2019R200?l WEST VIRGINIA LEGISLATURE 2019 REGULAR SESSION Originating Senate Bill BY ENTER SPONSORS HERE [Originating in the Committee on v" Reported on i=4, 193] 2019R2001 A BILL to amend and reenact ?5-16?2, ?5~16??l3, and ?5-16?22 of the Code of West Virginia, 1931, as amended; to amend and reenact ?11?8-6f of said code; to amend said code by adding thereto a new section, designated ?11-21?25; to amend said code by adding thereto a new section, designated section ?18?1?5; to repeal ?18-5-16a of said code; to amend and reenact ?18?5-16 of said code; to amend and reenact ?18?5?? 8a and ?18?5- 18b of said code; to amend and reenact ?18-5-16, ?18?5?32, ?18?5?45a, and ?18-5-46 of said code; to amend said code by adding thereto a new article, designated 8-5G-1, ?18~ 5G-2, ?18? 5G-10, ?18~5G??l1, and to amend and reenact of said code; to amend and reenact of said code; to amend and reenact ?18?8-4 of said code; to amend and reenact of said code; to amend and reenact and of said code; to amend and reenact ?18?20-5 of said code; by adding thereto a new article, designated ?18-3?l?1, ?18-3?l-2, ?18?3?l?3, ?18?31?4, ?18~31-5, ?18- 31-6, ?18~31?7, ?18?3?l-8, and ?18~31-9, to amend and reenact ?18A-4-5a, ?18A-4-7a, ?18A-4-8a, and of said code; to amend and reenact ?180~4??l, ?180-4-2, ?180-4-3, and ?180~4?5 of said code; to repeal of said code; and to amend and reenact ?29?12?5a of said code all relating generally to comprehensive education reform; providing for conversion of accrued sick leave to premium cost of insurance for Teachers Retirement System members; allowing county boards of education to increase their regular levy rates to the statutory maximum; declaring non-severability of Act; providing that central office administrators, supervisors, and directors serve at the will and pleasure of the superintendent; including the authorization of the establishment of charter schools; including charter school employees as covered by the Public Employees Insurance Act; establishing charter school employees? permissive participation in establishing charter school employee eligibility for the State Teachers Retirement System; establishing 2019R2001 charter school employee eligibility for the Teachers? Defined Contribution Retirement System; providing the legislative purpose and intent; defining terms; authorizing the establishment of public charter schools beginning in 2019?2020; establishing requirements and powers for public charter schools; providing forthe creation ofgoverning boards; setting requirements for enrollment in public charter schools; creating process and requirements for application to establish public charter schools; providing duties and responsibilities for authorizers; establishing requirements for charter school contracts; establishing process for renewal, nonrenewal, and revocation of contracts, including required rules by the State Board of Education; establishing funding for charter school enrollment; creating appeals process for the denial of a charter application, the nonrenewal of a charter contract, or the revocation of a charter contract; creating prohibitions; establishing reporting requirements, providing that appropriation will be disbursed to the public charter schools to serve the needs of exceptional children; and public charter schools? coverage by the Board of Risk and Insurance Management; creating income tax credits against personal income tax for educational expenses incurred by teachers for the purchase of supplementary educational materials or professional development costs; addressing the transfer and enrollment policies for students in public schools; clarifying the employment term for school employees and the applicability to time lost due to a work stoppage or strike; including teacher recommendations to the consrderations for student promotion; adjusting the maximum teacher?pupil ratio; expanding the social and emotional support services provided to students; clarifying the job duties and responsibilities of school counselors; modifying the contact requirements with a student?s guardians upon accrual of unexcused absences; requiring meaningful contact be made with guardians after a student has accrued three and five unexcused absences; specifying that a principal may make meaningful contact with guardians after a student has accrued three unexcused absences; expanding the definition of professional 2019R200?l student support personnel; and increasing the basic foundation allowance for professional student support personnel; increasing the county allowance for current expense to 71.25% of the county?s state average costs per square footage per student for operations and maintenance amount; providing written notice of state Board of Risk and Insurance Management insurance coverage to county board of education insureds; providing that counties with less than 1,400 in net enrollment shall be considered to have 1,400 in net enrollment for the purposes of determining the county?s basic foundation program only; enhancing counties' ability to provide additional compensation to teachers; permitting a county board of education to base its employment deciSIons. transfers, reassignments, reducing the number of professional personnel, reductions in classroom teaching positions and reductions in the workforce on an individual?s qualifications; and setting forth the factors to be considered when determining an individual?s qualifications; clarifying payment to teachers and withholdings; and enacting an Educational Savings Account Program; providing a short title and definitions; providing basic elements of an educational savings account; application requirements; responsibilities of the Treasurer; establishing a Parent Review Committee; providing eligibility requirements for and rights of education service providers; including responsibilities of resident school districts; and addressing legal proceedings; setting local share maximum at 2015?16 level; increasing salaries for teachers; providing additional pay for certain teachers providing math instruction; increasing salaries for service personnel; providing for accrual of personal leave at the end of each pay period; to modifying certain student financial aid resources available to students pursuing public school teaching careers; abolishing the UndenNood-Smith Teacher Loan Assistance Program; renaming the Underwood?Smith Teacher Scholarship and Loan Assistance Fund as the Underwood-Smith Teaching Scholars Program Fund; renaming the Underwood-Smith Teacher Scholarship program as the Underwood-Smith Teaching Scholars program; modifying program purpose to target certain academic intr SB 2019R2001 disciplines and emphasize the academic distinction of award recipients; modifying award eligibility, renewal and service agreement criteria to reflect modified program purpose; requiring certain mentoring services be provided to award recipients; preserving eligibility and service agreement criteria for current award recipients; and modifying the amount of an award and limiting tuition and fee charges for program recipients. Be it enacted by the Legislature of West Virginia CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY BOARD OF PUBLIC MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC. ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT. ?5-16-2. De?nitions. The following words and phrases as used in this article, unless a different meaning is clearly indicated by the context. have the following meanings: (1) ?Agency? means the Public Employees Insurance Agency created by this article. (2) ?Director" means the Director of the Public Employees Insurance Agency created by this article. (3) ?Employee? means any person, including an elected officer, who works regularly full time in the service of the State of West Virginia and, for the purpose of this article only, the term ?employee? also means any person, including an elected officer, who works regularly full time in the service of a county board of education; a public charter school established pursuant to $18- 56?1 et sea. of this code if the charter school includes in its approved charter application a determination to participate in the Public Employees insurance program; a county, city or town in the state; any separate corporation or instrumentality established by one or more counties, cities Intr SB 2019R2001 or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties, cities or towns; any comprehensive community mental health center or eemprehensive?mental retardation intellectually and developmentally disabled facility established, operated or licensed by the Secretary of Health and Human Resources pursuant to of this code and which is supported in part by state, county or municipal funds; any person who works regularly full time in the service of the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board, as defined in ofthis code; any person who works regularly full time in the service of a combined city?county health department created pursuant to ?16?2?1 et seq. of this code; any person designated as a Zist Century Learner Fellow pursuant to 1 of this code, and any person who works as a long? term substitute as defined in of this code in the service of a county board of education: Provided, That a long-term substitute who is continuously employed for at least 133 instructional days during an instructional term, and until the end of that instructional term, is eligible for the benefits provrded in this article until September 1, following that instructional term: Provided, however, That a long-term substitute employed fewerthan 133 instructional days during an instructional term is eligible for the benefits provided in this article only during such time as he or she is actually employed as a long?term substitute. On and after January 1, 1994, and upon election by a county board of education to allow elected board members to participate in the Public Employees Insurance Program pursuant to this article, any person elected to a county board of education shall be considered to be an ?employee? during the term of office of the elected member. Upon election by the State Board of Education to allow appointed board members to participate in the Public Employees Insurance Program pursuant to this article, any person 5 Intr SB 2019R2001 appointed to the state Board of Education is considered an "employee" during the term of office of the appointed member: Provided further, That the elected member of a county board of education and the appointed member of the State Board of Education shall pay the entire cost of the premium if he or she elects to be covered under this article. Any matters of doubt as to who is an employee within the meaning of this article shall be decided by the director. On or after July 1, 1997, a person shall be considered an ?employee" ifthat person meets the following criteria: Participates in ajob-sharing arrangement as defined in of this code; (ii) Has been designated, in writing, by all other participants in that job-sharing arrangement as the ?employee" for purposes of this section, and Works at least one third of the time requnred for a full-time employee. (4) ?Employer? means the State of West Virginia, its boards, agencies, commissions, departments, institutions or spending units; a county board of education; a public charter school established pursuant to??l 8-5G-1 et seq. ofthis code if the charter school includes in its approved charter application a determination to participate in the Public Employees Insurance program; a county, city or town in the state, any separate corporation or instrumentality established by one or more counties, cities or towns, as permitted by law; any corporation or instrumentality supported in most part by counties, cities or towns; any public corporation charged by law with the performance of a governmental function and whose jurisdiction is coextensive with one or more counties. cities or towns; any comprehensive community mental health center or comprehensive mental retardation facility established, operated or licensed by the Secretary of Health and Human Resources pursuant to of this code and which is supported in part by state, county or municipal funds; a combined city-county health department created pursuant to et seq. of this code; and a corporation meeting the description set forth in 6 2019R2001 of this code that is employing a 21st Century Learner Fellow pursuant to of this code but the corporation is not considered an employer with respect to any employee other than a 21st Century Learner Fellow. Any matters of doubt as to who is an ?employer" within the meaning of this article shall be decided by the director. The term ?employer" does not include within its meaning the National Guard. (5) "Finance board" means the Public Employees Insurance Agency finance board created by this article. (6) ?Person" means any individual, company, association organization corporation or other legal entity, including, but not limited to, hospital, medical or dental service corporations; health maintenance organizations or similar organization providing prepaid health benefits; or individuals entitled to benefits under the provisions of this article. (7) ?Plan?, unless the context indicates otherwise. means the medical indemnity plan, the managed care plan option or the group life insurance plan offered by the agency. (8) ?Retired employee? means an employee of the state who retired after April 29, 1971, and an employee of the Higher Education Policy Commission, the Council for Community and Technical College Education, a state institution of higher education or a county board of education who retires on or after April 21,. 1972, and all additional eligible employees who retire on or after the effective date of this article, meet the minimum eligibility requirements for their respective state retirement system and whose last employer immediately prior to retirement under the state retirement system is a participating employer in the state retirement system and in the Public Employees lnsurance Agency: Provided, That for the purposes of this article, the employees who are not covered by a state retirement system, but who are covered by a state?approved or state- contracted retirement program or a system approved by the director, shall, in the case of education employees, meet the minimum eligibility requirements of the State Teachers 7 Retirement System and in all other cases, meet the minimum eligibility requirements of the Public Employees Retirement System and may participate in the Public Employees Insurance Agency as retired employees upon terms as the director sets by rule as authorized in this article. Employers with employees who are, or who are eligible to become, retired employees under this article shall be mandatory participants in the Retiree Health Benefit Trust Fund created pursuant to 5-18D??l et seq. of this code. Nonstate employers may opt out of the West Virginia other post- employment benefits plan of the Retiree Health Benefit Trust Fund and elect to not provide benefits under the Public Employees Insurance Agency to retirees of the nonstate employer, but may do so only upon the written certification, under oath, of an authorized officer of the employer that the employer has no employees who are, or who are eligible to become, retired employees and that the employer will defend and hold harmless the Public Employees Insurance Agency from any claim by one of the employer?s past, present or future employees for eligibility to participate in the Public Employees Insurance Agency as a retired employee. As a matter of law, the Public Employees Insurance Agency shall not be liable in any respect to provide plan benefits to a retired employee of a nonstate employer which has opted out ofthe West Virginia other post? employment benefits plan of the Retiree Health Benefit Trust Fund pursuant to this section. ?5-16-13. Payment of costs by employer and employee; spouse and dependent coverage; involuntary employee termination coverage; conversion of annual leave and sick leave authorized for health or retirement benefits; authorization for retiree participation; continuation of health insurance for surviving dependents of deceased employees; requirement of new health plan, limiting employer contribution. Cost-sharing. -- The director shall provide under any contract or contracts entered into under the provisions of this article that the costs of any group hospital and surgical insurance, 8 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 2019R2001 group major medical insurance, group prescription drug insurance, group life and accidental death insurance benefit plan or plans shall be paid by the employer and. employee. Spouse and dependent coverage. Each employee is entitled to have his or her spouse and dependents included in any group hospital and surgical insurance, group major medical insurance or group prescription drug insurance coverage to which the employee is entitled to participate: Provided, That the spouse and dependent coverage is limited to excess or secondary coverage for each spouse and dependent who has primary coverage from any other source. For purposes of this section, the term ?primary coverage" means individual or group hOSpital and surgical insurance coverage or individual or group major medical insurance coverage or group prescription drug coverage in which the spouse or dependent is the named insured or certificate holder. For the purposes of this section, "dependent" includes an eligible employee?s unmarried child or stepchild under the age of twenty?five it that child or stepchild meets the definition of a "qualifying child" or a "qualifying relative" in Section 152 of the internal Revenue Code. The director may require proof regarding spouse and dependent primary coverage and shall adopt rules governing the nature. discontinuance and resumption of any employee's coverage for his or her spouse and dependents. Continuation after termination. -- If an employee participating in the plan is terminated from employment involuntarily or in reduction of work force, the employee's insurance coverage provided under this article shall continue for a period of three months at no additional cost to the employee and the employer shall continue to contribute the employer?s share of plan premiums for the coverage. An employee discharged for misconduct shall not be eligible for extended benefits under this section. Coverage may be extended up to the maximum period of three months, while administrative remedies contesting the charge of misconduct are pursued. If the discharge for misconduct be upheld, the full cost of the extended coverage shall be reimbursed 9 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 SB 2019R2001 by the employee. If the employee is again employed or recalled to active employment within twelve months of his or her prior termination, he or she shall not be considered a new enrollee and may not be required to again contribute his or her share of the premium cost, if he or she had already fully contributed such share during the prior period of employment. Conversion of accrued annual and sick leave for extended insurance coverage upon retirement for employees who elected to participate in the plan before July, 1988. Except as otherwise provided in subsection of this section, when an employee participating in the plan, who elected to participate in the plan before July 1, 1988, is compelled or required by law to retire before reaching the age of sixty-five, or when a participating employee voluntarily retires as provided by law, that employee?s accrued annual leave and Sick leave, if any, shall be credited toward an extension of the insurance coverage provided by this article, according to the following formulae: The insurance coverage for a retired employee shall continue one additional month for every two days of annual leave or sick leave, or both, which the employee had accrued as of the effective date of his or her retirement For a retired employee, his or her spouse and dependents, the insurance coverage shall continue one additional month for every three days of annual leave or sick leave, or both, which the employee had accrued as of the effective date of his or her retirement. Conversion of accrued annual and sick leave for extended insurance coverage upon retirement for employees who elected to participate in the plan after June, 1988. -- subsection of this section, and except as otherwise provided in subsections (9) and of this section, when an employee participating in the plan who elected to participate in the plan on and after July 1, 1988, is compelled or required by law to retire before reaching the age of sixty-five, or when the participating employee voluntarily retires as provided by law, that employee's annual leave or sick leave, if any, shall be credited toward one half of the premium 10 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 2019R2001 cost of the insurance provided by this article, for periods and scope of coverage determined according to the following formulae: (1) One additional month of single retiree coverage for every two days of annual leave or sick leave, or both, which the employee had accrued as of the effective date of his or her retirement; or (2) one additional month of coverage for a retiree, his or her spouse and dependents for every three days of annual leave or sick leave, or both, which the employee had accrued as of the effective date of his or her retirement. The remaining premium cost shall be borne by the retired employee if he or she elects the coverage. For purposes of this subsection, an employee who has been a participant under spouse or dependent coverage and who reenters the plan within twelve months after termination of or her prior coverage shall be considered to have elected to participate in the plan as of the date of commencement of the prior coverage. For purposes of this subsection, an employee shall not be considered a new employee after returning from extended authorized leave on or after July 1, 1988. Increased retirement benefits for retired employees with accrued annual and sick leave. In the alternative to the extension of insurance coverage through premium payment provided in subsections and of this section, the accrued annual leave and sick leave of an employee participating in the plan may be applied, on the basis of two days' retirement service credit for each one day of accrued annual and sick leave, toward an increase in the employee's retirement benefits with those days constituting additional credited service in computation of the benefits under any state retirement system: Provided, That for a person who first becomes a member of the Teachers Retirement System as provided in article seven-a, chapter eighteen of this code on or after July 1, 2015, accrued annual and sick leave of an employee participating in the plan may not be applied for retirement service credit. However, the additional credited service shall not be used in meeting initial eligibility for retirement criteria, but only as additional service credited in excess thereof. 11 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 198 197 198 Intr SB 2019R2001 Conversion of accrued annual and sick leave for extended insurance coverage upon retirement for certain higher education employees. Except as otherwise provided in subsection (I) of this section, when an employee, who is a higher education full-time faculty member employed on an annual contract basis otherthan for twelve months, is compelled or required by law to retire before reaching the age of sixty-five, or when such a participating employee voluntarily retires as provided by law, that employee?s insurance coverage, as provided by this article, shall be extended according to the following formulae: The insurance coverage for a retired higher education full?time faculty member, formerly employed on an annual contract basis other than for twelve months, shall continue beyond the effective date of his or her retirement one additional year for each three and one-third years of teaching servrce, as determined by uniform guidelines established by the University of West Virginia Board of Trustees and the board of directors of the state college system, for individual coverage, or one additional year for each five years of teaching service for family coverage. Any employee who retired prior to April 21, 1972, and who also otherwise meets the conditions of the "retired employee" definition in section two of this article, shall be eligible for insurance coverage under the same terms and provisions of this article. The retired employee?s premium contribution for any such coverage shall be established by the finance board. Retiree participation. -- All retirees under the provisions of this article, including those defined in section two of this article; those retiring prior to April 21, 1972; and those hereafter retiring are eligible to obtain health insurance coverage. The retired employee's premium contribution for the coverage shall be established by the finance board. Surviving spouse and dependent participation. -- A surviving spouse and dependents of a deceased employee, who was either an active or retired employee participating in the plan just prior to his or her death, are entitled to be included in any comprehensive group health 12 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 Intr SB 2019R2001 insurance coverage provided under this article to which the deceased employee was entitled, and the spouse and dependents shall bear the premium cost of the insurance coverage. The finance board shall establish the premium cost of the coverage. Elected officials. -- ln construing the provisions of this section or any other provisions of this code, the Legislature declares that ever been the Legislature's intent that elected public officials be provided any sick leave, annual leave or personal leave, and the enactment of this section is based upon the fact and assumption that no statutory or inherent authority exists extending sick leave, annual leave or personal leave to elected public officials and the very nature of those positions preclude the arising or accumulation of any leave, so as to be thereafter usable as premium paying credits for which the officrals may claim extended insurance benefits. (I) Participation of certain former employees -- An employee, eligible for coverage under the provisions ofthis article who has twenty years of service with any agency or entity participating in the public employees insurance program or who has been covered by the public employees insurance program for twenty years may. upon leaving employment with a participating agency or entity, continue to be covered by the program if the employee pays one hundred five percent of the cost of retiree coverage: Provided, That the employee shall elect to continue coverage under this subsection within two years of the date the employment with a participating agency or entity is terminated: Provided, further That if an employee, eligible for coverage under the provisions of this article, is a member of the Teachers Retirement System as defined in article seven?a, chapter eighteen of this code on or after July 1, 2019, that employee?s accrued sick leave, if any, shall be credited toward the premium cost of the insurance provided by this article for one additional month of coverage for the retiree and his or her dependents for every ten drag of sick leave which the employee had accrued as of the effective date of his or her retirement. 