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WV Code § 18-9A-5 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-5. Foundation Allowance for Service Personnel

(a) The basic foundation allowance to the county for service personnel shall be the amount of money required to pay the annual state minimum salaries in accordance with the provisions of article four, chapter eighteen-a of this code, to such service personnel employed, subject to the following:(1) A county shall receive an allowance for state aid eligible service personnel positions per one thousand students in net enrollment, as follows:(A) For each high-density county, forty-three and ninety-seven one hundredths service personnel per one thousand students in net enrollment;(B) For each medium-density county, forty-four and fifty-three one hundredths service personnel per one thousand students in net enrollment;(C) For each low-density county, forty-five and one tenth service personnel per one thousand students in net enrollment; (D) For each sparse-density county, forty-five and sixty-eight one hundredths service personnel per one thousand students in net enrollment; and(E) For any service personnel positions, or fraction thereof, determined for a county pursuant to subdivision (1) of this subsection that exceed the number employed, the county’s allowance for these positions shall be determined using the average state funded minimum salary of service personnel for the county; (2) The number of and the allowance for personnel paid in part by state and county funds shall be prorated; and(3) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the service personnel for the school or program may be prorated among the participating counties on the basis of each one's enrollment therein and that the personnel shall be considered within the above-stated limit.
WV Code § 18-9A-6 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-6. Foundation Allowance for Fixed Charges

The total allowance for fixed charges shall be the sum of the following:(1) The sum of the foundation allowance for professional educators and the foundation allowance for other personnel, as determined in sections four, five and eight of this article, multiplied by the current social security rate of contribution; plus(2) The sum of the foundation allowance for professional educators and the foundation allowance for other personnel, as determined in sections four, five and eight of this article, multiplied by four hundredths of one percent as an allowance for unemployment compensation contribution; plus(3) The sum of the foundation allowance for professional educators and the foundation allowance for other personnel, as determined in sections four, five and eight of this article, multiplied by the rate which is derived by dividing the total estimated contributions for workers' compensation for all county boards by the sum of the foundation allowance for professional educators and other personnel, as determined in sections four, five and eight of this article. The total estimated contribution for Workers Compensation is determined by multiplying each county board's allowance for professional educators and other personnel, as determined by sections four, five and eight of this article, by the county's actual contribution rate by using data of the most recent year for which it is available; plus(4) The teachers retirement fund allowance as determined in section six-a of this article.
WV Code § 18-9A-6a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-6a. Teachers Retirement Fund Allowance; Unfunded Liability Allowance

(a) The total teachers retirement fund allowance is the sum of the basic foundation allowance for professional educators, the basic foundation allowance for professional student support personnel and the basic foundation allowance for service personnel, as provided in 18-9A-4, 18-9A-5 and 18-9A-8 of this code; all salary equity appropriations authorized in 18A-4-5 of this code; and such amounts as are to be paid by the counties pursuant to 18A-4-5a and 18A-4-5b of this code to the extent such county salary supplements are equal to the amount distributed for salary equity among the counties, multiplied by the average retirement contribution rate for each county board. The average contribution rate for each county board is based on the required employer contributions for state aid eligible employees participating in the retirement plans pursuant to 18-7A-1 et seq. and 18-7B-1 et seq. of this code.(b) The teachers retirement fund allowance amounts provided for in subsection (a) of this section shall be accumulated in the employers accumulation fund of the State Teachers Retirement System Fund pursuant to 18-7A-18 of this code and shall be in lieu of the contribution required of employers pursuant to 18-7A-18(b) of this code as to all personnel included in the allowance for state aid in accordance with 18-9A-4, 18-9A-5 and 18-9A-8 of this code.(c) In addition to the teachers retirement fund allowance provided for in subsection (a) of this section, there shall be an allowance for the reduction of any unfunded liability of the teachers retirement fund in accordance with the following provisions of this subsection. On or before December 31, of each year, the actuary or actuarial firm employed in accordance with the provisions of 5-10D-4 of this code shall submit a report to the President of the Senate and the Speaker of the House of Delegates which sets forth an actuarial valuation of the teachers retirement fund as of the preceding June 31. Each annual report shall recommend the actuarys best estimate, at that time, of the funding necessary to both eliminate the unfunded liability over a 40-year period beginning on July 1, 1994, and to meet the cash flow requirements of the fund in fulfilling its future anticipated obligations to its members. In determining the amount of funding required, the actuary shall take into consideration all funding otherwise available to the fund for that year from any source. In any year in which the actuary determines that the teachers retirement fund is not being funded in such a manner, the allowance made for the unfunded liability for the next fiscal year shall be not less than the amount of the actuarys best estimate of the amount necessary to conform to the funding requirements set forth in this subsection.
WV Code § 18-9A-7a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-7a. Report on Alternate Method for Funding Student Transportation Costs Required

(a) The Legislature finds that the present method of calculating the allowance for service personnel in 18-9A-5 may not provide sufficient funding to meet the student transportation needs of lower-population density districts covering a large geographic area.(b) The State Board of Education shall propose revisions to the calculation of the allowance for service personnel in 18-9A-5 to provide additional funded service personnel positions for the districts described in subsection (a) of this section and shall report the proposal to the Legislature before September 1, 2020.
WV Code § 18-9A-8 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-8. Foundation Allowance for Professional Student Support Services

(a) Until the 2019-2020 fiscal year, the basic foundation allowance to the county for professional student support personnel shall be the same amount of money as in the 2013 fiscal year, plus any additional amount of funding necessary to cover any increases in the State Minimum Salary Schedule set forth in §18A-4-2 of this code.(b) Effective for the 2019-2020 fiscal year and thereafter, the basic 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 §18A-4-1 et seq. of this code, subject to the following:(1) In making this computation, each county shall receive an allowance for five state aid eligible professional student support personnel positions to each 1,000 students in net enrollment: Provided, That nothing in this section precludes the county from entering into public-private partnerships or other contracts to provide these services; (2) For any professional student support personnel positions, or fraction thereof, determined for a county pursuant to subdivision (1) of this subsection that exceed the number employed, the countys 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 join 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 ones enrollment therein and the personnel shall be considered within the above-stated limit.(5) For the 2019-2020 fiscal year only, the number of positions funded for each county by subdivision (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.
WV Code § 18-9A-8a (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-8a. Foundation Allowance for Regional Education Service Agencies

[Repealed.]
WV Code § 18-9A-14 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-14. Allowance for County Transfers

In order to encourage county boards to utilize fully their facilities and to provide county boards with fiscal flexibility, county boards that agree to transfer students to another county pursuant to an agreement approved by the state board after the effective date of this article, pursuant to subsection (19), section thirteen, article five, chapter eighteen of this code, shall forward in the year in which the transfers occur to the receiving county the amount agreed upon in the agreement, not to exceed the per pupil allocation in the state aid formula. Subject