13 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 2019R2001 Prohibition on conversion of accrued annual and sick leave for extended coverage upon retirement for new employees who elect to participate in the plan after June, 2001. Any employee hired on or after July 1, 2001, who elects to participate in the plan may not apply accrued annual or sick leave toward the cost of premiums for extended insurance coverage upon his or her retirement. This prohibition does not apply to the conversion of accrued annual or sick leave for increased retirement benefits, as authorized by this section: Provided, That any person who has participated in the plan prior to July 1, 2001, is not a new employee for purposes of this subsection if he or she becomes reemployed with an employer participating in the plan within two years following his or her separation from employment and he or she elects to participate in the plan upon his or her reemployment. Prohibition on conversion of accrued years of teaching service for extended coverage upon retirement for new employees who elect to in the plan July, 2009. Any employee hired on or after July 1, 2009, who elects to participate in the plan may not apply accrued years of teaching service toward the cost of premiums for extended insurance coverage upon his or her retirement. ?5-16-22. Permissive participation; exemptions. The provisions of this article are not mandatory upon any employee or employer who is not an employee of or Is not the State of West Virginia. its boards, agencies, commissions, departments institutions or spending units, or a county board of education, and nothing contained in this article may be construed so as to compel any employee or employer to enroll in or subscribe to any insurance plan authorized by the provisions of this article: Provided, That nothing in this section requires a public charter school to participate in the Public Employees Insurance Agency program. These employees enrolled in the insurance program authorized under the provisions of 14 ?2019R2001 et seq. of this code may not be required to enroll in or subscribe to an insurance plan or plans authorized by the provisions of this article, and the employees of any department which has an existing insurance program for its employees to which the government of the United States contributes any part or all of the premium or cost of the premium may be exempted from the provisions of this article. Any employee or employer exempted under the provisions of this paragraph may enroll in any insurance program authorized by the provisions of this article at any time, to the same extent as any other qualified employee or employer, but employee or employer may not remain enrolled in both programs. The provisions of ?33~14-l et seq through ?33-16?1 et seq. of this code, relating to group life insurance, accident and Sickness insurance, and group accident and sickness insurance, are not applicable to the provisrons of this article whenever the provisions of ?33-14-?l et seq. through ?33-16?1 etseq of this code are in conflict with or contrary to any provision set forth in this article or to any plan or plans established by the Public Employees Insurance Agency. Employers, other than the State of West Virginia, its boards, agencies, commissions, departments, institutions, spending units, or a county board of education are exempt from participating in the insurance program provided for by the provisions of this article unless participation by the employer has been approved by a majority vote of the employer's governing body. It is the duty of the clerk or secretary of the governing body of an employer who by majority vote becomes a participant in the insurance program to notify the director not later than 10 days after the vote Any employer, whether the employer participates in the Public Employees Insurance Agency insurance program as a group or not, which has retired employees, their dependents or surviving dependents of deceased retired employees who participate in the Public Employees insurance Agency insurance program as authorized by this article, shall pay to the agency the same contribution toward the cost of coverage for its retired employees, their dependents or surviving dependents of deceased retired employees as the State of West Virginia, its boards, ?15 Intr SB 2019R2001 agencies, commissions, departments, institutions, spending units, er a county board of education pay for their retired employees, their dependents and surviving dependents of deceased retired employees, as determined by the finance board: Provided, That after June 30, 1996, an employer not mandated to participate in the plan is only required to pay a contribution toward the cost of coverage for its retired employees, their dependents or the surviving dependents of deceased retired employees who elect coverage when the retired employee participated in the plan as an active employee of the employer for at least five years: Provided, however, That those retired employees of an employer not participating in the plan who retire on or after July 1, 2010, who have participated in the plan as active employees of the employer for less than five years are responsible for the entire premium cost for coverage and the Public Employees Insurance Agency shall bill for and collect the entire premium from the retired employees, unless the employer elects to pay the employer share of the premium. Each employer is hereby authorized and required to budget for and make such payments as are required by this sec?on. CHAPTER 11. TAXATION. ARTICLE 8. LEVIES. ?11-8-6f. Regular school board levy rate; creation and implementation of Growth County School Facilities Act; creation of Growth County School Facilities Act Fund. Notwithstanding any other provision of law except ?11-8-6f(c) of this code, where any annual appraisal, triennial appraisal or general valuation of property would produce a statewide aggregate assessment that would cause an increase of two percent or more in the total property tax revenues that would be realized were the then current regular levy rates of the county boards of education to be imposed, the rate of levy for county boards of education shall be reduced uniformly statewide and proportionately for all classes of property for the forthcoming tax year so as to cause the rate of levy to produce no more than one hundred two percent of the previous 16 INTRODUCED 2019 year's projected statewide aggregate property tax revenues from extending the county board of education levy rate, unless subsection of this section is complied with. The reduced rates of levy shall be calculated in the following manner: (1) The total assessed value of each class of property as it is defined by section five of this article for the assessment period just concluded shall be reduced by deducting the total assessed value of newly created properties not assessed in the previous year's tax book for each class of property; (2) the resulting net assessed value of Class I property shall be multiplied by .01; the value of Class II by .02; and the values of Classes Ill and iv, each by .04; (3) total the current year's property tax revenue resulting from regular levies for the boards of education throughout this state and multiply the resulting sum by one hundred two percent: Provided, That the one hundred two percent figure shall be increased by the amount the boards of education?s increased levy provided for In subsection section eight, article one?c of this chapter; (4) divide the total regular levy tax revenues, thus increased in subdivision (3) of this subsection, by the total weighted net assessed value as calculated in subdivision (2) of this subsection and multiply the resulting product by one hundred; the resulting number is the Class regular levy rate, stated as cents?per-one hundred dollars of assessed value; and (5) the Class rate is two times the Class rate; Classes Ill and IV, four times the Class rate as calculated in the preceding subdivision. An additional appraisal or valuation due to new construction or improvements, including beginning recovery of natural resources, to existing real property or newly acquired personal property shall not be an annual appraisal or general valuation within the meaning of this section, nor shall the assessed value of the improvements be included in calculating the new tax levy for purposes of this section. Special levies shall not be included in any calculations under this section. After conducting a public hearing, the Legislature may, by act, increase the rate above the reduced rate required in subsection of this section if an increase is determined to be necessary. Beginning with the 2020 fiscal year and the 2019 tax year, ?1l-8-6fla) and of this ?17 INTRODUCED 2019 code expire and the regular levy rates for the county boards of education shall be the following: (1) For Class I property, 19.4 cents per $100; (2) for Class ll property, 38.8 cents per $100; and (3) for Class Ill and Class IV property, 77.6 cents per $100: Provided, That, annually, county boards of education may increase their regular levy rates through a maiority vote of their members up to the sum of the levy rates set forth in subdivisions (1), (2) and (3), section six-c of this article for each class of property, which are: (1) For Class property, 22.95 cents per $100, (2) for Class II property. 45.9 cents per $100; and (3) for Class and Class IV property, 91 8 cents per $100. (9) The State Tax Commissioner shall report to the Joint Committee on Government and Finance and the Legislative Oversight Commission on Education Accountability by March 1 of each year on the progress of assessors in each county in assessmg properties at the Constitutionally required sixty percent of market value and the effects of increasing the limit on the increase in total property tax revenues set forth In this section to two percent. (9) Growth County School Facilities Act. Legislative findings. The Legislature finds and declares that there has been, overall, a statewide decline in enrollment in the public schools of this state; due to this decline, most public schools have ample space for students, teachers and administrators; however, some counties of this state have experienced significant increases in enrollment due to significant growth in those counties; that those counties experiencing significant increases do not have adequate facilities to accommodate students, teachers and administrators. Therefore, the Legislature finds that county boards of education in those high-growth counties should have the authority to designate revenues generated from the application of the regular school board levy due to new construction or improvements placed in a Growth County School Facilities Act Fund be used for school facilities in those counties to promote the best interests of this state's students. (1) For the purposes of this subsection, "growth county" means any county that has experienced an increase in second month net enrollment of fifty or more during any three of the last five years, as determined by the state Department of Education. 18 INTRODUCED 2019 (2) The provisions of this subsection shall only apply to any growth county, as defined in subdivision (1) of this subsection, that, by resolution of its county board of education, chooses to use the provisions of this subsection. (3) For any growth county, as defined in subdivision (1) of this subsection, that adopts a resolution choosing to use the provisions of this subsection, pursuant to subdivision (2) of this subsection, assessed values resulting from additional appraisal or valuation due to new construction or improvements to existing real property shall be designated as new property values and identified by the county assessor. The statewide regular school board levy rate as established by the Legislature shall be applied to the assessed value designated as new property values and the resulting property tax revenues collected from application ofthe regular school board levy rate shall be placed in a separate account designated as the Growth County School Facilities Act Fund. Revenues deposited in the Growth County School FaCIlities Act Fund shall be appropriated by the county board of education for construction, maintenance or repair of school facilities. Revenues in the fund may be carried over for an indefinite length of time and may be used as matching funds for the purpose of obtaining funds from the School Building Authority or for the payment of bonded indebtedness incurred for school facilities. For any growth county choosing to use the provisions of this subsection, estimated school board revenues generated from application of the regular school board levy rate to new property values are not to be considered as local funds for purposes of the computation of local share under the provisions of section eleven, article nine?a, chapter eighteen of this code. This section, as amended during the legislative session in the year 2004, shall be effective as to any regular levy rate imposed for the county boards of education for taxes due and payable on or after July 1, 2004. If any provision of this section is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or its application and to this end the provisions of this section are declared to be severable. 19 ?10 ?11 12 13 INTRODUCED 2019 ARTICLE 21. PERSONAL INCOME TAX. ?11-21-25. EDUCATION EXPENSES TAX CREDITS. Credit allowed. - For those tax years beginning on or after January 2019, there is allowed a nonrefundable credit for expenses incurred for the purchase of supplementary education materials or professional development costs incurred by a classroom teacher employed by a public or private school. Amount of credit. A classroom teacher employed by a public or private school may claim a tax credit not to exceed $250. Qualifying educational expenses. Qualifying expenses include costs relating to computer equipment including education related software and services. textbooks, workbooks; curricula and other written or supplementary materials used for curricular or cocurricular or extra- curricular instruction and expenses for curricular or cocurricular activities. Unused credit. If any credit remains after application of ?1 ?1-21-25(c] ofthis code. that amount is forfeited. A carryback to a priortaxable year is not allowed for the amount of any unused portion of any annual credit allowance CHAPTER 18. EDUCATION. ARTICLE 1. LIMITATIONS OF GOALS FOREDUCATION. ?18-1-5. Nonseverability. If any provision of this Act, passed during the regular session. 2019. is held invalid, then. notWIthstanding any other provision of law. every other provision of this Act shall be deemed invalid and of no further force and effect. ARTICLE 5. COUNTY BOARD OF EDUCATION. ?18-5-16. Student transfers; definitions; legislative?findings; appeals; calculating net enrollment; fees for transfer. +91} Geantyedistnets?and?seneei??W Establishment of attendance zones 20 INTRODUCED 2019 Within counties. The county board may?wee shall establish attendance zones within the county to designate the schools the that its resident students e?tseeuaty?shall attend. Upon the written request of any parent or guardian, or person legally responsible for any student, or for reasons affecting the best interests of the schools, the superintendent may transfer students from one school to another within the county. Any aggrieved person may appeal the decision of the county superintendent to the county board, and the decision of the county board shall?be is final. 21 INTRODUCED 22 2019 INTRODUCED 2019 (1) De?nitions. For the purposes of this section, unless a different meaning clearly appears from the context: ?Nonresident student? means a student who resides in this state and who is enrolled in or is seeking enrollment in a school district other than the school district in which the student resides. ?Open enrollment? means a policy adopted and implemented by a school district governing board to allow nonresident students to enroll in any school within the district pursuant to subsection ofthis section. Open enrollment is distinct from a mutual agreement of two county boards regarding mass transfer of students, as contemplated in of this code. (21 Enrollment policies. County boards may establish and implement an open enrollment policy Without charging tuition and without obtaining approval from the county board of the county without obtaining approval from the county board of the county in which a student resides and transfers. These policies shall clearly articulate any admission criterial application procedures, transportation provisions, timeiines for open enrollment periods. and restrictions on transfers due to building capacity constraints. (A) A county board may give enrollment preference to: Siblings of students already enrolled through the open enrollment policy; 23 100 101 102 103 104 105 INTRODUCED 2019 (ii) Secondary students who have completed tenth grade and, due to family relocation, become nonresident students, but express the desire to remain in a specific school to complete their education; Student who are children, grandchildren. or legal wards of employees; (iv) Students whose legal residences, though geographically within another county, are more proximate to a school within the receiving county. whether calculated by miles or transportation time; and Students who reside in a portion of a county where topography, impassable roads. long bus rides. or other conditions prevent the practicable tranSportation of the student to a school within the county. and a school within a contiguous county is more easily accessible. (B) A county must comply with all enrollment requirements for children who are in foster care or who meet the definition of unaccompanied youth prescribed in the McKinney-Vento Homeless Assistance Act (42 U.S.C. ?11434a(6)) (C) The county board for the county educating the nonresident student may provide an adequate means of transportation to nonresident students when students have complied with the procedure for obtaining authorization to attend school outside their county of residence. County boards of education are not required to uniformly provide nonresident student transportation, and may consider whether a nonresident student meets the eligibility criteria for free or reduced price lunches and milk established within the Richard B. Russell National School Lunch Act (42 U.S.C. (ii) The county board for the county educating the nonresident student shall provide transportation each way to and from the school of attendance, or to and from an agreed pickup point on a regular transportation route, or for the total miles traveled each day for the nonresident student to reach the school of enrollment if the nonresident student with disabilities has an individualized education program that specifies that transportation is 24 108 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 128 127 128 129 130 131 INTRODUCED 2019 necessary for fulfillment of the program. (3) Appeal. The state board of education shall establish a process whereby a parent or guardian of a student may appeal the refusal of a county board to accept the transfer of the student. If during the appeal process, the State Superintendent discovers that the education and the welfare ofthe student could be enhanced, the State Superintended may direct that the student may be permitted to attend a school in the receiving county. (4) Net enrollment. For purposes of net enrollment as defined in of this code, whenever a student is transferred on a full?time basis from one school district to another district pursuant to the provisions of this section, the county to which the student 15 transferred shall include the student in its net enrollment. (A) if, after transferring to another county, a student chooses to return to a school in his or her county of residence after the second month of any school year, the following applies: The county of residence may issue an invoice to the county from which the student transferred for the amount. determined on a pro rata basis, that the county of residence othenivise would have received under the state basic foundation program established in et sea. of this code; and (ii) The county from which the student transferred shall reimburse the county of residence for the amount of the invoice. Transfers between states. Transfer of students from this state to another state shall be upon such terms, including payment of tuition, as shall be mutually agreed upon by the board of the transferring receiving county and the authorities of the school to or district from which 25 132 133 134 135 10 11 12 13 14 INTRODUCED 2019 the transfer is made. (g1 No parent, guardian, or person acting as parent or guardian shall?be is required to pay for the transfer of a student or for the tuition of the student after the transfer when sueh th_e transfer is carried out under the terms of this section. ?18-5-16a. Authorization to transfer pupils from one district to another; mandatory transfer; payment of tuition; net enrollment. [Repealed] ?18-5-1 Ba. Maximum teacher-pupil ratio. (g1 County boards of education shall provide sufficient personnel, equipment and facilities as will ensure that each first grade classroom, or classrooms having two or more grades that include eitheiLthe?first?er one or more ofthe first through sixth grades shall not have more than twenty-five t_w_en_ty_? gigm pUpils for each teacher of the grade or grades and shall not have more than twenty pupils for each kindergarten teacher per session, unless the state superintendent has excepted a specific classroom upon application therefor by a county board. greater number of classrooms having two or more grades that include one or more of the grade levels referred to in this section than were in existence in said county as of January 1, 1983. 26 INTRODUCED 2019 (Q1 E19 state superintendent is authorized, consistent with sound educational policy, to permit on a statewide basis, in grades four through six, more than Meaty?five twenty-eight pupils per teacher in a classroom for the purposes of instruction in physical education, and to permit more than twenty pupils per teacher in a specific kindergarten classroom and Meaty-five twenty?eight pupils per teacher in a specific classroom in grades one through six during a school year in the event of extraordinary circumstances as determined by the state superintendent after application by a county board of educa?on. g) The state board shall establish guidelines for the exceptions authorized in this section, but in no event shall the superintendent except classrooms having more than three pupils above the pupil?teacher ratio as set forth in this section. The requirement for approval of an exception to exceed the twenty pupils per kindergarten teacher per session limit or the seventy-five twenty?eight pupils per teacher limit in grades one through six is waived in schools where the schoolwide pupil?teacher ratio is Meaty? five twenty?eight or less in grades one through six: Provided, That a teacher shall not have more than three pupils above the teacher/pupil ratio as set forth in this section. Any kindergarten teacher who has more than twenty pupils per session and any classroom teacher of grades one through six who has more than twenty-five pupils shall be paid additional compensation based on the affected classroom teacher's average daily salary divided by twenty for kindergarten teachers or twenty?five for teachers of grades one through six for every day times the number of additional pupils enrolled up to the maximum pupils permitted in the teacher's classroom. All such additional compensation shall be paid from county funds exclusively. INTRODUCED 2019 (D No provision of this section is intended to limit the number of pupils per teacher in a classroom for the purpose of instruction in choral, band or orchestra musrc (9) Each school principal shall assign students equitably among the classroom teachers, taking into consideration reasonable differences due to subject areas andlor grade levels. The state board shall collect from each county board of education information on class size and the number of pupils per teacher for all classes in grades seven through twelve. The state board shall report such information to the Legislative Oversight Commission on Education Accountability before January 1, of each year. ?18?5-18b. School counselors in public schools. A school counselor means a professional educator who holds a valid school counselor's certificate in accordance with article three of this chapter. Each county board shall provide counseling services for each pupil enrolled in the public schools of the county. (0) The school counselor shall work with individual pupils and groups of pupils in providing developmental, preventive and remedial guidance and counseling programs to meet academic, social, emotional and physical needs; including programs to identify and address the problem of potential school dropouts. The school counselor also may provide consultant services for parents, teachers and administrators and may use outside referral services, when appropriate, if no 28 INTRODUCED 2019 additional cost is incurred by the county board. The state board may adopt rules consistent with the provisions of this section that define the role of a school counselor based on the "National Standards for School Counseling Programs" of the American school counselor association. A school counselor is authorized to perform such services as are not inconsistent with the provisions of the rule as adopted by the state board. To the extent that any funds are made available for this purpose, county boards shall provide training for counselors and administrators to implement the rule as adopted by the state board. Each county board shall develop a comprehensive drop-out prevention program utilizing the expertise of school counselors and any other appropriate resources available. School counselors shall be full-time professional personnel, shaH?spend?aHeast and whose main responsibility shall be providing direct counseling services to students. The primary purpose ofthis position shall be to support students with their academic, social, and emotional needs Nothing in this section prohibits a county board from exceeding the provisions of this section, or requires any specn?ic level of funding by the Legislature. ?18-5?32. Assistant superintendents; directors and supervisors of instruction and other educational activities. The county board, upon the recommendation of the county superintendent, may employ an assistant whose term of employment may be not less than one nor more than four years: Provided, That his or her term may not extend beyond that of the incumbent county superintendent. The board may not employ more than one assistant for each two hundred teachers or major fraction thereof. 29 INTRODUCED 2019 The county board, upon the recommendation of the county superintendent, is authorized to employ general and special supervisors or directors of instruction and of other educational activities as may be considered necessary. The employment of the assistant superintendent shall be on a twelve-month basis. The period of employment for all others named herein shall be at the discretion of the county board. Rules for qualifications of assistant superintendents, and directors and supervrsors of instruction and of other educational activities shall be fixed by the state board: Provided, That the qualifications required for any assistant superintendent may not be higher than those required for the county superintendent: Provided, however, That the rules do not affect the status of any incumbent nor his or her right to succeed himself or herself in his or her assigned position. The county board is authorized to reimburse the employees for their necessary traveling expenses upon presentation of a itemized, sworn statement approved by the county superintendent. Central office administrators, supervisors, and directors shall serve at the will and pleasure of the superintendent and may be removed by the superintendent upon approval of the county board. Thejob duties of a professional educator employed under the provisions of this section, including a professional educator employed as a ?supervisor" or "central office administrator" as defined in section one, article one, chapter eighteen-a of this code, shall include substitute teaching on at least three instructional days each school year: Provided, That the substitute teaching requirement of this subsection does not apply to the superintendent and those who have never held a teaching certificate or an administrative certificate. All acts or parts of acts inconsistent with this section are hereby repealed. ?18-5-45a. Further expressions of legislative intent with respect to school calendar; 30 INTRODUCED 2019 applicability to time lost due to work stoppage or strike; affect on pay. Section ?18?5-45 of this code is designed to define the school term both for employees and for instruction. The employment term consists of at least 200 days as provided in the section and, within the employment term, an instructional term for students must consist of no less than 180 separate instructional days. Section ?18?5-45 also defines the minimum length of an instructional day, requires county boards to develop a policy for additional minutes of instruction to recover time lost due to late arrivals and early dismissals and also allows schools With an instructional day in excess of certain minimums to apply this equivalent instructional time to cancel time lost due to necessary closures and other purposes designed to improve instruction. The use of equivalent time gained to cancel days lost and the use of alternative methods to deliver instruction on canceled days as defined in section ?18?5-45 are conSIdered instructional days for the purposes of meeting both the 200 day minimum employment term and the 180 day minimum separate instructional day requirements. The Legislature intended with the enactment of these provisions regarding equivalent instructional time and alternative instructional delivery to help improve instruction and lessen the disruption to the planned school calendar if reschedulinq and adding instructional days became necessary to make up lost days due to closures pursuant to section of this code when conditions are detrimental to the health. safety or welfare of pupils. The legislature did not intend with the enactment of these provisions to permit a shortening of the instructional term for students or of the employment term for personnel when the conditions causingthe closure of the school is a concerted work stoppage or strike by the employees. The proviSIons of section ?18?5-45 of this code permitting accrued or equivalent instructional time to cancel days lost, and the delivery of instruction through alternative methods, do not apply to and may not be used cancel days lost due a concerted work stoppage or strike. When a concerted work stoppage or strike by the employees assigned to a school causes the county superintendent to close the school temporarily, the county board shall withhold the pay of the employees for each day that the school is closed for that cause. The withheld pay 31 2019 shall be paid by the county board to the employees from whom withheld who subsequently fulfill their assigned duties for the instructional term and the employment term as per their employment contract. Any funds which are withheld and are not needed for such payment shall be returned to the accounts of the Department of Education for carry?forward in the next fiscal year. If a day that was originally scheduled for instruction is canceled, the school for which the day was canceled may not participate in any interscholastic athletic events during any part of that same day. ?18-5-46. Requiring teacher to change grade prohibited; teacher recommendation relating to promotion. (3) No teacher may be required by a principal or any other person to change a student's grade on either an individual assignment or a report card unless there is clear and convincing evidence that there was a mathematical error in calculating the student's grade. The teacher?s recommendation relating to whether or not a student should be promoted to the next grade level shall be a primary consideration when making such a determination. ARTICLE 5G. PUBLIC CHARTER SCHOOLS. Legislative purpose and intent. The West Virginia Legislature hereby authorizes the establishment of public charter schools to benefit students. parents, teachers and community members by creating new, innovative and more fleXIble ways of educating all children within the public school system and by advancmg a renewed commitment to the mission, goals. and diversity of public education. The purposes of the public charter school initiative are to: Improve student learning by creating more diverse public schools with high standards for student performance; Provide innovative educational methods and practices through programs that engage students in the learning process, thus resulting in higher student achievement; (0) Enable schools to establish a distinctive school curriculum. a specialized academic 32 2019 theme, or method of instruction; and Allow schools enhanced freedom and flexibility in exchange for exceptional levels of results-driven accountability. Definitions. The following words used in this article and any proceedings pursuant thereto have the following meanings unless the context clearly indicates a different meaning: (1) ?Applicant? means any group or entity with 501(c)(3) tax-exempt status or that has submitted an application for 501 tax-exempt status that develops and submits an application for a public charter school to an authorizer; (2) ?Authorizer? means the entity authorized under this article to review and approve or deny charter applications, enter into charter contracts with applicants; oversee public charter schools. and determine whether to renew, not renew, or revoke charter contracts. Authorizers mm (A) A county school board in which a public charter school is proposed to be located; (B) Two or more county school boards representing the several counties where a public charter school is proposed; (C) Any West Virginia public or private institution of higher education; or (D) The West Virginia Public Charter School Commission established pursuant to {518? 56-10: Provided, That the Commission may only authorize public charter schools in school districts that do not meet standards as determined pursuant to state board policy; (3) ?Charter application? means a proposal from an applicant to an authorizer to enter into a charter contract whereby the proposed school obtains public charter school status; (4) "Charter contract? or ?contract" means a fixed-term; renewable contract between a public charter school's governing board and an authorizer that identifies the roles; powers, responsibilities, operational duties, accountability, and performance expectations for each party to the contract, consistent with the requirements of this article; 33 INTRODUCED 2019 (5) ?Commission? means the West Virginia Public Charter School Commission established pursuant to of this code; (6) ?Conversion public charter school? means a public charter school that existed as a non?charter public school before becoming a public charter school; (7) ?County board? means a county board of education; (8) ?Education service provider? means an education management organization school design provider, or any other partner entity with which a public charter school contracts for educational design, implementation, or comprehensive management; (9)"Governing board? means the independent board of directors for a public charter school that is a party to the charter contract with the authorizer and whose members have been elected or selected pursuant to the charter application; (10) "Noncharter public school? means a public school other than a public charter school established pursuant to this article; (11) "Parent" means a parent; guardian, or other person or entity having legal custody over a child; (12) ?Public charter school" means a public school established pursuant to this article that: (A) is a public corporate body, exercising public power through its governing board, including the power in name to contract and be contracted with, sue and be sued; and adopt bylaws not inconsistent with this article; (B) Has autonomy over decisions relating to finance, personnel; scheduling, curriculum, and instruction consistent with this article and its charter contract; (C) is governed by a governing board that is independent of a county board except as otherwise provided in this article; (D) ls established and operating under the terms of a charter contract between the public charter school?s governing board and its authorizer; (E) Is a public school to which parents choose to send their children; 34 INTRODUCED 2019 (G) Is a public school that admits students on the basis of a random and open lottery if more students apply for admission than can be accommodated. pursuant to and subiect to ?18? 5G-4 of this code' (H) Offers a comprehensive instructional program that meets or exceeds the student performance standards adopted pursuant to of this code; and Operates under the oversight of its authorizer in accordance with its charter contract; (13) ?State board? means the West Virginia Board of Education; (14) ?Student? means any child that is eligible for attendance in a DUbllC school in West Virginia; and (15) ?Virtual public charter school? means a public charter school that offers education services primarily or completely through an online program. Authorization for the establishment of public charter schools; governing board. A public charter school shall be part of the state?s system of public education but shall be exempt from all statutes and administrative regulations applicable to the state board, a county board, or a school unless expressly stated otherwise in this article, subiect to the following: (1) Public charter schools shall adhere to the same immunization, civil rights and disability rights requirements applicable to traditional public schools; and (2) Nothing in the article prohibits a public charter school from complying with any statute; state board policy; or county board policy applicable to traditional public schools. A public charter school may be a virtual public charter school; A public charter school shall not have entrance requirements or charge tuition or fees: Provided, That a public charter school may require the payment of fees on the same basis and to the same extent as noncharter public schools. A public charter school shall not have the power to levy taxes. A public charter school shall: (1) Be governed by a governing board; 35 INTRODUCED 2019 (2) Provide instructional time that is at least equal to the number of days or their equivalent required by ?18?5-45 of this code; (3) Require criminal background checks for staff and volunteers. including members of its governing board. as required of all noncharter public school employees and volunteers; (4) Prohibit contractors and service providers or their employees from making direct; unaccompanied contact with students or access school grounds unaccompanied when students are present if it cannot be verified that the contractors, service providers or employees have not previously been convicted of a qualifying offense pursuant to ?18-5-150 of this code; (5) Ensure student participation in the required state summative assessment pursuant to of this code; (6) Adhere to generally accepted accounting principles and adhere to the same financial audits, audit procedures and audit requirements applicable to noncharter public schools; (7) Utilize the same system for reporting student information data and ?nancial data as is utilized by noncharter public schools; (8) Comply with the Freedom of Information Act as set forth in ?298?1?1 et sea. of this gage; (9) Report data using the West Virginia Education Information System (WVEIS) or successor data reporting system that noncharter public schools use; (10) Operate under the oversight of its authorizer in accordance with its charter contract; (11) As a public corporate body. have the powers necessary for carrying out the terms of its charter contract, including. but not limited to the power to: (A) Receive and disburse funds for school purposes; (B) Secure appropriate insurance and enter into contracts and leases; (C) Contract with an education service provider, so long as the governing board retains final oversight and authority over the school; (D) Pledge, assign; or encumber its assets to be used as collateral for loans or extensions 36 INTRODUCED 2019 of credit? (E) Solicit and accept any gifts or grants for school purposes, subiect to applicable laws and the terms of its charter; and (F) Acquire real property for use as its facilities or facilities, from public or private sources; (12) Enroll students in the public charter school pursuant to of this code; Require any education service provider contracted with the governing board to provide a detailed budget to the board; (14) Serve one or more of grades pre-K through 12 and shall limit admission to students within the grade levels served; and (15) Provide programs and services to a student with a disability accordance with the student's individualized education program and all federal and state laws. rules, and regulations. A public charter school shall deliver the services directly or contract with another provider to deliver the services. A public charter school may' (1) Negotiate and contract with its authorizer or any third party for the use, operation. and maintenance of a building and grounds, liability insurance. and the provision of any service, activity, or undertaking that the public charter school is required to perform in order to carry out the educational program described in its charter contract. Any services for which a public charter school contracts With a school district shall be provided by the district at cost and shall be negotiated as a separate agreement after final charter contract negotiations; (2) Sue and be sued in its own name; (3) Own, rent, or lease its space; and (4) Participate in cocurricular activities to the same extent as noncharter public schools; (5) Participate in extra-curricular activities to the same extent as noncharter public schools: Provided, That a student is eligible to participate in an extra-curricular activity at the noncharter 37 INTRODUCED 2019 public school located in his or her attendance zone if that extra?curricular activity is not offered by the public charter school and the student complies with the same eligibility requirements as noncharter public school students. Public charter school governing board. (1) To ensure compliance with this article, a public charter school shall be administered by a governing board accountable to the authorizer as set forth in the charter contract. A public charter school governing board shall consist of no fewer than five members. (2) The governing board shall consist of at least: (A) Two parents of students attending the public charter school operating under the governing board; and (B) One member of the county board over the school district in which the public charter school is located if the county board elects to appomt a member: Provided. That refusal by an_y county board members to sit on the governing board shall not preclude the establishment of a chanerschooi (3) Members of the governing board shall: (A) Not be an employee ofthe public charter school administered by the governing board; (B) Not be an employee of an education service provider that provides services to the public charter school; and (C) File a full disclosure report to the authorizer identifying potential conflicts of interest, relationships with management organizations, and relationships with family members who are employed by the public charter school or have other business dealings with the school, the management organization of the school, or any other public charter school. (4) Members of the governing board shall collectively possess expertise in leadership, curriculum and instruction, law, and finance. (5) A member of public charter school governing board shall be considered an officer of a school district under the provisions of {36?6?7 of this code. and shall be removed from office under 38 INTRODUCED 2019 the provisions of that section. (6) The governing board shall be responsible for the operation of its public charter school, including, but not limited to, preparation of an annual budget, contracting for services, school curriculum, personnel matters, and achieving the obiectives and goals of the public charter school?s program. (7) The governing board shall comply with open governmental proceedings regurrements set forth in et seq. ofthis code. Enrollment in a public charter school; recruitment and retention plans. A public charter school may enroll any student residing In the state if capacity is insufficient to enroll all students who Wish to attend any specific grade level at a public charter school, the school shall select students through a randomized and transparent lottery: Provided, That the state board shall promulgate a rule to guide student application and lottery procedures for public charter schools. Enrollment preference for public charter schools shall be given to students enrolled in the public charter school the preylous year and to siblings of students already enrolled in the school. An enrollment preference for returning students shall exclude those students from entering into a lottery. as identified in this code. A public charter school may allow an enrollment preference for students who meet federal eligibility requirements for free or reduced-price meals and at?risk students. A public charter school may give enrollment preference to children of a public charter school?s governing board members and full-time employees, as long as they constitute no more than 10 percent of the school?s total student population. Every charter school shall submit a recruitment and retention plan annually to its authorizer. The plan shall list deliberate, specific strategies the school will use to attract. enroll. and retain a student population that includes students who are, to the extent applicable: (1) Limited English Proficient; 39 ?INTRODUCED 2019 (2) Special education; (3) Low income; (4) Below proficiency on the comprehensive statewide student assessment; (5) At risk of dropping out of school; (6) Have dropped out of school; or (7) Any others who should be targeted to eliminate achievement gaps. A non-charter public school converting partially or entirely to a public charter school shall adopt and maintain a policy giving enrollment preference to students who reside within the former attendance area of that public school. 518-56-5. Application to establish public charter school. To establish a new public charter school or to convert an existing noncharter public school to a public charter school, an applicant shall submit a charter application to an authorizer: Provided, That only a county board may authorize the conversion of an existing noncharter public school to a public charter school. Charter authorizers shall accept and document the date and time of receipt of all charter applications. The application shall contain, at a minimum, the following information: (1) A mission statement and a vision statement for the public charter school, including specialized academic focus, If any, to be promoted and advanced through the establishment of the public charter school; (2) A detailed description of the public charter school's proposed program; (3) The student achievement goals for the public charter school's program and the chosen methods of evaluating whether students have attained the skills and knowledge specified for those goals, (4) The school's plan for using data derived from student evaluations and assessments, including the statewide summative assessment, to drive instruction and promote continued school improvement; 40 INTRODUCED 2019 (5) An explanation of how the school's proposed program is likely to improve the achievement of traditionally underperforming students in the local school district; (6) The proposed governance structure of the school, including a list of members of the initial governing board, a draft of bylaws that include the description of the qualifications, terms, and methods of appointment or election of governing board members, and the organizational structure of the school that clearly presents lines of authority and reporting between the governing board, school administrators, staff, any related bodies such as advisory bodies or parent and teacher councils, and any external organizations that will plaLa role in managing the school; (7) Plans and timelines for student enrollment, including policies and procedures for conducting transparent and random admission lotteries that are open to the public, and that are consistent with this article; (8) A proposed five year budget, including the start?up year and proiections for four additional years with clearly stated assumptions; (9) Proposed fiscal and internal control policies for the public charter school; (10) Acknowledgement that the public charter school will participate in the state?s accountability system; (11) A proposed handbook that outlines the personnel policies of the public charter school, including the criteria to be used in the hiring ofgualified teachers, school administrators, and other school employees, a description of staff responsibilities, and the school's plan to evaluate personnel on an annual basis; (12) An explanation of proposed student discipline procedures, including disciplinary procedures for students with disabilities, which shall be consistent with the requirements of due process and with state and federal laws and regulations governing the placement of students with disabilities, (13) A description of the facilities to be used by the public charter school, including the location of the school and how the facility supports the implementation of the school's program. 41 INTRODUCED 2019 The school shall obtain all required occupation and operation certificates and licenses prior to the first instructional day for students; (14LThe proposed ages and grade levels to be served by the public charter school, including the planned minimum and maximum enrollment per grade per year; (15) The school calendar and school day schedule, which shall meet the requirements of ?18?5-45 of this code; (16) Types and amounts of insurance coverage to be obtained by the public charter school which: (A) Shall include adequate insurance for liability, property loss, and the personal iniury of students comparable to noncharter public schools within the local school district operated by the county board; and (B) May include coverage from the Board of Risk and Insurance Management pursuant to ?29-12?5a of this code; (17) A description of the food services to be provided to students attending the school; (18) Process and procedures to be followed in the case ofthe closure or dissolution of the public charter school, includlnq provisions for the transfer of students and student records to the appropriate local school district and an assurance and agreement to payment of net assets or equity, after payment of debts as specified in of this code; (19) A code of ethics for the school setting forth the standards of conduct expected of its governing board, officers, and employees; (20) The public charter school?s plan for successfully serving students with disabilities, students who are English language learners, bilingual students, and students who are academically behind and gifted, including, but not limited to, the school?s plan for compliance with all applicable federal and state laws and regulations; (21) A description of cocurricular and extra?curricular programs to be offered by the public charter school and how they will be funded and delivered; 42 INTRODUCED 2019 (22) The process by which the school will resolve any disputes with the authorizer; (23) A detailed start-up plan, including financing, tasks, timelines, and individuals responsible for carrying out the plan; and (24) The public charter school?s plan for parental involvement. If the applicant intends to contract with an education service provider for educational program implementation or comprehensive management, the application shall additionally require the applicant to provide the following information with respect to the educational service provider: (1) Evidence of success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable; (2) Student performance data and financial audit reports for all current and past public charter schools' (3) Documentation of and explanation for any actions taken, legal or otherwise; against any of its public charter schools for academic, financial, or ethical concerns; (4) The proposed duration of the service contract; (5) The annual proposed fees and other amounts to be paid to the education service provider; (6) The roles and responsibilities of the governing board, the school staff. and the education servrce provider; (7) The scope of services and resources to be provided by the education service provider; (8) Performance evaluation measures and timelines; (9) Methods of contract oversight and enforcement; (10) Investment disclosure; (11) Conditions for renewal and termination of the contract; and (12) Disclosure and explanation any existing or potential conflicts of interest between the governing board and the proposed education service provider or any affiliated business entities. 43 INTRODUCED 2019 Authorizer duties and responsibilities. An authorizer shall: (1) Demonstrate public accountability and transparency in all matters concerning its charter-authorizing practices, decisions. and expenditures; (2) Approve new charter applications that meet the requirements of this section and ?18? of this code. demonstrate the ability to operate the school in an educationally and flscally sound manner, and are likely to improve student achievement through the program detailed in the charter application; (3) Decline to approve charter applications that fail to meet the reqUIrements of of this code; (4) Negotiate and execute in good faith a charter contract With each public charter school it authorizes (5) Monitor the performance and compliance of public charter schools according to the terms of the charter contrac?g (6) Determine whether each charter contract it authorizes merits renewal or revocation; an_d (7) Establish and maintain policies and practices consistent with the principles and professional standards for authorizers of public charter schools, including standards relating to: (A) Organizational capacity and infrastructug; (B) Evaluating applicatiog (C) Ongoing public charter school oversight and evaluation; and (D) Charter approval, renewal, and revocation decision?making. After an applicant submits a written application to establish a public charter school, the authorizer shall: Complete a thorough review process; (2) Conduct an in-person interview with the applicant; 44 INTRODUCED 2019 (3) Provide an opportunity in a public forum for local residents to provide input and learn about the charter application; (4) Provide a detailed analysis of the application to the applicant or applicants; (5) Allow an applicant a reasonable time to provide additional materials and amendments to its application to address any identified deficiencies; and (6) Approve or deny a charter application based on established obiective criteria or request additional information. in deciding to approve a charter application. the authorizer shall: (1) Approve charter applications only to applicants that possess competence in all elements of the application requirements identified in this section and of this code; (2) Base decisions on documented evidence collected through the application review process; and (3) Follow charter?granting policies and practices that are transparent, based on merit, and avoid conflicts of interest. No later than 90 days following the filing of the charter application, the authorizer shall approve or deny the charter application The authorizer shall provide its decision in writing, including an explanation stating the reasons for approval or denial of its decision during an open meeting. Any failure to act on a charter application within the time specified shall be deemed an approval by the authorizer. An authorizer's charter application approval shall be submitted to the West Virginia Department of Education. An applicant whose charter application has been denied may appeal the authorizer?s decision to the West Virginia Public Charter School Commission pursuant to of this code: Provided, That if public charter school authorization is sought directly from the Commission, the Commission's decision is final. Notwithstanding any provision of this code to the contrary, no civil liability shall attach 45 INTRODUCED 2019 to an authorizer or to any of its members or employees for any acts or omissions of the public charter school, Neither the county board of education nor the State of West Virginia shall be liable for the debts or financial obligations of a public charter school or any person or entity that operates a public charter school. To cover authorizer costs for overseeing public charter schools in accordance with this Act, each public charter school shall remit to its respective authorizer an overSIght fee The oversight fee shall be drawn from and calculated as a uniform percentage of the per student operational funding allocated to each public charter school under $1 8-56-1 3. not to exceed one percent of each public charter school's per student funding in a single school year. The state board shall establish a statewide formula for authorizer funding, which shall apply uniformly to every authorizer in the state. The state board may establish a sliding scale for authorizing funding; with the funding percentage decreasing after the authorizer has achieved a certain threshold such as after a certain number of schools have been authorized or after a certain number of students are enrolled in the authorizer?s public charter schools. The state board shall establish a cap on the total amount of funding that an authorizer may withhold from a full?time charter school. The state board shall annually review the effectiveness of the state formula for authorizer funding and shall adiust the formula if necessary to maximize public benefit and strengthen the implementation of this act Virtual charter schools. The following applies to virtual charter schools: (1) The West Virginia Public Charter School Commission may authorize virtual charter schools. County boards may authorize virtual charter schools for students residing within the school county boundaries. A county board shall authorize no more than one virtual charter school in the county school district; (2) Statewide virtual charter schools shall enroll no more than 200 students per year. Enrollment increases shall be granted only after the virtual school has demonstrated to the West 46 INTRODUCED 2019 Virginia Public Charter School Commission?s satisfaction that the school?s performance meets or exceeds its performance targets in the school?s charter contract; (3) The charter for a virtual charter school is for a term of three years; and virtual charter school renewals are also for a term of three years. The charter school contract shall be the final authorization for the virtual charter school; (4) A statewide virtual charter school shall enroll no more that 10% of students from a small rural district (the goal here is to limit enrollment from small rural districts). (5) A virtual charter school shall not enroll a student who needs specral education services unless the student?s IEP team; or its equivalent, determines that the Virtual charter school is an appropriate placement for the student and the parent or guardian agrees to such placement; (6) The governing body of a virtual charter school shall undergo at least one training related to appropriate oversight of the virtual charter school; and (7) A new or renewal charter school application shall propose the actual and detailed costs for operating the virtual charter school and propose a funding level per student for the school that is based upon these detailed costs. Charter contract requirements; term of contract. Within 90 days of the approval of a charter application, trigoverning board and the authorizer shall negotiate and enter into a charter contract. The charter contract shall address, in detail, the following items: (1) The term of the contract: Provided, That the contract term shall be no longer than five (2) The agreements relating to each item required under and of this code'I (3) The rights and duties of the authorizer, the public charter school. and the institution of higher education; 47 2019 (4) The administrative relationship between the authorizer and the public charter school; (5) In instances where a county board or county boards are the authorizer, the allocation of state, local, and federal funds, and the schedule to disburse funds to the public charter school by the authorizer; (6) The process the authorizer will use to provide ongoing oversight; (7) The specific commitments of the authorizer relating to its obligations to oversee, monitor the progress of, and supervise the public charter schoo_l; (8) The process and criteria the authorizer will use to annually monitor and evaluate the overall academic, operating, and fiscal conditions of the public charter school, including the process the authorizer will use to oversee the correction of any deficiencies found; (9) The process for revision or amendment to the terms of the charter contract agreed to by the authorizer and the governing boa?; (10) The process agreed to by the authorizer and the governing board that identifies how disputes between the authorizer and the board Will be handled; (11) Any other terms and conditions agreed to by the authorizer and the governing board, including preopening conditions. (0) The charter contract shall include provisions relating to the performance of the public charter school that set forth the academic and operational performance indicators, measures, and metrics to be used by the authorizer to evaluate the public charter school. At a minimum, the performance provisions shall include indicators, measures, and metrics for: (1) Student academic proficiency; (2) Student academic growth; (3) Achievement gaps in both student proficiency and student growth between student subgroups, including race, sex, socioeconomic status, and areas of exceptionality; (4) Student attendance; (5) Student suspensions; 48 INTRODUCED 2019 (6) Student withdrawals; (7) Recurrent enrollment from year to year; (8) Governing board?s performance and stewardship, including compliance with all applicable statutes and terms of charter contract; and (9) Additional valid and reliable indicators requested by the public charter school. The authorizer shall be responsible for collecting and reporting to the state board all state-required assessment and achievement data for the public charter school The charter contract shall be signed by the chair of the governing board and the president of the county board, presidents of the county boards. or the preSident of the public or private institution of higher education, as applicable. A copy of the charter contract shall be provided to the State Superintendent of Schools. No public charter school may commence operations without a charter contract that meets the requirements of this section, has been properly executed, and has been approved by, as applicable, a county board, county boards, or the institutional board of governors of a public or private institution of higher education that has such a board. For any public or private institution of higher education that does not have an institutional board of governors, the charter contract instead shall be approved by the level of authority immediately above the president or other chief administrator of the institution. Renewal or nonrenewal of charter contracts; revocation of charter contracts; rulemaking; right to appeal. A charter contract may be renewed by the authorizer for a term of no more than five years. Authorizers may grant renewal with specific conditions for necessary improvements in the public charter school: Provided, That any specific condition imposed does not contradict the terms of this article. The State Board of Education shall promulgate a rule establishing the process for renewing or not renewinga charter contract. At a minimum, this rule shall include: 49 INTRODUCED 2019 (1) A timeline for a governing board to submit an application for renewal to an authorizer; (2) The information that must be included in an application for renewal; (3) If the authorizer initially determines to deny a renewal application: (A) Notification requirements to the governing board about the prospect of nonrenewal and the reasons for possible closure of the public charter school; (B) An opportunity and timeframe for the governing board to provide a response to the notice ofthe nonrenewal; (C) An opportunity for the governing board to submit documentation and provide testimony as to why the charter contract should be renewed; and (D) An opportunity for a recorded public hearing, at the request of the governing board; (4) That the authorizer shall consider the governing board's response, testimony, and documentation, as well as the recorded public hearing, prior to rendering a final decision on the nonrenewal of the charter contract; (5) The information that must be included in the authorizer?s final decision if it determines to deny a renewal application; (6) A timeline for an authorizer to render a final decision on whether or not to revoke a charter contract' (7) Approval of the authorizer's decision shall be adopted by the county board, county boards, or institutional board of governors, as applicable, during an open meeting, subiect to the following; (A) if the authorizer is a public or private institution of higher education that has no institutional board of governors, the decision shall be adopted during an open meeting of the institution?s level of authority immediately above the president or other chief administrator of the institution; and (B) If the level of authority immediately above the president or other chief administrator is an individual, the open meeting requirement of this subdivision does not apply; and 50 2019 (8) A provision that the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed an approval of the renewal application. (0) A charter contract shall not be renewed if the authorizer determines that the public chanerschoolhas: (1) Committed a material violation of any of the terms, conditions, standards, or procedures required under this article or the charter contract, and has persistently faiied to correct the violation after fair and specific notice from the authorizer; (2) Failed to meet or make significant progress toward the program performance expectations identified in the charter contract; (3) Failed to meet generally accepted standards of fiscal management, and has failed to correct the violation after fair and specific notice from the authorizer, or (4) Substantially violated any material provision of law from which the public charter school was not exempted and has failed to correct the Violation after fair and specific notice from the authorizer. The State Board of Education shall promulgate a rule establishing the process for revoking a charter contract At a minimum this rule shall include: (1) The information that must be included in the authorizer's initial decision to revoke the charter contract; (2) Notification requirements to the governing board about the authorizer?s initial decision to revoke a charter contract and the reasons for the revocation; (3) An opportunity and timeframe for the governing board to provide a response to the authorizer?s initial decision to revoke the charter contract; (4) An opportunity forthe governing board to submit documentation and provide testimony as to why the charter contract should not be revoked; (5) An opportunity for a recorded public hearing, at the request of the governing board; (6) That the authorizer shall consider the governing board?s response, testimony, and 51 INTRODUCED 2019 documentation, as well as the recorded public hearing, prior to rendering a final decision on the revocation of the charter contract; (7) The information that must be included in the authorizer?s final decision if it determines to revoke the charter contract; (8) A timeline for an authorizer to render a final decision on whether or not to revoke a charter contract" (9) Approval ofthe authorizer?s decision shall be adopted durirlg_an open meeting, subject to the following: (A) if the authorizer is a public or private institution of higher education that has no institutional board of governors, the decision shall be adopted during an open meeting of the institution's level of authority immediately above the president or other chief administrator of the institution; and (B) if the level of authority immediately above the president or other chief administrator is an individual. the open meeting requirement of this subdivision does not apply; and (10) A provision that the failure of the authorizer to act on a renewal application within the designated timeframes shall be deemed. Notwithstanding the process set forth in of this code, an authorizer shall take immediate action to revoke a charter contract if the health and safety of students attending the public charter school is threatened. A governing board whose charter contract has been revoked pursuant to this provision may appeal the authorizer's action to the West Virginia Public Charter School Commission. subiect to the following: (1) The charter contract shall remain revoked unless and until the Commission directs otherwise; and (2) If the Commission is the authorizer that revokes the charter contract. the Commission?s decision is final. A governing board whose charter contract has not been renewed or has been revoked 52 100 101 102 103 INTRODUCED 2019 may appeal the authorizer's final decision to the West Virginia Public Charter School Commission pursuant to of this code: Provided, That if the Commission is the authorizer that fails to renew or revokes a charter contract. the Commission?s decision is final. An authorizer shall develop a public charter school closure protocol or protocol for transitioning a charter school to noncharter public school status. The protocol shall ensure timely notification to parents. orderly transition of students and student records to new schools when applicable, and proper disposition of school funds, property, and assets. The protocol shall specify tasks, timelines, and responsible parties, including delineatinqthe respective duties of the public charter school and the authorizer. if a public charter school closes or transrtions to noncharter public school status for any reason the authorizer shall oversee and work with the closing or transitioning school to ensure a smooth and orderly closure or transition and transition for students and parents, as guided by the closure or school transition protocol. if a public charter school is subject to closure ortransition? following exhaustion of any appeal allowed under ofthis code, an authorizer may remove at will at any time any or all of the members of the board of directors of the public charter school in connection with ensuring a smooth and orderly closure or transition. If the authorizer removes members of the board of directors such that the board of directors can no longer function. the authorizer shall be empowered to take any further necessary and proper acts connected with closure or transition of the public charter school in the name and interest of the public charter school. West Virginia Public Charter School Commission; members; appointments; meetings. There is hereby created the West Virginia Public Charter School Commission which shall report directly to and be responsible to the state board, separate from the Department of Education, for carrying out its duties in accordance with this article. The mission of the West Virginia Public Charter School Commission is to authorize high-quality public charter schools throughout the state that provide more options for students to attain a thorough and efficient 53 INTRODUCED 2019 education, particularly through schools designed to expand the opportunities for at-risk students. The Public Charter School Commission and public charter schools authorized in accordance with this article are subject to the general supervision by the state board solely for the purposes of accountability for meeting the standards for student performance required of other public school students under section five. article two-e of this chapter. Consistent with the provisions of this article, the Public Charter School Commission has authority to authorize public charter schools in school districts that do not meet standards as determined pursuant to state board policy. Excep_t as otherwise authorized in this article, no other governmental agency or entity may assume arm charter authorizing function or duty in any form. The Public Charter School Commission shall consist of eleven voting members, as f2 o_ws_i (1) The State Superintendent of Schools, or designee; (2) The Chancellor of the Higher Education Policy Commission, or designeg (3) The Chancellor for community and technical college education, or designee; (4) Two members appointed by the Governor, with the advice and consent of the Senate for staggered terms of four yearg (5) Three appointed by the President of the Senate with one appointee recommendedby members of the Senate minority party; (6) Three appointed by the Speaker of the House of Delegates with one appointee recommended by members ofthe House of Delegates minority party; Each appointed member shall be a citizen of the state. shall represent the public interest and shall understand and be committed to achieving the goals and obiectives set forth in this article. Members appointed to the Public Charter School Commission collectively must possess strong experience and expertise in public and nonprofit governance, management and finance, public school leadership. assessment, curriculum and instruction, and public education law. Each member appointed to the Public Charter School Commission must have demonstrated 54 INTRODUCED 2019 an understanding of and commitment to charter schooling as a strategy for strengthening public education. Members appointed to the Public Charter School Commission collectively shall represent diverse geographical areas of the state. The Governor may not appoint anyJoerson to be a member of the Public Charter School Oversight and Authorizer Board who is the holder of any other public office or public employment under the government of this state or any of its political subdivisions, or who is an appointee or employee of any charter school governing board or an immediate family member of any employee under the iurisdiction of the Public Charter School Commission or any charter school governing board. An individual may not serve on the authorizer board who is engaged in, or employed by a person or company whose primary function involves, the sale of services and activities to public charter schools or charter school governing boards. Not more than three of the six appointed members may be members of the same political pa_rty_. To establish staggered terms of office for the members appointed to the Public Charter School Commission, of the initial members, one shall serve a term of two years, one shall serve a term of three years, one shall serve a term of four years and two shall serve a term of five years. The initial appointments must be made before February 1, 2020. The Public Charter School Commission shall meet as soon as practical after February 1, 2020, upon the call ofthe Governor, and shall organize for busrness by selecting a chairman and adopting bylaws. Subsequent meetings shall be called by the chairman. A member of the Public Charter School Commission may be removed from office by the Governor for official misconduct, incompetence, neglect of duty or gross immorality. A member may also be removed ifthe member?s personal incapacity renders the member incapable or unfit to discharge the duties of the office or if the member is absent from a number of meetings of the board as determined and specified by the board in its bylaws. Whenever an appointed member vacancy on the Public Charter School Commission exists, the Governor shall appoint a member for the remaining portion of the term. 55 INTRODUCED 2019 Except in the case of gross negligence or reckless disregard of the safety and well- being of another person, the Public Charter School Commission and members of the board in their official capacity are immune from civil liability with respect to all activities related to a public charter school approved by the board. The official actions of the members of the board who are serving in an ex officio capacity by virtue of their designation or employment in another position are board member actions only. and may not be construed as official actions or posutions of such member?s employing entity. (Q) The Public Charter School Commission may appoint an executive director and may employ such additional staff as may be necessary. The executive director shall serve at the will and pleasure of the board. The executive director must have demonstrated an understanding of and commitment to charter schooling as a strategy for strengthening public education and must possess an understanding of state and federal education law. The Public Charter School Commission shall meet at least quarterly. From funds appropriated or othenrvise made available for suchpurpose. its members shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties upon submission of an itemized statement in a manner consistent with guidelines of the travel management office of the Department of Administration. Appeal of authorizer?s decision to West Virginia Public Charter School Commission. A charter applicant or governing board of an existing public charter school may appeal a decision of an authorizer concerning the denial of a charter application, the nonrenewal of a charter contract, or the revocation of a charter contract to the Public Charter School Commission within thirty days of the authorizer?s decision: Provided, That if the Commission is the authorizer that denies the charter application, fails to renew a charter contract, or revokes a charter contract, the Commission?s decision is final. The State Board of Education shall promulgate a rule establishing the process and 56 ?lO ?12 10 11 INTRODUCED 2019 timeline for appeals filed pursuant to of this code. If the West Virginia Public Charter School Commission finds that the application, applicant, and public charter school, as applicable, meet the requirements of this Act, the Commission shall remand the decision to the authorizer with written instructions to approve the application, or renew or reinstate the charter contract. ?18-56-12. Prohibitions. Notwithstanding any provision in this article that may be interpreted to the contrary, a public charter school shall not: (1) Be home-school based; and (2) Discriminate on any basis for which the noncharter public schools of this state may not discriminate: Provided, That nothing in this subsection may be construed to limit the formation of a public charter school that is dedicated to focusing education services on at-risk students, students with disabilities, and students who pose such severe disciplinary problems that they warrant a specific education program. Funding for charter school enrollment. The state board shall promulgate a rule in accordance with et seq. setting forth requirements for public charter school funding. The rule shall include a requirement that 90% of the per pupil total basrc foundation allowance follow the student to the public charter school, subject to the followmg' (1) NotWIthstanding et seq. of this code, the rule may provide for modifications to the calculations outlined in regarding the allowance for student transportation and in regarding the allowance for current expense for the purpose of providing additional state aid funding to county boards of education related to the operation of public charter schools; (2) The rule shall designate which county school district is required to pay for a student attending a public charter school; and (3) The rule shall require the Department of Education to follow federal requirements in 57 12 10 1O 11 12 13 INTRODUCED 2019 ensuring that federal funding follows the student to a public charter school. Access to public facilities. A public charter school may request usage of public facilities from a local county board where the charter school is located. A local county board or other public entity shall make facilities available to the charter school that are either not used in whole or in part for classroom instruction at the time the charter school seeks to use or lease the public facility. If a charter school seeks to lease the whole or part of a public facility, the cost of the lease must be at or under current market value. During the term of the lease, the charter school is solely for the direct expenses related to the public facility lease. including utilities, insurance, maintenance, repairs and remodeling. The county school board is resoonsible for any debt incurred for or liens that are attached to the school building before the charter school leases the public facility. Reports. An authorizer that has authorized a public charter school that is currently in operation shall submit to the state superintendent for presentation to the state board and the West Virginia Public Charter School Commission an annual report within 60 days of the end of each school fiscal year summarizing (1) The performance of the public charter schools overseen by the authorizer, according to the performance measures and expectations specified in the charter contracts; (2) The authorizing duties and functions provided by the authorizer during the previous academic year One year after public charter schools have been in operation, and each year thereafter, the State Superintendent shall issue to the Governor. the Legislature and the general public a report on the state's public charter school program, drawing from the annual reports submitted by authorizers pursuant to this section. as well as any additional relevant data compiled by the State Superintendent up to the school year ending in the preceding calendar year. The report must 58 INTRODUCED 2019 include an assessment of the public charter school program?s successes, challenges and areas for improvement in meeting the purposes of this chapter and any suggested changes in state law or policy necessary to strengthen the public charter school program. ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM. Definitions. As used in this article, unless the context clearly requires a different meaning (1) ?Accumulated contributions? means all deposits and all deductions from the gross salary of a contributor plus regular interest. (2) ?Accumulated net benefit? means the aggregate amount of all benefits paid to or on behalf of a retired member. (3) ?Actuarially equivalent" or ?of equal actuarial value? means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, ?actuarially equivalent? shall be computed using the mortality tables and interest rates required to comply with those requirements. (4) ?Annuities" means the annual retirement payments for life granted beneficiaries in accordance with this article. (5) ?Average final salary" means the average of the five highest fiscal year salaries earned as a member within the last fifteen fiscal years of total service credit, including military service as provided in this article, or if total service is less than 15 years, the average annual salary for the period on which contributions were made: Provided, That salaries for determining benefits during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with of this code and Section 401(a)(17) of the Internal Revenue Code. (6) ?Beneficiary" means the recipient of annuity payments made under the retirement 59 INTRODUCED 2019 system. (7) ?Contributor? means a member of the retirement system who has an account in the teachers accumulation fund. (8) ?Deposit" means a voluntary payment to his or her account by a member. (9) ?Employer" means the agency of and within the state which has employed or employs a member. (10) ?Employer error" means an omission, misrepresentation or violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Regulations or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. A deliberate act contrary to the provisions of this section by a participating public employer does not constitute employer error. (11) ?Employment term? means employment for at least 10 months, a month being defined as twenty employment days. (12) ?Gross salary? means the fixed annual or periodic cash wages paid by a participating public employer to a member for performing duties for the participating public employer for which the member was hired Gross salary shall be allocated and reported in the fiscal year in which the work was done. Gross salary also includes retroactive payments made to a member to correct a clerical error, or made pursuant to a court order or final order of an administrative agency charged with enforcmg federal or state law pertaining to the member's rights to employment or wages, with all retroactive salary payments to be allocated to and considered paid in the periods in which the work was or would have been done. Gross salary does not include lump sum payments for bonuses, early retirement incentives, severance pay or any other fringe benefit of any kind including, but not limited to, transportation allowances, automobiles or automobile allowances, or lump sum payments for unused, accrued leave of any type or character. (13) ?Internal Revenue Code? means the Internal Revenue Code of 1986, as it has been 60 INTRODUCED 2019 amended. (14) "Member" means any person who has accumulated contributions standing to his or her credit in the state Teachers Retirement System. A member shall remain a member until the benefits to which he or she is entitled under this article are paid or forfeited, or until cessation of membership pursuant to of this code. (15) "Members of the administrative staff of the public schools? means deans of instruction, deans of men, deans of women, and financial and administrative secretaries. (16) ?Members ofthe extension staff ofthe public schools? means every agricultural agent, boys? and girls' club agent and every member of the agricultural extensron staff whose work is not primarily stenographic, clerical or secretarial. (17) ?New entrant? means a teacher who is not a present teacher. (18) "Nonteaching member? means any person, except a teacher member, who is regularly employed for full-time service by: (A) Any county board of education; (8) the State Board of Education; (C) the Higher Education Policy Commission; (D) the West Virginia Council for Community and Technical College Education; er(E) a governing board, as defined in of this code; or (F) a public charter school established pursuant to ef seq. of this code if the charter school includes in its approved charter application a determination to participate in the retirement systems under this article and et sea. of this code: Provided, That any person whose employment with the Higher Education Policy Commission, the West Virginia Council for Community and Technical College Education or a governing board commences on or after July 1. 1991, is not considered a nonteaching member. (19) ?Plan year? means the 12-month period commencing on July 1 and ending the following June 30 of any designated year. (20) "Present member" means a present teacher or nonteacher who is a member of the retirement system. (21) ?Present teacher? means any person who was a teacher within the 35 years beginning 61 INTRODUCED 2019 July 1, 1934, and whose membership in the retirement system is currently active. (22) ?Prior service" means all service as a teacher completed prior to July 1, 1941, and all service of a present member who was employed as a teacher, and did not contribute to a retirement account because he or she was legally ineligible for membership during the service. (23) ?Public schools? means all publicly supported schools, including colleges and universities in this state. (24) ?Refund beneficiary" means the estate of a deceased contributor or a person he or she has nominated as beneficiary of his or her contributions by written designation duly executed and filed with the retirement board. (25) ?Regular interest? means interest at four percent compounded annually, or a higher earnable rate if set forth in the formula established in legislative rules, series seven of the Consolidated Public Retirement Board, 162 CSR 7. (26) ?Regularly employed for full?time service? means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay. (27) ?Required beginning date? means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age 70 1/2 years; or (B) the calendar year in which the member retires or ceases covered employment under the system after having attained the age of 70 1/2 years (28) "Retirant? means any member who commences an annuity payable by the retirement system (29) ?Retirement board? means the Consolidated Public Retirement Board created pursuant to et seq. of this code. (30) ?Retirement system? means the state Teachers Retirement System established by this article. (31) ?Teacher member? means the following persons, if regularly employed for full?time 62 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 INTRODUCED 2019 service: (A) Any person employed for instructional service in the public schools of West Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county superintendents of schools; (E) any county school attendance director holding a West Virginia teacher?s certificate; (F) members of the research, extension, administrative or library staffs of the public schools; (G) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision, or any other employee under the State Superintendent performing services of an educational nature; (H) employees of the State Board of Education who are performing services of an educational nature; (I) any person employed in a nonteaching capacity by the State Board of Education, any county board of education, the State Department of Education or the State Teachers Retirement Board, if that person was formerly employed as a teacher in the public schools; (J) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections, the Division of Health or the Division of Human Services; (K) an employee ofthe State Board of School Finance, if that person was formerly employed as a teacher in the public schools; and (L) any person designated as a 21st Century Learner Fellow pursuant to et seq. of this code who elects to remain a member of the State Teachers Retirement System provided in this article; and (M) any person employed by a public charter school established pursuant to et sea. of this code if the charter school includes in its approved charter application a determination to participate in the retirement systems under this article and et sea. of this code. (32) ?Total service" means all service as a teacher or nonteacher while a member of the retirement system since last becoming a member and, in addition thereto, credit for prior service, if any. Age in excess of 70 years shall be considered to be 70 years. ARTICLE YB. DEFINED CONTRIBUTION RETIREMENT SYSTEM. Definitions. As used in this article, unless the context clearly requires a different meaning: 63 INTRODUCED 2019 (1) ?Annual addition? means, for purposes of the limitations under Section 415(c) of the Internal Revenue Code, the sum credited to a member?s account for any limitation year of: (A) Employer contributions; (B) employee contributions; and (C) forfeitures. Repayment of cashouts or contributions as described in Section 415(k)(3) of the Internal Revenue Code, rollover contributions and picked?up employee contributions to a defined benefit plan shall not be treated as annual additions, consistent with the requirements of Treasury Regulation (2) ?Annuity account? or ?annuity" means an account established for each member to record the deposit of member contributions and employer contributions and interest, dividends or other accumulations credited on behalf of the member; (3) ?Compensation" means the full compensation actually received by members for service whether or not a part of the compensation is received from other funds, federal or otherwise, than those provided by the state or its subdivisions Provided, That annual compensation for determining contributions during any determination period may not exceed the maximum compensation allowed as adjusted for cost of living in accordance with ofthis code and Section 401 ofthe Internal Revenue Code: Provided, however, That solely for purposes of applying the limitations of Section 415 of the Internal Revenue Code to any annual addition, "compensation? has the meaning given it in of this code; (4) ?Consolidated board" or ?board? means the Consolidated Public Retirement Board created and established pursuant to et seq. of this code; (5) ?Defined contribution system" or "system? means the Teachers? Defined Contribution Retirement System created and established by this article; (6) "Employer? means the agency of and within the State of West Virginia which has employed or employs a member; (7) "Employer contribution? means an amount deposited into the member?s individual annuity account on a periodic basis coinciding with the employee?s regular pay period by an employer from its own funds; 64 INTRODUCED 2019 (8) ?Employment term? means employment for at least 10 months in any plan year with a month being defined as 20 employment days; (9) ?Existing employer" means any employer who employed or employs a member of the system; (10) ?Existing retirement system" means the State Teachers Retirement System established in et seq. of this code; (11) ?Internal Revenue Code? means the Internal Revenue Code of 1986, as it has been amended; (12) ?Member" or ?employee" means the following persons, if regularly employed for full- time service: (A) Any person employed for instructional service in the public schools of West Virginia; (B) principals; (C) public school librarians; (D) superintendents of schools and assistant county superintendents of schools; (E) any county school attendance director holding a West Virginia teacher's certificate; (F) members of the research, extension, administrative or library staffs of the public schools; (G) the State Superintendent of Schools, heads and assistant heads of the divisions under his or her supervision or any other employee under the state superintendent performing services of an educational nature; (H) employees of the State Board of Education who are performing services of an educational nature; (I) any person employed in a nonteaching capacity by the State Board of Education, any county board of education orthe State Department of Education, If that person was formerly employed as a teacher in the public schools; (J) all classroom teachers, principals and educational administrators in schools under the supervision of the Division of Corrections and the Department of Health and Human Resources; (K) any person who IS regularly employed for full-time service by any county board of education or the State Board of Education; (L) the administrative staff of the public schools including deans of instruction, deans of men and cleans of women, and financial and administrative secretaries; and (M) any person designated as a 213t Century Learner Fellow pursuant to 3-11 of this code who elects to remain a member of the Teachers? Defined Contribution 65 INTRODUCED 2019 Retirement System established by this article; and (N) any person employed by a public charter school established pursuant to et seq. of this code if the charter school includes in its approved charter application a determination to participate in the retirement systems under this article and et sea. of this code; (13) "Member contribution? means an amount reduced from the employee?s regular pay periods, and deposited into the member's individual annuity account within the Teachers' Defined Contribution Retirement System; (14) ?Permanent, total disability? means a mental or physical incapacity requiring absence from employment service for at least six months: Provided, That the incapacity is shown by an examination by a physician or physicians selected by the board: Prowded, however, That for employees hired on or after July 1, 2005, ?permanent, total disability" means an inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, or has lasted or can be expected to last for a continuous period of not less than 12 months and the Incapacity is so severe that the member is likely to be permanently unable to perform the duties of the position the member occupied immediately prior to his or her disabling injury or illness; (15) ?Plan year? means the 12?month period commencing on July 1 of any designated year and ending on the followmg June 30; (16) ?Public schools? means all publicly supported schools, including normal schools, colleges and universities in this state; (17) "Regularly employed for full?time service? means employment in a regular position or job throughout the employment term regardless of the number of hours worked or the method of pay; (18) ?Required beginning date? means April 1 of the calendar year following the later of: (A) The calendar year in which the member attains age 70 72 years; or (B) the calendar year in which the member retires or otherwise ceases employment with a participating employer after 66 INTRODUCED 2019 having attained the age of 70 1/2 years; (19) ?Retirement" means a member?s withdrawal from the active employment of a participating employer and completion of all conditions precedent to retirement; (20) ?Year of employment service? means employment for at least 10 months, with a month being defined as 20 employment days: Provided, That no more than one year of service may be accumulated in any 12?month period. ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE. ?18?8-4. Duties of attendance director and assistant directors; complaints, warrants and hea?ngs. The county attendance director and the assistants shall diligently promote regular school attendance. The director and assistants shall: (1) Ascertain reasons for unexcused absences from school of students of compulsory school age and students who remain enrolled beyond the compulsory school age as defined under section one-a of this article; (2) Take such steps as are, in their discretion, best calculated to encourage the attendance of students and to impart upon the parents and guardians the importance of attendance and the seriousness of failing to do so; and (3) For the purposes of this article, the following definitions shall apply: (A) "Excused absence" shall be defined to include: Personal illness or injury of the student or in the family; (ii) Medical or dental appointment with written excuse from physician or dentist; Chronic medical condition or disability that impacts attendance; (iv) Participation in home or hospital instruction due to an illness or injury or other extraordinary circumstance that warrants home or hospital confinement; Calamity, such as a fire or flood; (vi) Death in the family; 67 INTRODUCED 2019 (vii) School?approved or county-approved curricular or extra-curricular activities; Judicial obligation or court appearance involving the student; (ix) Military requirement for students enlisted or enlisting in the military; Personal or academic circumstances approved by the principal; and (xi) Such other situations as may be further determined by the county board: Provided, That absences of students with disabilities shall be in accordance with the Individuals with Disabilities Education Improvement Act of 2004 and the federal and state regulations adopted in compliance therewith. (B) "Unexcused absence" shall be any absence not specifically included in the definition of "excused absence". In the case of three total unexcused absences of a student during a school year, the attendance director or assistant or principal shall representativewill?beregaired? make meaningful contact with the parent, guardian, or custodian of the student to ascertain the reasons for the unexcused absences and what measures the school may employ to assist the student in attending and not incurring any additional unexcused absences. In the case of five total unexcused absences, the attendance director or assistant shall such?meeting: again make meaningful contact with the parent, guardian, or custodian of the student to ascertain the reasons for the unexcused absences and what measures the school may 68 INTRODUCED 2019 employ to assist the student in attending school and not incurring any additional unexcused absences. In the case of ten total unexcused absences of a student during a school year, the attendance director or assistant shall make complaint against the parent, guardian or custodian before a magistrate of the county. if it appears from the complaint that there is probable cause to believe that an offense has been committed and that the accused has committed it, a summons or a warrant for the arrest ofthe accused shall issue to any officer authorized by law to serve the summons or to arrest persons charged with offenses against the state. More than one parent, guardian or custodian may be charged in a complaint. Initial service of a summons or warrant issued pursuant to the provisions of this section shall be attempted within ten calendar days of receipt of the summons or warrant and subsequent attempts at service shall continue until the summons or warrant is executed or until the end of the school term during which the complaint is made, whichever is later. The magistrate court clerk, or the clerk of the circuit court performing the duties of the magistrate court as authorized in section eight, article one, chapter ?fty of this code, shall assign the case to a magistrate within ten days of execution of the summons or warrant. The hearing shall be held within twenty days ofthe assignment to the magistrate, subject to lawful continuance. The magistrate shall provide to the accused at least ten days' advance notice of the date, time and place of the hearing. When any doubt exists as to the age of a student absent from school, the attendance director and assistants have authority to require a properly attested birth certificate or an affidavit from the parent, guardian or custodian of the student, stating age of the student. In the performance of his or her duties, the county attendance director and assistants have authority to take without warrant any student absent from school in violation of the provisions of this article and to place the student in the school in which he or she is or should be enrolled. 69 INTRODUCED 2019 The county attendance director and assistants shall devote such time as is required by section three of this article to the duties of attendance director in accordance with this section during the instructional term and at such other times as the duties of an attendance director are required. All attendance directors and assistants hired for more than two hundred days may be assigned other duties determined by the superintendent during the period in excess of two hundred days. The county attendance director is responsible under direction of the county superintendent for efficiently administering school attendance in the county. In addition to those duties directly relating to the administration of attendance, the county attendance director and assistant directors also shall perform the following duties: (1) Assist in directing the taking of the school census to see that it is taken at the time and in the manner provided by law; (2) Confer with principals and teachers on the comparison of school census and enrollment for the detection of possible nonenrollees; (3) Cooperate with existing state and federal agencies charged with enforcing child labor laws; (4) Prepare a report for submission by the county superintendent to the State Superintendent of Schools on school attendance, at such times and in such detail as may be required. The state board shall promulgate a legislative rule pursuant to article three-b, chapter twenty?nine-a of this code that sets forth student absences that are excluded for accountability purposes. The absences that are excluded by the rule include, but are not limited to, excused student absences, students not in attendance due to disciplinary measures and absent students for whom the attendance director has pursued judicial remedies to compel attendance to the extent of his or her authority. The attendance director shall file with the county superintendent and county board at the close of each month a report showing activities of the school attendance office and the status of attendance in the county at the time; 70 INTRODUCED 2019 (5) Promote attendance in the county by compiling data for schools and by furnishing suggestions and recommendations for publication through school bulletins and the press, or in such manner as the county superintendent may direct; (6) Participate in school teachers? conferences with parents and students; (7) Assist in such other ways as the county superintendent may direct for improving school a?endance; (8) Make home visits of students who have excessive unexcused absences, as provided above, or if requested by the chief administrator, principal or assistant principal; and (9) Serve as the liaison for homeless children and youth. ARTICLE 9A. PUBLIC SCHOOL SUPPORT. Definitions. For the purpose of this article: "State board? means the West Virginia Board of Education. "County board" or ?board" means a county board of education. (0) "Professional salaries" means the state legally mandated salaries of the professional educators as provided in article four, chapter eighteen?a of this code. ?Professional educator" shall be synonymous with and shall have the same meaning as "teacher" as defined in section one, article one of this chapter, and includes technology integration specialists "Professional instructional personnel" means a professional educator whose regular duty is as that of a classroom teacher, librarian, attendance director or school 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 duties. 71 INTRODUCED 2019 "Professional student support personnel" means a "teacher" as defined in section one, article one of this chapter 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 For all purposes except for the determination of the allowance for professional educators pursuant to section four of this article, professional student support personnel are professional educators. "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. "Service personnel" means all personnel as provided in section eight, article four, chapter eighteen-a 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 two hundred: Provided, That the computation for any service person employed for three and one-half hours or less per day as provided in section eight?a, article four, chapter eighteen-a of this code shall be calculated as one half an employment day. ?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 72 2019 (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 . For any county whose net enrollment as determined under all other provnsions of this definition is less than one thousand four hundred, the net enrollment of the county shall be inereased?bw?amesnt?te considered to be 1,400 for the purposes of determining the countv?s basic foundation program only. During the 2019?2020 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 properlv address the needs of counties with low enrollment and sparse population dcnsitv. 73 INTRODUCED 2019 "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 of this section, of the definition of ?net enrollment", to the square miles of the county is less than five. ?Low-density county" means a county whose ratio of net enrollment. excluding any increase in the net enrollment of counties, pursuant to subdivisron (5), subsection of this section, ofthe definition of "net enrollment?, to the square miles of the county is equal to or greater than five but less than ten. "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 of this section, of the definition of "net enrollment", to the square miles ofthe county is equal to or greater than ten but less than twenty. "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 of this section, ofthe definition of "net enrollment", to the square miles ofthe county is equal to or greater than twenty. "Levies for general current expense purposes" means ninety percent of the levy rate for county boards of education as determined pursuant to section six-f, article eight, chapter eleven of this code. (0) ?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. 74 INTRODUCED 2019 "State aid eligible personnel" means all professional educators and service personnel employed by a county board in positions that are eligible to be funded underthis 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. Foundation allowance for professional student support services. The basic foundation allowance to the county for professional student support personnel shall be the amount of money determined in accordance with the following: (1) The sum of the state minimum salaries, as determined in accordance with the provisions of ?18?4?1 et seq of this code, for all state aid eligible school nurse and counselor positions in the county during the 2008 fiscal year which number shall be reduced in the same proportion as the number of professional educators allowed to be funded under of this code to the total number of professional educators employed that are state aid eligible. In performing this calculation, the numerator shall be the number of professional educators actually funded under section four of this article and the denominator shall be the total number of professional educators employed that are eligible to be funded under of this code; (2) The amount derived from the calculation in of this code is increased by one half percent; (3) The amount derived from the calculation in of this code is the basic foundation allowance to the county for professional student support personnel for the 2009 fiscal year; (4) For fiscal years 2010, 2011, 2012 and 213, the basic foundation allowance to the county for professional student support personnel increases by one-half percent per year over the allowance for the previous year; and (5) For all fiscal years thereafter, the basic foundation allowance to the county for professional student support personnel remains the same amount as in the 2013 fiscal year. plus any additional amount of funding necessary to cover the increases in the State Minimum Salary 75 INTRODUCED 2019 Schedule set forth in of this code effective forthe fiscal year beginning July 1, 2018 and thereafter. The additional positions for counselors that may be created as a result of the one percent increase provided pursuant to this section shall be assigned to schools where the counselor can: (1) Enhance student achievement; (2) Provide early intervention for students in grades prekindergarten through five; and (3) Enhance student development and career readiness. Effective for the 2019-20 fiscal year and thereafter, the foundation allowance to the county for professional student support personnel is the amount of money required to pay the state minimum salaries, in accordance with provisions of et seq of this code, subiect to the following: (1) In making this computation each county shall receive an allowance forfour and seventy hundredths state aid eligible professional student support personnel positions to each one thousand students in net enrollment: (2) For any professronal student support personnel positions? or fraction therec?l determined for a county pursuant to of this code that exceed the number employed. the county?s allowance for these positions shall be determined using the average state funded salary of professional student support personnel for the county; (3) The number of and the allowance for personnel paid in part by state and county funds shall be prorated; and (4) Where two or more counties ioin together in support of a vocational or comprehensive high school or any other program or service. the professional student support personnel for the school or program may be prorated among the participating counties on the basis of each one's enrollment therein and the personnel shall be considered within the above-stated limit. 76 INTRODUCED 2019 (5) For the 2019-20 fiscal year only, the number of positions funded for each county_by subsection (1) cannot be less than the number of positions that would have been funded in accordance with the previous methodology for determining the number of professional student support personnel positions funded for each county. Foundation allowance for other current expense and substitute employees and faculty senates. The total allowance for other current expense and substitute employees 18 the sum of the following: (1) For current expense: (A) The non?salary related expenditures for operations and maintenance, exclusive of expenditures reported in special revenue funds, for the latest available school year, in each county. divided by the total square footage of school buildings in each county is used to calculate a state average expenditure per square foot for operations and maintenance; (B) The total square footage of school buildings in each county divided by each county?s net enrollment for school aid purposes is used to calculate a state average square footage per student; (C) Each county?s net enrollment for school aid purposes multiplied by the state average expenditure per square foot for operations and maintenance as calculated in paragraph (A) of this subdivision and multiplied by the state average square footage per student as calculated in paragraph (8) of this subdivision is that county?s state average costs per square footage per student for operations and maintenance; (D) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the allowance for current expense may be prorated among the participating counties by adjusting the net enrollment for school aid purposes utilized in the calculation by the number of students enrolled therein for each county; and (E) Each county?s allowance for current expense is $972534} 71.25% of the county?s state 77 2INTRODUCED 2019 average costs per square footage per student for operations and maintenance amount as calculated in paragraph (0) of this subdivision; plus (2) For professional educator substitutes or current expense, two and five-tenths percent of the computed state allocation for professional educators and professional student support personnel as determined in sections four and eight of this article. Distribution to the counties is made proportional to the number of professional educators and professional student support personnel authorized for the county in compliance with sections four and eight of this article; plus (3) For service personnel substitutes or current expense, two and five-tenths percent of the computed state allocation for service personnel as determined in section five of this article. Distribution to the counties is made proportional to the number of serwce personnel authorized for the county in compliance with section five of this article; plus (4) For academic materials, supplies and equipment for use in instructional programs, $200 multiplied by the number of professional instructional personnel and professional student support personnel employed in the schools of the county. Distribution is made to each county for allocation to the faculty senate of each school in the county on the basis of $200 per professional instructional personnel employed at the school. ?Faculty Senate? means a faculty senate created pursuant to section five, article five?a of this chapter. Decisions for the expenditure of such funds are made at the school level by the faculty senate in accordance with the provisions of said section five, article five?a and may not be used to supplant the current expense expenditures of the county Beginning on September 1, 1994, and every September thereafter, county boards shall forward to each school for the use by faculty senates the appropriation specified in this section. Each school shall be responsible for keeping accurate records of expenditures. County basic foundation; total basic state aid allowance. The basic foundation program for each county for the fiscal year shall be the sum of the amounts computed in accordance with the provisions of sections four, five, six, seven, eight, nine and ten of this article. On the first working day of July in each year, the State Board shall 78 INTRODUCED 2019 determine the basic foundation program for each county for that fiscal year. Data used in the computations relating to net and adjusted enrollment, and the number of professional educators, shall be for the second month of the prior school term. Transportation expenditures used in these computations shall be for the most recent year in which data are available. The allocated state aid share of the county's basic foundation program shall be the difference between the cost of its basic foundation program and the county's local share as determined in section eleven of this article except as provided in subsection of this section: Provided, that for all years after 2016;, in calculating the allocated state aid share of the county's basic foundation program, when subtracting the amount of the county?s local share, if the county's local share as determined in section eleven of ms article is greater than the county?s local share was determined to be for fiscal vear 2015?20?; then the allocated state aid share of the county?s basic foundation program shall be the difference between the cost of its basic foundation program and the county's 2015?2016 determined local share. The allocated state aid share shall be adjusted In the following circumstances in the following manner: Provided, That prior to such adjustment, the State Tax Commissioner shall provide the State Board, by January 15 of each year, a certified listing of those counties in which such adjustment shall be made pursuant to this subsection, together with the amount of revenue which will not be available to each county board in the ensuing fiscal year as a result of the circumstance: (1) In those Instances where the local share as computed under section eleven of this article is not reflective of local funds available because the county is under a final court order, or a final decision of a board of assessment appeals under section twenty-tomb, article three, chapter eleven of this code, to refund or credit property taxes paid in prior years, the allocated state aid share shall be the county?s basic foundation program, minus the local share as computed under section eleven of this article, plus the amount of property tax the county is unable to collect or must refund due to the final court order or final decision of a board of assessment appeals: Provided, That said adjustment shall not be made or shall only be made proportionately when the 79 INTRODUCED 2019 Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided, however, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature. (2) In those instances where the local share as computed under section eleven of this article is not reflective of local funds available because the county is collecting tax based upon an assessed value which is less than that determined by the Tax Commissioner in the most recent published survey of property valuations in the state due to an error in the published survey, which error is certified to by the Tax Commissioner, the allocated state aid Share shall be the county's basic foundation program, minus the local share as computed under section eleven of this article, plus the amount of property tax the county is unable to collect based on differences in the assessed valuation between those in the most recent published survey of valuation and the corrected assessed value actually levied upon by the county: Provided, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided, however, That nothing herein provided shall be construed to require or mandate any level of funding by the Legislature. (3) in instances where a county is unable to collect property taxes from a taxpayer during the pendency of any court proceeding, the allocated state aid share shall be the county's basic foundation program minus the local share as computed under section eleven of this article, plus the amount the county is unable to collect as a result of the pending court proceedings as certified by the Tax Commissioner: Provided, That the county is required to reimburse the amount of allocated state aid share attributable to the amount of property tax it later receives upon completion of court proceedings, which shall be paid into the General Revenue Fund of the state: Provided, however, That said adjustment shall not be made or shall only be made proportionately when the Legislature fails to fund or funds only in part the public school basic foundation support plan state share at a level sufficient to cover the reduction in state share: Provided further, That 80 98 99 100 101 102 103 104 105 105 107 108 109 110 111 112 113 114 115 116 117 INTRODUCED 2019 nothing herein provided shall be construed to require or mandate any level of funding by the Legislature. The allocated state aid share shall be adjusted in any county receiving payments or contributions in lieu of property taxes. In instances where a county receives payments or contributions in lieu of property taxes, the allocated state aid share shall be the county?s basic foundation program minus the local share as computed under section eleven of this article, plus any amounts added pursuant to subsection of this section minus the payments or contributions in lieu of property taxes which are distributed by the sheriff to the county board of education. In determining the amount of such contribution or payment in lieu of taxes. each county commission shall provide to the State Tax Commissioner, by January 1 of each year. the total amount of such payments or contributions paid to the county and the proportion ofthe total amount that has been or will be distributed to the county board of education. The State Tax Commissioner then shall provide the State Board, by January 15 of each year, a certified listing of those counties in which an adjustment pursuant to this section shall be made, together with the amount of revenue which will be available to each county board in the ensuing fiscal year as a result of contribution or payment in lieu of taxes. Total basic state aid to the county shall be the computed state share of basic foundation support. After such computation is completed, the State Board shall immediately certify to each county board the amount of state aid allocated to the county for that fiscal year, subject to any qualifying provisions of this article. ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN. ?18-20-5. Powers and duties of State Superintendent. The State Superintendent of Schools shall organize, promote, administer and be responsible for: (1) Stimulating and assisting county boards ef?eelueatiee in establishing, organizing and maintaining special schools, classes, regular class programs, home?teaching and visiting-teacher 81 INTRODUCED 2019 services for exceptional children. (2) Cooperating with all other public and private agencies engaged in relieving, caring for, curing, educating and rehabilitating exceptional children, and in helping coordinate the services of such agencies. (3) (A) Preparing the necessary rules, policies, fermulaformulas for distribution of available appropriated funds, reporting forms and procedures necessary to define minimum standards in providing suitable facilities for education of exceptional children and ensuring the employment, certification and approval of qualified teachers and therapists subject to approval by the State Board of Education: Provided, That no state rule, policy or standard under this article or any county board rule, policy or standard governing special education may exceed the requirements of federal law or regulation. separate appropriation shall be made to the department of education to be dissipated disbursed to county boards and public charter schools authorized pursuant to et sea. of this code to capped?ammo assist them with serving exceptional guidinwith high cost/high acuity needs that exceed the capacity of county to provide with funds available. Each county board and public charter school shall apply to the state receive this funding in a manner set forth by the state superintendent that assesses and takes into account varying acuity levels of the exceptional students. Any remaining funds at the end of a fiscal year from the appropriation shall be carried over to the next fiscal year. When possible, federal funds shall be distribated Mg to county boards and public charter schools for this purpose before any of the state appropriation is distributed disbursed. The state board shall promulgate a rule in accordance with the provisions of et seq. of this code that implements the provisions of this subdivision relating to distributing the funds to the county boards and public charter schools. The rule at least shall include a definition for ?children with high acuity needs". (4) Receiving from county boardsef?edaeatienand public charter schools,their 82 INTRODUCED 2019 applications, annual reports and claims for reimbursement from such moneys as are appropriated by the Legislature, auditing such claims and preparing vouchers to reimburse said counties the amounts reimbursable to them. (5) Assuring that all exceptional children in the state, including children in mental health facilities, residential institutions, private schools and correctional facilities as provided in ?18-2? 13f of this code receive an education in accordance with state and federal laws: Provided. That the State Superintendent shall also assure that adults in correctional facilities and regional jails receive an education to the extent funds are provided therefor. (6) Performing other duties and assuming other responsrbilities in connection with this program as needed. Nothing contained in this section shall be construed to prevent any county board of educatisnfrom establishing and maintaining special schools, classes, regular class programs, home-teaching or visiting-teacher serv1ces for exceptional children out of funds available from local revenue. ARTICLE 31. EDUCATION SAVINGS ACCOUNT PROGRAM. ?18-31-1. Short title. This article shall be known as the ?Education Savings Account Act? or Act." The program created by the ESA Act shall be known as the "Education Savings Account Program? or Program.? 618-31-2. Definitions. The following words have the meanings ascribed to them unless the context clearly indicates a different meaning: (1) ?Account? or means an education saving account, awarded pursuant to this 83 INTRODUCED 2019 article, to which funds are allocated by the Treasurer to the parent or parents of an ESA student in order to pay qualifying education expenses to educate the student pursuant to the requirements and conditions of this article; (2) ?Curriculum" means a complete course of study for a particular content area or grade level, including any supplemental materials required by the curriculum; (3) ?Education service provider? means a person or organization that receives payments from education savings accounts to provide educational goods and services to ESA student_s; (4) ?Eligible student? means an elementary or secondary student who has been a resident of this state for at least a year and continues to be a resident; (5) student? means a student who receives an account pursuant to this article; (6) ?Parent" means a biological parent, legal guardian. custodian, or other person with legal authority to act on behalf of an eligible student or ESA student; (7) ?Participating school? means any private school that provides education to elementary and/or secondary students and has notified the Treasurer of its intention to participate in the program and comply with the program?s requirements; (8) ?Resident school district? means the county school district in which the student resides; and (9) ?Treasurer" means the West Virginia State Treasurer's Office or an organization that the Treasurer has contracted with to carry out any or all portions of this article. $18-31-3. Basic elements of the Education Savings Account Program. The amount of funds deposited in an account pursuant to this article shall be an amount equivalent to seventy?five percent of the prior year?s statewide average net state aid allotted per pupil based on net enrollment adiusted for state aid purposes. These funds shall be derived from a line item appropriation established for the purposes of this article. In exchange for the parent?s agreement pursuant to of this code. the Department of Education shall transfer the amount determined pursuant ?18?31?3(a) of this code 84 INTRODUCED 2019 to the Treasurer for deposit into a West Virginia ESA. The State Superintendent of Schools shall. by rule, determine how the fund transfer to the Treasurer shall be accomplished. Parents of an ESA student shall agree to use the funds deposited in their student's ESA only for the following qualifying expenses to educate the ESA student: (1) Tuition andror fees at a private school; (2) Tuition and/or fees for nonpublic online learning programs; (3) Tutoring services provided by an individual or a tutoring facility; (4) Services contracted for and provided by a public district. charter; or magnet school; including without limitation. individual classes and extracurricular activities and programs; (5) Textbooks; curriculum; or other instructional materials; including without limitation. any supplemental materials or associated online instruction required by either a curriculum or an education service provider; (6) Computer hardware or other technological devices that are primarily used to help meet an ESA student?s educational needs; (7) Educational software and applications; (8) School uniforms; (9) Fees for nationally standardized assessments, advanced placement examinations, any examinations related to college or university admission, and tuition and/orfees for preparatory courses for the aforementioned exams; (10) Fees for summer education programs and specialized after-school education programs, but not after?school childcag (11) Tuition, fees, instructional materials; and examination fees at a career or technical school or education provider; (12) Educational services and therapies; including; but not limited to. occupationaL behavioral, physical. speech-language; and audiology therapies; 85 INTRODUCED 2019 (13) Tuition and fees at an institution of higher education; (14) Fees fortransportation paid to a fee-for-service transportation providerfor the student to travel to and from an education service provider; or (15) Any other educational expense approved by the Treasurer. The funds in an ESA may only be used for educational purposes in accordance with of this code. ESA funds may not be refunded, rebated, or shared with a parent or ESA student in any manner. Any refund or rebate for goods or services purchased with ESA funds shall be credited directly to the student?s ESA. Parents are allowed to make payments for the costs of educational goods and services not covered by the funds in their student?s ESA. However, personal deposits into an ESA is not permitted. Funds deposited in an ESA do not constitute taxable income to the parent or the ESA student. An ESA shall remain in force, and any unused funds shall roll over from quarter?to- quarter and from year-to-year until the parent withdraws the ESA student from the ESA Program or until the ESA student graduates from college with a bachelor?s degree, unless the ESA is closed because of a substantial misuse of funds. However, if an ESA student has not enrolled in a postsecondary institution within four years after graduating from high school. or if an ESA student turns 24 years of age) whichever occurs first, the ESA shall be closed and any unused funds revert to the Treasurer and be allocated to fund other ESAs. (1) Nothing in this article requires that an ESA student must be enrolled. full or part?time, in either a private school or nonpublic online school. ?18-31?4. Application for an education savings account. A parent may apply to the Treasurer to establish an ESA for an eligible student. The Treasurer shall accept and approve applications year-round and shall establish 86 INTRODUCED 2019 procedures for approving applications in an expeditious manner: Provided, That expenditures for education savings accounts each fiscal year shall not exceed the amount appropriated by the Legislature for that fiscal year. The Treasurer shall create a standard form that parents can submit to establish their student?s eligibility for the ESA Program and shall ensure that the application is readily available and may be submitted through various sources, including the Internet. The Treasurer shall approve an application for an ESA if: (1) The parent submits an application for an ESA in accordance With any application procedures established by the Treasurer; (2) The student on whose behalf the parent is applying is an eligible student; (3) Funds are available for the and (4) The parent signs an agreement with the Treasurer, promising: (A) To provide an education for the eligible student in at least the subiects of reading language. mathematics, science, and social studies; (B) Not to enroll the ESA student. full time. in a district school. an Innovation in Education School, the West Virginia Virtual School. or a West Virginia School for the Deaf and Blind; (C) To use the funds in the ESA only for qualifying expenses to educate the eligible student as established by the ESA Program; and (D) To comply with the rules and requirements of the ESA Program. (E) To afford the ESA student with opportunities for educational enrichment such as organized athletics. art, music, or literature; is) The signed agreement between the parent and the Treasurer shall be consistent with the compulsory school attendance exemption requirements of ?18-8-?l et sea. of this code. The Treasurer shall annually renew a student?s ESA if funds are available. Upon notice to the Treasurer, an ESA student may choose to stop receiving ESA funding and enroll full?time in a public school. 87 INTRODUCED 2019 Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds into the student?s however, the ESA shall remain open and active for the parent to make gualifying expenditures to educate the student from funds remaining in the ESA. When or if no funds remain in the student?s ESA or the student turns 24, the Treasurer may close the ESA. If an eligible student decides to return to the ESA Program, they must reapply. The Treasurer may adopt rules and policies to provide the least disrumve process for ESA students who desire to stop receiving ESA payments and enroll full-time in a public school. ?18-31-5. Responsibilities of the Treasurer. In addition to the Treasurer?s duties. obligations and authority stated in other parts of this article, the Treasurer has the following duties, obligations, and authority: (1) The Treasurer shall maintain an updated list of participating schools and shall ensure that the list is publicly available through various sources, including the Internet. (2) The Treasurer shall provide parents a written explanation of the allowable uses of ESA funds, the responsibilities of parents, the duties of the Treasurer and the role of any private financial management firms or other private organizations that the Treasurer may contract with to administer the ESA Program or any aspect of the ESA Program. (3) The Treasurer shall ensure that parents of students with a disability receive notice that participation in the ESA Program is a parental placement under 20 U.S.C. 1412 of the Individuals With Disabilities Education Act (IDEA) along with an explanation of the rights that parentally placed students possess under (IDEA) and any applicable state laws and regulations. (4) The Treasurer shall contract with private organizations to administer the ESA Program. This includes, but is not limited to, private financial management firms to manage ESAs. (5) The Treasurer may deduct an amount from education savings accounts to cover the costs of administering the ESA Program, up to a maximum of five percent annually in the first two years of the ESA Program and up to a maximum of three percent annually thereafter. 88 INTRODUCED 2019 (6) The Treasurer shall implement or contract with a private organization to implement a commercially viable, cost effective, and parent-friendly system for payment for services from ESAs to education service providers by electronic or online funds transfer and by debit card. The Treasurer shall not adopt a system that relies exclusively on requirinq parents to be reimbursed for out-of-pocket expenses, but rather shall provide maximum flexibility to parents by facilitati?g direct payments to education service providers as well as requests for preapproval of and reimbursements for qualifying expenses, including expenses pursuant to of this code. (7) The Treasurer shall also seek to implement a commerCIally viable, cost-effective and parent-friendly system for publicly rating, reviewing, and sharing information about education service providers, ideally as part of the same system that facilitates the electronic or online funds transfers so as to create a one?stop-shop for parents and ESA students. (8) If an education service provider requires partial payment of tuition or fees prior to the start of the academic year to reserve space for an ESA student admitted to the education service provider, such partial payment may be paid by the Treasurer prior to the start of the school year in which the ESA is awarded, and deducted in an equitable manner from subsequent ESA deposits to ensure adequate funds remain available throughout the school year; but if an ESA student decides not to use the education service provider. the partial reservation payment must be returned to the Treasurer by such education service provider and credited to the student's ?815; (9) The Treasurer shall continue making deposits into a student's ESA until: (A) The Treasurer determines that the ESA student is no lonqer an Eligible student; @The Treasurer determines that there was substantial misuse ofthe funds in the (C) The parent or ESA student withdraws from the ESA Program; (D) The ESA student enrolls full?time in a public school;_0[ (E) The ESA student graduates from high school. 89 INTRODUCED 2019 (10) The Treasurer shall have the authority to conduct or contract for the auditing of individual ESAs, and shall, at a minimum, conduct random audits of ESAs on an annual basis. (11) The Treasurer shall have the authority to make any parent or ESA student ineligible for the ESA Program in the event of intentional and substantial misuse of ESA funds. (A) The Treasurer shall create procedures to ensure that a fair process exists to determine whether an intentional and substantial misuse of ESA funds has occurred. (B) The Treasurer shall have the authority to refer suspected cases of intentional and substantial misuse of ESA funds to the Attorney General for investigation if evudence of fraudulent use of ESA funds is obtained. (C) A parent or ESA student may appeal the Treasurer?s decrsion to make a parent or ESA student ineligible for the ESA Program. (12) The Treasurer may bar an education service provider from accepting payments from ESAs if the Treasurer determines that the education servrce provider has: (A) intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner, or (B) Routinely failed to provide students with promised educational goods or services. (13) The Treasurer shall create procedures to ensure that a fair process exists to determine whether an education service provider may be barred from receiving payment from @011 (A) if the Treasurer bars an education service provider from receiving payments from ESAs, it shall notify parents and ESA students of its decision as quickly as possible. (B) Education service providers may appeal the Treasurer?s decision to bar them from receiving payments from ESAs. (14) The Treasurer may accept gifts and grants from any source to cover administrative costs, to inform the public about the ESA Program. or to fund additional ESAs. (15) The Treasurer may adopt rules and policies that are not inconsistent with this article 90 INTRODUCED 2019 and that are necessary for the administration of this article, including: (A) Establishing or contracting for the establishment of an online anonymous fraud reporting service; (B) Establishing an anonymous telephone hotline for fraud reporting; (C) Policies that require a surety bond for education service providers receiving more than $100,000 in ESA funds; (D) Procedures for refunding payments from education service providers back to an_d (E) Procedures for entering into reciprocal agreements with other state ESA agencies or entities, whether public or private. to recognize and allow education service providers approved in other states to receive payments from ESAs under this article (16) Any rules or policies adopted by the Treasurer should avoid excessive bureaucracy and overly prescriptive mandates and instead focus on easing parental involvement and encouraging education service providers to provrde parents and ESA students with a broad array of educational options. ?18-31-6. Parent Review Committee. There is created the Parent Review Committee to assist the Treasurer in determining whether questionable expenditures meet the requirements to be considered qualifying expenses to educate the ESA student pursuant to ?18-31-3(d) of this code, and to provide recommendations to the Treasurer about how to implement, administer, and improve the ESA Proqram. The Parent Review Committee: (A) Consists of seven members who are parents of ESA students and represent no fewer than four counties in the state; and (B) Shall be appointed by the State Treasurer and serve at the State Treasurer?s pleasure for one calendar year and may be reappointed; and (2) The State Treasurer. or the director?s designee, serves as the nonvotinq chair of the 91 ??16 INTRODUCED 2019 committee. (0) The Treasurer may request the committee to meet, in person or virtually, to determine whether an expenditure of ESA funds is or was a qualifying expense to educate an ESA student pursuant to ?18-31-3(d) of this code. The committee may deny or approve questionable expenditures by a maiority vote. The Treasurer may also request the committee to meet, in person or virtually. to review appeals of education service provider denials pursuant to ?18-3?l-7 of this code and to provide a recommendation to the Treasurer as to whether an education service provider should be allowed to receive, or continue receiving, payments from ESAs. ?18~31-7. Requirements for and rights of education service providers. To be eligible to accept payments from an ESA, an education service provider shall: (1) Submit notice to the Treasurer that they wish to participate in the ESA Program; (2) Provide parents with a receipt for all qualifying educational expense_s; (3) Agree not to refund, rebate, or share ESA funds with parents or ESA students in amy manner, except that funds may be remitted or refunded to an ESA in accordance with procedures established by the Treasu?r; (4) Certify that it will not discriminate on any basis for which the public schools of the state may not discriminate; and (5) Agree to submit any employee who will have contact with ESA students to a criminal background check This article does not limit the independence or autonomy of an education service provider or makes the actions of an education service provider the actions of the state government. (0) Education service providers shall be given maximum freedom to provide for the educational needs of ESA students without governmental control. This article does not expand the regulatory authority of the state, its officers, or any 92 17 18 10 11 12 INTRODUCED 2019 school district to impose any additional regulation Of education service providers beyond those necessary to enforce the requirements of the program. ?18-31-8. Responsibilities Of resident school districts. The resident school district shall provide an education service provider that has enrolled an ESA student with a complete copy of the student?s school records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 USC Section 1232 ?18~31-9. Legal proceedings. In any legal proceeding challenging the application of this chapter to a participating entity, the state bears the burden of establishing that the challenged action, rule or requirement is necessary and does not impose any undue burden on education serVIce providers. No liability arises on the part of the Treasurer or the state or of any county school district based on the award or use of an ESA awarded pursuant to this article. if any part Of this article is challenged in a state court as violating either the state or federal constitutions, parents of eligible and/or ESA students are permitted to intervene in the lawsuit for the purposes of defending the article's constitutionality. However, for the purposes Of Ludicial administration, a court may limit the number of parents permitted to intervene or require that all parents file a joint brief so long as they are not required to ioin any brief filed on behalf of any named state defendant CHAPTER 18A. SCHOOL PERSONNEL. ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS. State minimum salaries for teachers. It is the goal of the Legislature tO increase the state minimum salary for teachers with zero years of experience and an A. B. degree, including the equity supplement, to at least $43,000 by fiscal year 2019. For school year 2018?2019, aed?saattnuingthereafter? each teacher shall receive the amount prescribed in the State Minimum Salary Schedule 1 as set forth in this section; specific 93 10 11 INTRODUCED 2019 additional amounts prescribed in this section or article; and any county supplement in effect in a county pursuant to ?18A-4-5a of this code during the contract year: Provided, That for the school y_ear 2019-2020, and continuinq thereafter, each teacher shall receive the amount prescribed in the State Minimum Salary Schedule II as set forth in this section; specific additional amounts prescribed in this section or article; and any county supplement in effect in a county pursuant to ?18A-4-5a of this code during the contract year. STATE MINIMUM SALARY SCHEDULE I Years 4th 3rd 2nd AB. AB. MA. A MA. MA. Doc- Exp Class Class Class 15 15 30 45 torate 0 29,937 30,826 30,892 32,335 33,096 34,863 35,824 36,385 37,148 38,181 1 30,285 30,954 31,220 32,853 33,814 35,382 36,143 38,903 37,684 38,699 2 30,594 31,282 31,548 33,372 34,133 35,900 38,881 37,422 38,183 39,218 3 30,922 31,810 31,878 33,891 34 851 38,419 37,180 37,940 38,701 39,736 4 31,494 32,182 32,448 34,653 35,414 37,182 37,943 38,703 39,464 40,499 5 31,822 32,510 32,778 35,172 35,933 37,700 38,461 39,222 39,983 41,018 8 32,150 32,838 33,104 35,890 38,451 38,219 38,980 39,740 40,501 41,538 7 32,478 33,187 33,432 36,209 36,970 38,737 39,498 40,259 41,020 42,055 8 32,808 33,495 33,761 38,727 37,488 39,258 40,017 40,777 41,538 42,573 9 33,134 33,823 34,089 37,246 38,007 39,774 40,535 41,298 42,057 43,092 10 33.483 34.151 34,417 37,768 38,528 40,294 41,055 41,816 42,578 43,611 11 33 791 34,479 34,745 38,284 39,045 40,813 41,573 42,334 43,095 44,130 12 34,119 34,807 35,073 38,803 39,563 41,331 42,092 42,853 43,813 44,848 13 34,447 35,135 35,401 39,321 40,082 41,850 42,610 43,371 44,132 45,167 14 34,775 35,483 35,729 39,840 40,800 42,388 43,129 43,890 44,850 45,685 15 35,103 35,791 36,057 40,358 41,119 42,887 43,647 44,408 45,169 48,204 16 35,431 38,119 38,385 40,877 41 ,837 43,405 44,186 44,927 45,887 48,722 17 35,759 38,448 36,713 41,395 42,156 43,924 44,685 45,445 46,206 47,241 18 38,087 36,778 37,042 41,914 42,675 44,442 45,203 45,984 46,725 47,760 94 12 13 INTRODUCED 2019 19 36,415 37,104 37,370 42.432 43.193 44,961 45,722 46,482 47,243 48,278 20 36,743 37,432 37,698 42,951 43,712 45,479 46,240 47,001 47,762 48,797 21 37.072 37,760 38,026 43,469 44,230 45,998 46,759 47,519 48,280 49,315 22 37,400 38,088 38.354 43.988 44,749 46,516 47,277 48,038 48,799 49,834 23 37,728 38,416 38,682 44,507 45,267 47,035 47.796 48.556 49,317 50,352 24 38,056 38,744 39,010 45,025 45,786 47,554 48,314 49,075 49,836 50,871 25 38,384 39,072 39,338 45,544 46,304 48,072 48,833 49,594 50,354 51,389 26 38,712 39,400 39,666 46,062 46,823 48,591 49,351 50,112 50,873 51,908 27 39,040 39,728 39,994 46,581 47,341 49,109 49,870 50,631 51,391 52,426 28 39,368 40,057 40,322 47,099 47,860 49,628 50,388 51,149 51,910 52,945 29 39,696 40,385 40,651 47,618 48,378 50,146 50,907 51 ,668 52,428 53,463 30 40,024 40,713 40,979 48,136 48,897 50,665 51 ,425 52,186 52,947 53,982 31 40,353 41,041 41,307 48,655 49,416 51 ,183 51944 52,705 53,465 54,500 32 40,681 41,369 41,635 49,173 49,934 51 ,702 52,463 53,223 53,984 55,019 33 41.009 41.697 41 ,963 49,692 50,453 52 220 52,981 53,742 54,503 55,538 34 41,337 42,025 42,291 50,210 50,971 52,739 53,500 54,260 55,021 56,056 35 41,665 42,353 42,619 50,729 51,490 53,257 54,018 54,779 55,540 56,575 STATE MINIMUM SALARY SCHEDULE II Years 4_?h EFL Class Class Class i +_30 :45 torate 9 32.057 32.746 33,012 34,455 35,216 36,983 37,744 38,505 39,266 40,301 1 32,385 33,074 33,340 34,973 35,734 37,502 38,263 39,023 39,784 40,819 2 32,714 33,402 33,668 35.492 36.253 38.020 38,781 39,542 40,303 41,338 3 33,042 33,730 33,996 36.011 36.771 38,539 39,300 40,060 40,821 41,856 4 33.614 34,302 34,568 36,773 37,534 39,302 40,063 40,823 41,584 42,619 5 33,942 34,630 34,896 37,292 38.053 39.820 40,581 41,342 42,103 43,138 6 34,270 34,958 35,224 37,810 38,571 40,339 ?100 43% 34,598 35,287 35.552 38.329 39,090 40,857 41,618 42,379 43,140 44,175 8 34,926 35,615 35,881 38,847 39,608 42,137 42,897 43,658 44,693 2 35,254 35,943 36,209 39,366 40,127 41,894 42,655 43,416 44,177 45,212 10 35,583 36,271 36,537 39,886 40.646 42.414 43.175 43,936 44,696 45,731 95 INTRODUCED 2019 35.911 36.599 36.865 41.165 42.933 43.693 44.454 45.215 46.250 36.239 36.927 37.193 40.923 41.683 43.451 44.212 44.973 45.733 46.768 j_3_ 36.567 37.255 37.521 41.441 42.202 43.970 44.730 45.491 46.252 47.287 36.895 37.583 37.849 41.960 42.720 44.488 45.249 46.010 46.770 37.223 37.911 38.177 42.478 43.239 45.007 45.767 46.528 47.289 48.324 37.551 38.239 38.505 42.997 43.757 45.525 46.286 47.047 47.807 48.842 37.879 38.568 38.833 43.515 44.276 46.044 46.805 47.565 48.326 49.361 38.207 38.896 39.162 44.034 44.795 46.562 47.323 48.084 48,845 38.535 39.224 39.490 44.552 45.313 ?081 47.842 48.602 49.363 50.398 38.863 39.552 39.818 45.071 45.832 47.599 48.360 49.121 49 882 50.917 a 39.192 39.880 40.146 45.589 46.350 48.118 48.879 49.639 50.400 51.435 39.520 40.208 40.474 46.108 46.869 48.636 49.397 50.158 50.919 51.954 39.848 40.536 40.802 46.627 47.387 49.155 49.916 50.676 51.437 52.472 40.176 40.864 41.130 47.145 47.906 49.674 50.434 51.195 51.956 52.991 40.504 41.192 41.458 47.664 48.424 50.192 50.953 51.714 52.474 53.509 40.832 41.520 41.786 48.182 48.943 50.711 51.471 52.232 52.993 54.028 a 41.160 41.848 42.114 48.701 49.461 51.229 51.990 52.751 53.511 54.546 28 41.488 42.177 42.442 49.219 49.980 51.748 52.508 53.269 54.030 55.065 41.816 42.505 42.771 49.738 50.498 52.266 53.027 53.788 54.548 55.583 42.144 42.833 43.099 50.256 51.017 52.785 53.545 54.306 55.067 56.102 42.473 43.161 43 427 50 775 51.536 53.303 54.064 54.825 55.585 56.620 42.801 43.489 43.755 51.293 52.054 53.822 54.583 55.343 56.104 43.129 43.817 44 083 51.812 52.573 54.340 55.101 55.862 56.623 57.658 34 43.457 44.145 44.411 52.330 53.091 54.859 55.620 56.380 57.141 58.176 43.785 44.473 44.739 52.849 53.610 55.377 56.138 56.899 57.660 58.695 (0) Six hundred dollars shall be paid annually to each classroom teacher who has at least 20 years of teaching experience. The payments: Shall be in addition to any amounts prescribed in the applicable State Minimum Salary Schedule; (ii) shall be paid in equal installments; and shall be considered a part of the state minimum salaries for teachers. Effective July 1. 2020, each classroom teacher providing math instruction in the teacher?s certified area of study for at least 60 percent of time the teacher is providing instruction 96 INTRODUCED 2019 to students shall be considered to have three additional years of experience only for the purposes ofthe salary schedule set forth in ofthis code. id) (2) In accordance with of this code, each teacher shall be paid aneqaity the supplement amount as applicable for his or her classification of certification or classification of training and years of experience as follows, subject to the provisions of that section (1) For ?4th Class? at zero years of experience, $1,781. An additional $38 shall be paid for each year of experience up to and including 35 years of experience; (2) For ?3rd Class? at zero years of experience, $1,796. An additional $67 shall be paid for each year of experience up to and including 35 years of experience; (3) For ?2nd Class? at zero years of experience, $1,877 An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (4) For at zero years of experience, $2,360. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (5) For B. 15" at zero years of experience, $2,452. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (6) For at zero years of experience, $2,644. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (7) For A 15? at zero years of experience, $2,740. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (8) For A. 30? at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; (9) For A. 45" at zero years of experience, $2,836. An additional $69 shall be paid for each year of experience up to and including 35 years of experience; and (10) For "Doctorate? at zero years of experience, $2,927. An additional $69 shall be paid for each year of experience up to and including 35 years of experience. 97 INTRODUCED 2019 These payments: Shall be in addition to any amounts prescribed in the applicable State Minimum Salary Schedule, any specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to ?18A?4?5a of this code; (ii) shall be paid in equal installments; and shall be considered a part of the state minimum salaries for teachers. ?18A-4-2d. Mathematics teacher incentive. The Legislature recognizes that receiving quality math instruction is Vital to a student?s post-secondary success and that that there is a shortage of certified math teachers to provide such instruction. To ensure that students are receiving the appropriate level of math instruction that will enable post?secondary success. the Department of Education shall develop or approve specialized mathematics courses and make the courses available to classroom teachers. (0) A classroom teacher who completes a specialized mathematics course established or approved pursuant to this section by May 1st of the fiscal year shall be paid a one?time salary supplement of $2,000 from the Mathematics Incentive Program line item established for the Department of Education for this purpose, subiect to appropriation by the Legislature. if the appropriations to the Department of Education for this purpose are insufficient to compensate all applicable teachers, the Department of Education shall request a supplemental appropriation in an amount sufficient to compensate all such teachers. Additionally, if funds are still insufficient to compensate all applicable teachers. each applicable teacher shall receive their proportionate share ofthe funding available for the year. This salary supplement may not be counted as part of the teacher?s average final salary for the purpose of calculating retirement and no retirement contribution will be withheld from the payment. A classroom teacher who completes the mathematics enrichment course established or approved by the Department of Education after May 1st of the fiscal year shall be paid the one- time salary supplement described in subsection of this section during the subsequent fiscal 98 INTRODUCED 2019 year, subiect to appropriation by the Legislature. The salary supplement provided for in this section may only be paid to a classroom teacher providing math instruction in the teacher?s certified area of study for at least 60 percent of time the teacher is providing instruction to students. Salary equity among the counties; state salary supplement. The Legislature recognizes its constitutional responsibility to provide for a thorough and efficrent system of education. To carry out this responsibility the Legislature enacted. and continues to update, as necessary, the public school support program as set forth in l$18-9A-1, et seq. The public school support program is a non-discriminatory funding mechanism for financing the educational system in this state as it takes into account each county?s specific characteristics and ensures that all counties are provided equitable funding. The Legislature further finds that the purpose of the public school support program is not to deter counties from growing economically orfrom using county resources in a manner that 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 INTRODUCED 2019 best meets their specific educational needs and the desires of their citizens. To that end, counties must have the discretion and flexibility to use local county funds, not otherwise factored into the public school support proqram. to provide the best education possible to their students. including but not limited to, providing salary supplements to teachers. WW3 Subject to available state appropriations and the conditions set forth herein, each teacher and school service personnel shall receive an equity supplement amount as specified in sections two and eight-a, respectively, of this article in addition to the amount from the state minimum salary schedules provided in those sections. State funds for this purpose shall be paid within the West Virqinia public school support plan in accordance with et seq. of this code. The amount allocated for this supplement shall be apportioned between teachers and school service personnel in direct proportion to that amount necessary to support the professional salaries and service personnel salaries statewide under ?18? 9A-5, and of this code. Pursuant to this section, each teacher and service person shall receive from state funds the equity supplement amount indicated in sabssotion section two and subsection W, 100 115 116 117 INTRODUCED 2019 seetieneight?aeftmmele and ?18A-4?8a of this code, as applicable, reduced by any amount provided by the county as a salary supplement for teachers and school service personnel on January 1, 1984. The amount received pursuant to this section shall not be decreased as a result of any county supplement increase instituted after January 1, 1984: Provided, That any amount received pursuant to this section may be reduced proportionately based upon the amount of funds appropriated for this purpose. No county may reduce any salary supplement that was in effect on January 1, 1984, except as permitted by sections five?a and five-b of this article. ?18A-4-5a. County salary supplements for teachers. La) County boards of education in fixing the salaries of teachers shall use at least the state minimum salaries established under the provisions of this article The board may establish salary schedules which shall be in excess of the state minimums fixed by this article, such county schedules to be uniform threugheut?the?eesmty as to the classification of training, experience, responsibility and other requirements subiect to the following: (11 Counties may fix higher salaries for teachers placed in special instructional assignments, for those assigned to or employed for duties other than regular instructional duties, and for teachers of one-teacher schools; (2) Counties may provide additional compensation for any teacher assigned duties in addition to the teacher's regular instructional duties wherein such noninstructional duties are not a part of the scheduled hours of the regular school day; (3) Counties may provide additional compensation for teachers who are assigned and fully certified to teach in a subject area that the county board finds it has a critical need and shortage of fully certified teachers; (4) Counties may provide additional compensation or other financial assistance to 101 INTRODUCED 2019 teachers who teach in schools that are in remote geographical locations or have experienced high rates of turnover in experienced teachers; and L5) Counties may provide additional compensation to teachers who, in addition to regularly assigned teaching duties. are assigned as a master teacher, mentor. academic coach or other title whose duties include providing strong school-based support and supervision to assist licensure candidates in a clinical internship, beginning teachers and other teachers at the school to improve their professional practice as set forth in the county?s comprehensive system of support for teacher and leader induction and professional growth provided for in section ofthis code. in establishing sash local salary schedules authorized In subsection of this section, ne?eeunty?shall a county may not reduce local funds allocated for salaries in effect on January 1, 1990, and used in supplementing the state minimum salaries as provided for in this article, unless forced to do so by defeat of a special levy, or a loss in assessed values or events over which it has no control and for which the county board has received approval from the state board prior to making such reduction. (g1 Counties may provrde, in a uniform manner, benefits for teachers which require an appropriation from local funds including, but not limited to, dental, optical, health and income protection insurance, vacation time and retirement plans excluding the state Teachers Retirement System. Nothing herein shall prohibit the maintenance nor result in the reduction of any benefits in effect on January 1, 1984, by any county board of education. ?18A-4-7a. Employment, promotion and transfer of professional personnel; Senierity qualifications. A county board of education shall make decisions affecting the filling of vacancies in professional positions of employment on the basis ofthe applicant with the highest qualifications: Provided, That the county superintendent shall be hired under separate criteria pursuant to section two, article four, chapter eighteen of this code. 102 INTRODUCED 2019 In judging qualifications for the filling of vacancies of professional positions of employment, consideration shall be given to each of the following: (1) Appropriate certification, licensure or both; (2) Amount of experience relevant to the position or, in the case of a classroom teaching position, the amount of teaching experience in the required certification area; (3) The amount of course work, degree level or both in the relevant field and degree level generally; (4) Academic achievement; (5) In the case of a principal or classroom teaching position, certification by the National Board for Professional Teaching Standards; (6) Specialized training relevant to performing the duties of thejob; (7) Past performance evaluations conducted pursuant to section twelve, article two ofthis chapter and section two, article three-c of this chapter or, In the case of a classroom teacher, past evaluations of the applicant?s performance in the teaching profession; (8) Seniority; (9) Other measures or indicators upon which the relative qualifications of the applicant may fairly bejudged; (10) In the case of a classroom teaching position, the recommendation of the principal of the school at which the applicant will be performing a majority of his or her duties; and (11) In the case of a classroom teaching position, the recommendation, if any, resulting from the process established pursuant to the provisions of section five, article five?a, chapter eighteen ofthis code by the faculty senate of the school at which the employee will be performing a majority of his or her duties. (0) When filling of a vacancy pursuant to this section, a county board is entitled to determine the appropriate weight to apply to each of the criterion when assessing an applicant's qualifications: Provided, That if one or more permanently employed instructional personnel apply 103 INTRODUCED 2019 for a classroom teaching position and meet the standards set forth in the job posting, each criterion under subsection of this section shall be given equal weight except that the criterion in subdivisions (10) and (11) of said subsection shall each be double weighted. For a classroom teaching position, if the principal and faculty senate recommend the same applicant pursuant to subdivisions (10) and subsection of this section, and the superintendent concurs with those recommendations, then the other provisions of subsections and of this section do not apply and the county board shall appomt that applicant notwithstanding any other provision of this code to the contrary. The state board shall promulgate a rule, including an emergency rule if necessary, in accordance with the?previsiensref article three-b, chapter twenty?nine-a of this code to implement and interpret theyevisiensef this section. The rule may prowde for a classroom teacher who directly participates in making recommendations pursuant to this section to be compensated at the appropriate daily rate during periods of participation beyond his or her individual contract. The recommendations of the princrpal and faculty senate made pursuant to subdivisions (10) and subsection of this section shall be based on a determination as to which applicant is the most highly qualified for the position: Provided, That nothing in this subsection may require princrpals or faculty senates to assign any amount of weight to any factor in making a recommendation. (9) With the exception of guidance counselors, the seniority of classroom teachers, as defined in section one, article one of this chapter, shall be determined on the basis of the length of time the employee has been employed as a regular full?time certified and/or licensed professional educator by the county board of education and shall be granted in all areas that the employee is certified, licensed or both. Upon completion of one hundred thirty-three days of employment in any one school year, substitute teachers, except retired teachers and other retired professional educators employed as substitutes, shall accrue seniority exclusively for the purpose of applying for 104 INTRODUCED 2019 employment as a permanent, full-time professional employee. One hundred thirty?three days or more of said employment shall be prorated and shall vest as a fraction of the school year worked by the permanent, full-time teacher. Guidance counselors and all other professional employees, as defined in section one, article one of this chapter, except classroom teachers, shall gain seniority in their nonteaching area of professional employment on the basis of the length of time the employee has been employed by the county board of education in that area: Provided, That if an employee is certified as a classroom teacher, the employee accrues classroom teaching seniority for the time that employee is employed in another professional area. For the purposes of accruing seniority under this subsection, employment as principal, supervisor or central office administrator, as defined in section one, article one of this chapter, shall be considered one area of employment. Employment for a full employment term equals one year of seniority, but an employee may not accrue more than one year of seniority during any given fiscal year. Employment for less than the full employment term shall be prorated. All decisions on reductions in force shall be based on qualifications as set forth in a county board policy. Furthermore, for the purposes of this subsection and subsections through is) of this section, the word ?qualifications" means the Qualifications as set forth in county board policy and only means Qualifications set forth in subsection to the extent those Qualifications are set forth in county board policy: Provided, That in defining the word ?Qualifications" in its policy, the county board shall consider including the criteria set forth in ?18A?4?7a?b) of this code. Whenever a county board is required to reduce the number of professional personnel in its employment, the employee who is least qualified, as set forth in county board policy, shall be properly notified and released from employment pursuant to 105 100 101 102 103 104 105 108 107 108 INTRODUCED 2019 section two, article two of this chapter. subsection are j?_subject to the following: (1) All persons employed in a certification area to be reduced who are employed under a temporary permit shall be properly notified and released before a fully certified employee in such a position is subject to release; (2) Notwithstanding any provision of this code to the contrary, for any vacancy in an established, existing or newly created position that, on or before March 1, is known to exist for the ensuing school year, upon recommendation of the superintendent, the board shall appoint the successful applicant from among all qualified applicants. All employees subject to release shall be considered applicants for the positions for which they are qualified and shall be considered before posting such vacancies for application by nonemployees, (3) An employee subject to release shall be employed in any other professional position where the employee is certified and was previously employed or to any lateral area for which the employee is certified, licensed or both: Provided, That the employee is the most qualified person for that positicm, (4) if an employee subject to release holds certification, licensure or both in more than one lateral area and if the employees Qualifications are greater than the seniority Qualifications of any other employee in one or more of those areas of certification, licensure or both, the employee subject to release shall be employed in the professional position held by the employee Writs who is least qualified in any of those areas of certification, licensure or both; and (5) If, prior to August 1 of the year, a reduction in force is approved, the reason for any particular reduction in force no longer exists as determined by the county board in its sole and exclusive judgment, the board shall rescind the reduction in force or transfer and shall notify the released employee in writing of his or her right to be restored to his or her position of employment. 106 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 INTRODUCED 2019 Within five days of being so notified, the released employee shall notify the board, in writing, of his or her intent to resume his or her position of employment or the right to be restored shall terminate. Notwithstanding any other provision of this subdivision, if there is another employee on the preferred recall list with proper certification and higheeseaierity has greater qualifications, that person shall be placed in the position restored as a result of the reduction in force being rescinded. (I) For the purpose of this article, all positions which meet the definition of ?classroom teacher? as defined in section one, article one of this chapter shall be lateral positions. For all other professional positions, the county board of education shall adopt a policy by October 31, 1993, and may modify the policy thereafter as necessary, which defines which positions shall be lateral positions. In adopting the policy, the board shall may give consideration to the rank of each position in terms of title; nature of responsibilities; salary level; certification, licensure or both, and along with the days in the period of employment All professional personnel whose senierity lesser qualifications, as determinedby county board policy, with the county board IS insufficrent to allow their retention by the county board during a reduction in workforce shall be placed upon a preferred recall list. As to any professional position opening within the area where they had previously been employed or to any lateral area for which they have certification, licensure or both. the employee shall be recalled on the basis of senierity Qualifications if no regular, full?time professional personnel, or those returning from leaves of absence with greater Qualifications, apply for and accept the position ha rc'mnm-QH 'l'n nn?h all ?ll?ll'?of?l hr'n-Fneoinnql nn H?n nro c-I- far-1H nun: than-1% HII PI VIUUQKUI PHI VII LI iv PIUI ul- ulvv LI nnrhini'h: +n annlu h: Ii- urn +n chall nn'l- POI [on i- in 'Fnr?FoH an? rim rb? LUI Illy LU ?Pr-11?! LU ?Pr-ll, OI IUII has can?t h? an i-Fimrl mail +n Hag go+ nnuun ?spirit-noc- 1- a air-1H I'l- ehcll I IIULIVU lull MU I ?ull LI IV IHQL VI LI It lull Ina {ho AF can +n nn+i \r Han hnarrl n-F anculahulih: anniiath IV U1 HMVII LU LI 1U ?guru UI ul Iliuul'l? 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 INTRODUCED 2019 . iicensure or beds The board shall mull annually notify professional personnel on the preferred list of lob application procedures and arm websites used to advertise vacancies. The notice shall be sent by certified U. S. postal mail to the last known address of the employee, and it shall be the duty of each professional person to notify the board of continued availability annually of any change in address, or of any change in certification. licensure or both. (0) Openings in established, existing or newly created positions shall be processed as follows: I (1) Boards shall be required to post and date notices of each openlng at least once. At their discretion, boards may post an opening for a position other than classroom teacher more than once in order to attract more qualified applicants At their discretion, boards may past [299% an opening for a classroom teacher eiqe-add?itiGHwal?Hme after the first posting in order to attract more qualified applicants enly?if?fewer than three individuals apply during the first posting subject to the following: (A) Each notice shall be posted in conspicuous working places for all professional personnel to observe fer at least five working days which may include any website maintained_by the county board; (B) At least one notice shall be posted within twenty working days of the position openings and shall include the job description; (C) Any special criteria or skills that are required by the position shall be specifically stated in the Job description and directly related to the performance of the job; (D) Postings for vacancies made pursuant to this section shall be written so as to ensure that the largest possible pool of qualified applicants may apply; and (E) Job postings may not require criteria which are not necessary for the successful performance written with the intent to favor a specific applicant; (2) No vacancy may be filled until after the five?day minimum posting period of the most 108 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 INTRODUCED 2019 recent posted notice of the vacancy; (3) If one or more applicants under all the postings for a vacancy meets the qualifications listed in the job posting, the successful applicant to fill the vacancy shall be selected by the board within thirty working days of the end of the first posting period; (4) A position held by a teacher who is certified, licensed or both, who has been issued a permit for full-time employment and is working toward certification in the permit area shall not be subject to posting it the certificate is awarded within five years; and (5) Nothing provided herein may prevent the county board of education from eliminating a position due to lack of need. Notwithstanding any other provision of the code to the contrary. where the total number of classroom teaching positions in an elementary school does not increase from one school year to the next, but there exists in that school a need to realign the number of teachers in one or more grade levels. kindergarten through six; teachers at the school may be reassigned to grade levels for which they are certified without that position being posted: Provided, That the employee and the county board mutually agree to the reassignment. Reductions in classroom teaching positions in elementary schools shall be determined pgrsuant to the considerations set forth in county board policy and processed as follows: (1) When the total number of classroom teaching positions in an elementary school needs to be reduced; the reduction shall be made on the basis of senieeity Qualifications with the least seaiergualified classroom teacher being recommended for transfer; and (2) When a specified grade level needs to be reduced and the least seaier- gualified employee in the school is not in that grade level; the assist least gualified classroom teacher in the grade level that needs to be reduced shall be reassigned to the position made vacant by the transfer of the senatet least gualified classroom teacher in the school without that position being posted: Provided, That the employee is certified, licensed or both and agrees to the reassignment. Any board failing to comply with this article may be compelled to do 109 187 188 189 190 191 192 193 194 195 198 197 198 199 200 10 11 INTRODUCED 2019 so by mandamus and shall be liable to any party prevailing against the board for court costs and reasonable attorney fees as determined and established by the court. Further, employees denied promotion or employment in violation of this section shall be awarded the job, pay and any applicable benefits retroactive to the date of the violation and payable entirely from local funds. Further, the board shall be liable to any party prevailing against the board for any court reporter costs including copies of transcripts. {t3 Ls) Notwithstanding any other provision of this code to the contrary, upon recommendation of the principal and approval by the classroom teacher and county board, a classroom teacher assigned to the school may at any time be assigned to a new or existing classroom teacher position at the school without the posrtion being posted. ?18A-4-8a. Service personnel minimum salaries. The minimum pay for each service employee shall be as follows: (1) For school year 2018?2019, the minimum pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the State Minimum Pay Scale Pay Grade Schedule 1 and the minimum pay for each service employee whose employment is for a period of three and one?half hours or less a day shall be at least one?half the amount indicated in the State Minimum Pay Scale Pay Grade set forth in this subdivision: Provided: That for school year 2019- 2020I and continuing thereafter, the minimum pay for each service employee whose employment is for a period of more than three and one-half hours a day shall be at least the amounts indicated in the State Minimum Pay Scale Pay Grade Schedule ll and the minimum pay for each service employee whose employment is for a period of three and one?half 110 INTRODUCED 2019 12 hours or less a dav shall be at least one?half the amount indicated in the State Minimum P_a;y 13 Scale Pay Grade set forth in this subdivision. 14 STATE MINIMUM PAY SCALE PAY GRADE SCHEDULE Years Exp. PAY GRADE A 0 1,770 1,791 1,833 1,886 1,939 2,002 2 034 2 107 1 1,802 1,824 1,865 1,918 1,972 2,035 2,066 2,140 2 1,835 1,856 1,898 1.951 2,004 2,067 2.099 2,172 3 1,867 1,889 1,931 1,984 2,037 2.100 2,132 2,205 4 1,900 1,922 1,963 2,016 2,069 2,133 2,164 2,239 5 1,933 1,954 1,996 2,049 2,102 2,165 2,197 2,271 6 1,965 1,987 2,030 2,082 2,135 2,198 2,230 2,304 7 1,999 2,019 2,062 2.114 2,167 2,231 2,262 2,337 8 2,032 2,052 2,095 2,147 2,200 2,263 2,295 2,369 9 2,064 2,085 2,128 2,181 2,233 2,296 2,327 2,402 10 2,097 2,118 2,160 2,213 2,265 2,330 2,361 2,435 11 2,130 2,151 2,193 2,246 2,298 2,362 2,394 2,467 12 2,162 2,184 2,225 2,279 2,332 2,395 2,426 2,500 13 2,195 2,216 2,258 2,311 2,364 2,427 2,459 2,533 14 2,228 2 249 2,291 2,344 2,397 2,460 2,492 2,565 15 2,260 2,282 2,323 2,376 2,429 2,493 2,524 2,598 16 2293 2,314 2,356 2,409 2,462 2,525 2,557 2,631 17 2,325 2,347 2,390 2,442 2,495 2,558 2,590 2,664 18 2,358 2,380 2,422 2,474 2,527 2,591 2,622 2,697 19 2,392 2,412 2,455 2,507 2,560 2,623 2,655 2,729 20 2,424 2,445 2,488 2,541 2,593 2,656 2,688 2,763 21 2,457 2,477 2,520 2,573 2,625 2,689 2,720 2,797 111 INTRODUCED 22 2,490 23 2,522 24 2,555 25 2,588 26 2,620 27 2,653 28 2,686 29 2,718 30 2,752 31 2,785 32 2,819 33 2,853 34 2,885 35 2,919 36 2,953 37 2,985 38 3,019 39 3,053 40 3,085 15 16 Years 8203.? 8 1_ 1917 L950 _3 L982 .4 2915 2048 2080 _1 2114 2,511 2,544 2,576 2,609 2,642 2,674 2,707 2,741 2,773 2,807 2,840 2,873 2,007 2,041 2,974 3,008 3,040 3,074 3,108 2,553 2,586 2,618 2,651 2,683 2,716 2,750 2,783 2,817 2,851 2,883 2,917 2,951 2,983 3,017 3,051 3 083 3,117 3,150 row ~42? ?-401 1 2,606 2,639 2,671 2,704 2,738 2,770 2,804 2,836 2,870 2,904 2,937 2,971 3,005 3,037 3 071 3,105 3,137 3,171 3,204 STATE PAY SCAL 413 NE) 2,658 2,692 2,724 2,758 2,792 2,824 2,858 2.891 2,924 2,958 2,990 3,024 3,058 3,090 3,125 3,159 3,191 3,225 3,259 2,722 2,756 2,790 2,822 2,856 2,888 2,922 2,956 2,988 3,022 3.056 3,088 3,122 3,156 3,189 3,223 3,256 3,289 3,323 2,754 2,788 2,821 2,855 2,887 2,921 2,955 2.987 3,021 3,055 3,087 3,121 3,155 3,188 3,222 3,255 3,288 3,322 3,355 PAY GRADE SCHEDULE PAY GRADE 01GOLD ?up 2,829 2,863 2,897 2,929 2,963 2,996 3,030 3,064 3,097 3,130 3,164 3,197 3,230 3,264 3,296 3,330 3,364 3,396 3,430 2019 II 1 (.31 U1 1 1 1 (PM CJHJ 2019 INTRODUCED 2 2,912 2,944 2,978 2,541 2,607 2,835 2,869 2,903 2,970 7 3 2,477 2,510 2,575 2,608 3,271 2 2 2,413 2 512 2 544 2 807 2,873 3,205 2,361 2,491 2,819 2 406 2,438 2,471 2,865 ig? 2,331 2,364 2,429 2.822 2,955 3,056 3,123 2,310 2,343 2,408 2,934 3100 INTRODUCED 2019 (2) Each service employee shall receive the amount prescribed in the State Minimum Pay Scale Pay Grade in accordance with the provisions of this subsection according to their class title and pay grade as set forth in this subdivision: CLASS TITLE PAY GRADE Accountant 1 Accountant ll Accountant Accounts Payable Supervisor Aide A Aide ll . Aide Aide lV . Audiovisual Technician Auditor Autism Mentor Braille Specialist Bus Operator . . Buyer . Cabinetmaker Cafeteria Manager Carpenter Carpenter ll Chief Mechanic Clerk 1 114 INTRODUCED Clerk II Computer Operator Cookl Cook ll Cook Ill Crew Leader Custodian I Custodian ll Custodian l l . Custodian IV .. Director or Coordinator of Services Draftsman Early Childhood Classroom Assistant Teacher Early Childhood Classroom Assistant Teacher ll Early Childhood Classroom Assistant Teacher Educational Sign Language Interpreter Educational Sign Language interpreter ll Electricran Electricran ll Electronic Technician I Electronic Technician ll Executive Secretary Food Services Supervisor Foreman 115 A A 2019 INTRODUCED General Maintenance Glazier Graphic Artist Groundsman Handyman Heating and Air Conditioning Mechanic . Heating and Air Conditioning Mechanic . Heavy Equipment Operator . . Inventory Supervisor .. Key Punch Operator . Licensed Practical Nurse Locksmith Lubrication Man Machinist Mail Clerk Maintenance Clerk Mason . Mechanic Mechanic Assistant Office Equipment Repairman Office Equipment Repairman ll Painter Paraprofessional Payroll Supervisor 116 2019 INTRODUCED 2019 91 Plumber 92 Plumber ll 93 Printing Operator 94 Printing Supervisor 95 Programmer 96 RoofingISheet Metal Mechanic 97 Sanitation Plant Operator . 98 School Bus Supervisor . 99 Secretary . . 100 Secretary . 101 Secretary Ill 102 Sign Support Specialist . 103 Supervisor of Maintenance 104 Supervisor of Transportation 105 Switchboard Operator-Receptionist 106 Truck Driver 107 Warehouse Clerk . 108 Watchman 109 Welder. . 110 WVEIS Data Entry and Administrative Clerk 111 An additional $12 per month is added to the minimum pay of each service 112 person who holds a high school diploma or its equivalent. 113 An additional $11 per month also is added to the minimum pay of each service 114 person for each of the following: 117 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 INTRODUCED 2019 (1) A service person who holds 12 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (2) A service person who holds 24 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (3) A service person who holds 36 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (4) A service person who holds 48 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (5) A service employee who holds 60 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (6) A service person who holds 72 college hours or comparable credit obtained in a trade or vocational school as approved by the state board: (7) A service person who holds 84 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (8) A service person who holds 96 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (9) A service person who holds 108 college hours or comparable credit obtained in a trade or vocational school as approved by the state board; (10) A service person who holds 120 college hours or comparable credit obtained in a trade or vocational school as approved by the state board. (cl) An additional $40 per month also is added to the minimum pay of each service person for each of the following: (1) A service person who holds an associate?s degree; (2) A service person who holds a bachelor?s degree; 118 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 INTRODUCED 2019 (3) A service person who holds a master?s degree; (4) A service person who holds a doctorate degree. An additional $11 per month is added to the minimum pay of each service person for each of the following: (1) A service person who holds a bachelor?s degree plus 15 college hours; (2) A service person who holds a master's degree plus 15 college hours, (3) A service person who holds a master?s degree plus 30 college hours; (4) A service person who holds a master's degree plus 45 college hours; and (5) A service person who holds a master?s degree plus 60 college hours. Ea_c_h service person is paid an equity supplement, as set forth in of this code, of $164 per month, subject to the provisions of that section. These payments: Are In addition to any amounts prescribed in the applicable State Minimum Pay Scale Pay Grade, any specific additional amounts prescribed in this section and article and any county supplement in effect in a county pursuant to ?18A-4-5b of this code; (ii) are paid in equal installments; and are considered a part of the state minimum salaries for service personnel. When any part of a school service person?s daily shift of work is performed between the hours of 6 00 m. and 5:00 a. m. the following day, the employee is paid no less than an additional $10 per month and one half of the pay is paid with local funds. Any service person required to work on any legal school holiday is paid at a rate one and one?half times the person?s usual hourly rate. Any full-time service personnel required to work in excess of their normal working day during any week which contains a school holiday for which they are paid is paid for the additional 119 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 INTRODUCED 2019 hours or fraction of the additional hours at a rate of one and one-half times their usual hourly rate and paid entirely from county board funds. A service person may not have his or her daily work schedule changed during the school year without the employee's written consent and the person's required daily work hours may not be changed to prevent the payment of time and one?half wages or the employment of another employee. The minimum hourly rate of pay for extra duty assignments as defined in ?18A-4?8b of this code is no less than one seventh of the person?s daily total salary for each hour the person is involved in performing the assignment and paid entirely from local funds. Provided, That an alternative minimum hourly rate of pay for performing extra duty assignments within a particular category of employment may be used if the alternate hourly rate of pay is approved both by the county board and by the affirmative vote of a two-thirds majority of the regular full-time persons within that classification category of employment within that county: Provided, however, That the vote is by secret ballot if requested by a service person within that classification category within that county. The salary for any fraction of an hour the employee is involved in performing the assignment is prorated accordingly. When performing extra duty assignments, persons who are regularly employed on a one?half day salary basis shall receive the same hourly extra duty assignment pay computed as though the person were employed on a full?day salary basis. (I) The minimum pay for any service personnel engaged in the removal of asbestos material or related duties required for asbestos removal is their regular total daily rate of pay and no less than an additional $3 per hour or no less than $5 per hour for service personnel supervising asbestos removal responsibilities for each hour these employees are involved in asbestos-related duties. Related duties required for asbestos removal include, but are not limited to, travel, preparation of the work site, removal of asbestos, decontamination of the work site, 120 188 187 188 189 190 191 192 193 194 195 INTRODUCED 2019 placing and removal of equipment and removal of structures from the site. If any member of an asbestos crew is engaged in asbestos?related duties outside of the employee?s regular employment county, the daily rate of pay is no less than the minimum amount as established in the employee?s regular employment county for asbestos removal and an additional $30 per each day the employee is engaged in asbestos removal and related duties. The additional pay for asbestos removal and related duties shall be payable entirely from county funds Before service personnel may be used in the removal of asbestos material or related duties, they shall have completed a federal Environmental Protection Act?approved training program and be licensed. The employer shall provide all necessary protective equipment and maintain all records required by the Environmental Protection Act. For the purpose of qualifying for additional pay as provided in of this code, an aide is considered to be exercising the authority of a supervisory aide and control over pupils if the aide is required to supervise, control, direct, monitor, escort, or render service to a child or children when not under the direct supervision of a certified professional person within the classroom, library, hallway, lunchroom, gymnasium, school building, school grounds, or wherever supervision is required. For purposes of this section, ?under the direct supervision of a certified professional person? means that certified professional person is present, with and accompanying the aide. Payment of teachers and other employees; withholdings. la) Teachers and all other employees whose salaries or wages are payable out of the school current fund shall be paid for their services by orders duly signed by the president and secretary of the board in accordance with the following provisions: Notwithstanding any other provisions of this chapter and chapter eighteen, the number of pays to be made during the school year to the various classes of employees shall be determined by the board: Provided, That the 121 INTRODUCED 2019 sum of such pays for any employee does not exceed the equivalent of an annual salary based upon twelve calendar months. In the event a teacher or other employee is not paid the full salary or wage earned in the fiscal year in which the work is performed, the unpaid amount may be paid during July and August of the following fiscal year. Adjustments for time loss due to absence may be made in the next paycheck following such time loss. The county board may withhold the pay of any teacher or employee until he has made the reports required by the board or the state superintendent. (cl No amount of an employee?s pay may be withheld or deducted by the county board for the purpose of paying dues to an employee organization that provides representation, lobbying or other employee related services unless the employee within the last year has submitted a request for the withholding or deduction. Each county board shall establish procedures for submission of the request for the withholding or deduction. Accompanying the pay of each employee shall be an accounting of gross earnings, all withholdings and the dollar value of all benefits provrded by the state on behalf of the employee. Personal leave for illness and other causes; leave banks; substitutes. Personal Leave. full?time employee of a county board is entitled annually to accrue to at least one and one-half days personal leave for each employment month or major fraction thereof in the employee's employment term. Personal leave is accrued at the end of each pay period based on a ten month pay calendar or on the last workday for separating employees. Unused leave shall be accumulative without limitation and is transferable within the state. A change in job assignment during the school year does not affect the employee's rights or benefits. (2) A regular full-time employee who is absent from assigned duties due to accident, sickness, death in the immediate family. or life threatening illness of the employee's spouse, parents or child, or other cause authorized or approved by the board, shall be paid the full salary 122 3INTRODUCED 2019 from his or her regular budgeted salary appropriation during the period which the employee is absent, but not to exceed the total amount of leave which the employee is?entitleei has accrued. (3) Each employee is permitted to use three days of leave annually without regard to the cause for the absence. Personal leave without cause may not be used on consecutive work days unless authorized or approved by the employee?s principal or immediate supervisor, as appropriate. The employee shall give notice of leave without cause to the principal or immediate supervisor at least twenty?four hours in advance, except that in the case of sudden and unexpected circumstances, notice shall be given as soon as reasonably practicable. The principal or immediate supervisor may deny use of the day if, at the time notice is given, either fifteen percent of the employees or three employees, whichever is greater, under the supervision of the principal or immediate supervisor, have previously given notice of their intention to use that day for leave. Personal leave may not be used in connection With a concerted work stoppage or strike. Where the cause for leave originated prior to the beginning of the employment term, the employee shall be paid fortime lost after the start of the employment term, but not to exceed the total amount of leave the employee has accrued. (4) The State Board shall maintain a rule to restrict the payment of personal leave benefits and the charging of personal leave time used to an employee receiving a workers' compensation benefit from a claim filed against and billed to the county board by which the person is employed. if an employee is awarded this benefit, the employee shall receive personal leave compensation only to the extent the compensation is required, when added to the workers? compensation benefit, to equal the amount of compensation regularly paid the employee. it personal leave compensation equal to the employee's regular pay is paid prior to the award of the workers' compensation benefit, the amount which, when added to the benefit, is in excess of the employee's regular pay shall be deducted from the employee?s subsequent pay. The employee's 123 INTRODUCED 2019 accrued personal leave days shall be charged only for such days as equal the amount of personal leave compensation required to compensate the employee at the employee's regular rate of pay. (5) The county board may establish reasonable rules for reporting and verification of absences for cause. if any error in reporting absences occurs. the county board may make necessary salary adjustments: (A) In the next pay after the employee has returned to duty; or (B) In the final pay if the absence occurs during the last month of the employment term. Leave Banks. (1) Each county board shall establish a personal leave bank that is available to all school personnel. The board may establish joint or separate banks for professional personnel and school service personnel. Each employee may contribute up to two days of personal leave per school year. An employee may not be coerced or compelled to contribute to a personal leave bank. (2) The personal leave bank shall be established and operated pursuant to a rule adopted by the county board. The rule: (A) May limit the maximum number of days used by an employee; (B) Shall limit the use of leave bank days to an active employee with fewer than five days accumulated personal leave who is absent from work due to accident or illness of the employee; and (C) Shall prohibit the use of days to: Qualify for or add to service for any retirement system administered by the state; or (II) Extend insurance coverage pursuant to section thirteen, article sixteen, chapter five of this code. (D) Shall require that each personal leave day contributed: ls deducted from the number of personal leave days to which the donor employee is entitled by this section; (ii) is not deducted from the personal leave days without cause to which a donor employee 124 100 INTRODUCED 2019 is entitled if sufficient general personal leave days are otherwise available to the donor employee; ls credited to the receiving employee as one full personal leave day; (iv) May not be credited for more or less than a full day by calculating the value of the leave according to the hourly wage of each employee; and May be used only for an absence due to the purpose for which the leave was transferred. Any transferred days remaining when the catastrophic medical emergency ends revert back to the leave bank? (3) The administration, subject to county board approval, may use its discretion as to the need for a substitute where limited absence may prevail, when an allowable absence does not: Directly affect the instruction of the students; or (ii) Require a substitute employee because of the nature of the work and the duration of the cause for the absence. (4) If funds in any fiscal year, including transfers, are insufficient to pay the full cost of substitutes for meeting the provisions of this section, the remainder shall be paid on or before the thirty-first day of August from the budget of the next fiscal year. (5) A county board may supplement the leave provisions in any manner it considers advisable in accordance with applicable rules of the state Board and the provisions of this chapter and chapter eighteen of this code. CHAPTER 180. STUDENT SCHOLARSHIPS AND STATE AID. ARTICLE 4. TEACHING SCHOLARS PROGRAM. ?180-4-1. Underwood-Smith Teaching Scholars Program Fund created; purposes; funding. it is the purpose of this article to improve the quality of education in the public schools of West Virginia by encouraging and enabling individuals who have demonstrated outstanding academic abilities to pursue teaching careers in the public 125 INTRODUCED I 2019 schools in this state in mathematics. science, or special education at the pressheel elementary, middle or secondary levels. Particular efforts shall be made in the scholarship selection criteria and procedures to reflect the state's present and projected subieet?aad geographic areas of critical need. In consultation with the State Board of Education and the State Superintendent of Schools the commission shall propose legislative rules in accordance With the provisions of article WW et seq. The rules shall provide for the administration of the Underwood?Smith Teaching Scholars program by the vice chancellor for administration in furtherance of the purposes of this article, WW including, but not limited to. the following: (1) Establishing scholarship selection criteria and procedures; (2) Establishing criteria and procedures for identifying easiest?areas public schools or geographic areas in critical need of teachers; (3) Requiring scholarship recipients to teach in a public school in this state in mathematig;L science, or special education at the elementarv, middle or secondary level in a geographic area of critical need pursuant to the provisions of ?180-4-3 of this code; prepeplendmg?emi??y; and (6) Establishing criteria for determining participant compliance or noncompliance with 126 2019 terms of the agreement and establishing procedures to address noncompliance including, but not limited to, repayment, deferral and excusal; and L5) Developing model agreements. The commission and State Board of Education iointly shall ensure that Underwood- Smith Teaching Scholars recipients receive additional academic support and training from mathematics, science or special education mentors beginning with the freshman year and continuing through degree completion and the teaching obligationThe Underwood?Smith Teacher Scholarship and Loan Assistance Fund is continued in the State Treasum as a special revolving fund and is hereafter to be knowmmg Underwood?Smith Teaching Scholars Program Fund. The fund shall te be administered by the vice chancellor for administration solely for granting scholarships to teachers and prospective teachers in accordance with this article. Any moneys which may be appropriated by the Legislature, or received by the vice chancellor for administration from other sources, for the purposes of this article shall be deposited in the fund Any moneys remaining in the fund at the close of a fiscal year shall be carried forward for use in the next fiscal year. Any moneys repaid to the vice chancellor for administration by reason of default of a scholarship MW agreement under this article also shall be deposited in the fund. Fund balances shall be invested with the state?s consolidated investment fund, and any and all interest earnings on these investments shall be used solely for the purposes for which moneys invested were appropriated or otherwise received. {69 [pl The vice chancellor for administration may accept and expend any gift, grant, contribution, bequest, endowment or other money for the purposes of this article and?amele?iebif- 127 INTRODUCED 2019 WNW and shall make a reasonable effort to encourage external support for the scholarship WW program. For the purpose of encouraging support for the scholarship and?lean?assiS?EGPrGe programs program from private sources, the vice chancellor for administration may set aside no more than half of the funds appropriated by the Legislature for Underwood?Smith $889691: WTeaching awards to be used to match two state dollars to each private dollar from a nonstate source contributed on behalf of a specific Institution of higher education in this state. meoognition of the high academic achievement necessary to receive an award under this article. each recipient shall be distinguished as an "Underwood-Smith Teaching Scholar" in a manner befitting the distinction as determined by the commissron. Selection criteria and procedures for awarding scholarships. The Higher Education Student Financial Aid Advisory Board created by ?180?1-5 of this code to select the Fragments?9f Underwood?Smith washer?56mm Teaching Scholars who meet the eligibility criteria set forth in subsection of this section. Eligibility for an Underwood-Smith Teaching Scholars award shall be limited to students who meet the following criteria: (1) Have graduated or are graduating from high school -. n- ?Ir- a. .A- .- Aeilltest with a cumulative grade point average of at least 3.25 on a 4.0 scale, and: gA) For mathematics and science majors, met the college algebra ready assessment standards and college readiness English, reading, and writing standards as established by the commission; or 128 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 INTRODUCED 2019 by the applicant. These criteria and procedures further may require the applicant to furnish letters of recommendation from teachers and others. it is the intent of the Legislature that academic abilities be the primary criteria for selecting scholarship recipients. Heweven-the?aealified In developing the selection criteria and procedures to be used by the Higher Education Student Financial Aid Advisory Board, the vice chancellor for administration shall solicit the views of public and private education agencies and institutions and other interested parties. input from interested parties shall be solicited by means of written and published selection criteria and procedures in final form for implementation and may be solicited by means of public hearings on the present and projected teacher needs of the state or any other methods the vice chancellor for administration may determine to be appropriate to gather the information. The vice chancellor for administration shall make application forms for Underwood- Smith :peaeher?SehelaFSh?rlB?S Teaching Scholars available to public and private high schools in the state and in other locations convenient to applicants, parents and others, and shall make an effort to attract students from low-income backgrounds, ethnic or racial minority students, students with disabilities, and women or minority students who show interest in pursuing teaching careers in mathematics, and science and special education and who are under-represented in those fields. Scholarship agreement. Each recipient of an UndenNood-Smith Teaching Scholars award shall enter into an agreement with the vice chancellor for administration under which the recipient shall meet the following conditions: (1) Provide the commission with evidence of compliance with subsection section four of this article; 130 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 INTRODUCED 2019 (2) Beginning within am one year after completing the teacher education program for which the scholarship was awarded, (A) teach full time in the subiect area of mathematics, science, or special education at the elementary, middle, or secondary level, or special education at the elementam, middle or secondarj level, in a geographic area of critical need, under contract with a county board of education in a public education program in the state, for a period of not fewer than two five consecutive years for each?yea the four academic veaig for which a scholarship was received. 94: 170 171 172 173 174 175 178 177 178 179 180 181 182 183 184 185 188 187 188 189 190 191 192 2019 Renewal conditions; noncompliance; deferral; excusal. The recipient of an Underwood-Smith Ieaeha?Seheia?ht? Teaching Scholars award is eligible for scholarship renewal only during those periods when the recipient meets the following conditions: (1) Is enrolled as a full?time student in an accredited institution of higher education in this state; (2) is pursuing a course program of study leading to teacher certification in mathematics, science, or special education at the preseheei elementary, middle or secondary level; in?this?state (3) is maintaining satisfactory progress as determined by the institution of higher education the recipient is attending; and (4) is maintaining a cumulative grade point average of at least 3.25 on a 4.0 scale; and Is complying with such other standards as the commission may establish by rule. Recipients found to be in noncompliance With the agreement entered into underseetiee MW of this code shall be required to repay the amount of the scholarship awards received, plus interest, and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed in the program guidelines. Guidelines also shall provide for proration of the amount to be repaid by a recipient who teaches for part of the period required under subsection (3), WE 31330-46 of this co_d_e and for appeal procedures under which a recipient may appeal any determination of noncompliance. A reCipient is not in violation of the agreement entered into under gee?ethhree-ef-this anieie of this code during any period in which the recipient is meeting any of the following conditions: (1) Pursuing a full-time course of study at an accredited institution of higher education; (2) Serving, not in excess of four years, as a member of the armed services of the United 133 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 INTRODUCED 2019 States; {44 Satisfying the provisions of additieeal repayment exemptions that may be prescribed by the commission by rule; or (41 Failing to comply with the terms of the agreement due to death or permanent or temporary disability as established by sworn affidavit of a qualified physiolan The rules adopted by the commission may provide guidelines under which the vice chancellor for administration may extend the time period for beginning or fulfilling the teaching obligation te?f-ifteea?years if extenuating circumstances exrst. ?180-4-5. Amount and duration of scholarship; relation to other assistance. An Undenivood?Smith Teaching Scholars award shall be used in preparation for becoming a?pressheel g1 elementary, middle or secondary mathematics, science, or special education teacher in the public schools of this state Each award shall be in an amount equal to the lower ofthe average annual undergraduate tuition and mandatory fee rates charged to state resident students among all baccalaureate state institutions of higher education, or the actual tuition and mandatory fee rates charged to all students at that institution. An institution that accepts any moneys from the Underwood-Smith Teaching Scholars Fund may not charge an Underwood?Smith Teaching Scholar any tuition or fees in excess of the amount of the scholarship award. Ne?individaal?may . ii 'l II An Underwood-Smith Teaching Scholars award is available for a maximum of four 134 2?16 217 218 219 220 22?] 222 223 224 225 226 227 228 229 230 INTRODUCED 2019 academic years for the completion of a bachelor's degree and two additional academic years for completion of a masteiiselegree certification in special education that meets the requirements set bv the State Board of Education. (C) An individual mav not receive a scholarship award under this article which exceeds the cost of attendance at the institution the individual is attending. The cost of attendance shall be based upon the actual cost oftuition and fees, and reasonable allowances for books, educational supplies. room and board and other expenses necessitated by Indiwdual Circumstances, in accordance with the program guidelines. For the purposes of establishing an award amount, the vice chancellor for administration shall take into account the amount of financial aid assistance the recipient has or will receive from all other sources. If the amount of the UndenNood?Smith Teaching Scholars award and the amount of assistance awards which the recipient has received from all other sources exceed the cost of attendance, the institution's financral aid officer, in consultation with the scholar, will determine what aid is to be reduced and shall do so in a manner to the best advantage of the scholar. ARTICLE 4A. UNDERWOOD-SMITH TEACHER LOAN ASSISTANCE PROGRAM. Selection criteria and procedures for loan assistance. [Repealed] Loan assistance agreement. [Repealed] Amount and duration of loan assistance; limits. [Repealed] CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS. ARTICLE 12. STATE INSURANCE. 135 2?16 217 218 219 220 221 222 223 224 225 226 227 228 229 230 INTRODUCED 2019 academic years for the completion of a bachelor's degree and two additional academic years for completion of a masteiisdegree certification in special education that meets the requirements set by the State Board of Education. An individual may not receive a scholarship award under this article which exceeds the cost of attendance at the institution the individual is attending. The cost of attendance shall be based upon the actual cost oftuition and fees, and reasonable allowances for books, educational supplies, room and board and other expenses necessitated by indivrdual circumstances, in accordance with the program guidelines. For the purposes of establishing an award amount, the senier?adr-ninistratewC vice chancellor for administration shall take into account the amount of financial aid assistance the recipient has or will receive from all other sources. If the amount of the Underwood-Smith teaeheiesehelarship?aseistanee Teaching Scholars award and the amount of assistance awards which the recipient has received from all other sources exceed the cost of attendance, the institution's financual aid officer, in consultation with the scholar, will determine what aid is to be reduced and shall do so in a manner to the best advantage of the scholar. ARTICLE 4A. UNDERWOOD-SMITH TEACHER LOAN ASSISTANCE PROGRAM. Selection criteria and procedures for loan assistance. [Repealed] Loan assistance agreement. [Repealed] Amount and duration of loan assistance; limits. [Repealed] CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS. ARTICLE 12. STATE INSURANCE. 135 INTRODUCED 2019 ?29-12-5a. Liability insurance for county boards of education, their employees and members, the county superintendent of schools, public charter schools electing to obtain coverage, and for employees and officers of the state Department of Corrections? written notice of coverage of insureds. In accordance with the provisions of this article, the state Board of Risk and insurance Management shall provide appropriate professional or other liability insurance for all county boards of education, teachers, supervisory and administrative staff members, servrce personnel, county superintendents of schools, and school board members and for all employees and officers of the state Department of Corrections: Provided, That the Board of Risk and Insurance Management is not required to provide insurance for every property, or responsibility of county boards of education, teachers, supervisory and administrative staff members, service personnel, county superintendents of schools and school board members and for all employees and officers of the state Department of Corrections. Insurance provided by the Board of Risk and Insurance Management pursuant to the provisions of ?29~12~5a(a) of this code shall cover claims, demands, actions, suits orjudgments by reason of alleged negligence or other acts resulting in bodily injury or property damage to any person within or without any school building or correctional institution if, at the time of the alleged injury, the teacher, supervisor, administrator, service personnel employee, county superintendent, school board member, or employee or officer of the Department of Corrections was acting in the discharge of his or her duties, within the scope of his or her office, position or employment, under the direction of the Lunty board of education, or Commissioner of Corrections or in an official capacity as a county superintendent or as a school board member or as Commissioner of Corrections. (0) Insurance coverage provided by the Board of Risk and Insurance Management pursuant to ?29-12-5a(a) of this code shall be in an amount to be determined by the state Board of Risk and Insurance Management, but in no event less than $1 million for each occurrence. In 136 INTRODUCED 2019 addition, each county board of education shall purchase, through the Board of Risk and Insurance Management, excess coverage of at least $5 million for each occurrence. The cost of this excess coverage will be paid by the respective county boards of education. Any insurance purchased under this section shall be obtained from a company licensed to do business in this state. The insurance policy provided by the Board of Risk and Insurance Management pursuant to ?29-12-5a(a) of this code shall include comprehensive coverage, personal injury coverage, malpractice coverage, corporal punishment coverage, legal liability coverage as well as a provision for the payment of the cost of attorney's fees in connection with any claim, demand, action, suit orjudgment arising from such alleged negligence or other act resulting in bodily injury under the conditions specified in this section. The county superintendent and other school personnel shall be defended by the county board or an insurer in the case of suit, unless the act or omission shall not have been within the course or scepe of employment or official responsibility or was motivated by malicious or criminal intent. least annually, the county board shall provide written notice of insurance coverage to each of its insureds, including teachers, supervisors, administrators, service personnel employees, county superintendent, and school board members. The notice shall identify the coverages, monetary limits of insurance, and duty to defend for each occurrence as provided to insureds by the board of Risk and Insurance Management under this section. The written notice may be sent via email. or via first-class mail to the insured's last mailing address known to the county board. The written notice shall also include contact information for the board of Risk and Insurance Management. The provisions of this section apply to public charter schools that have been authorized pursuant to ?18?5(3?1 at sea. of this code and that have included in their approved charter application a determination to obtain insurance coverage from the Board of Risk and Insurance Management pursuant to this section. If a public charter school elects to obtain coverage pursuant 137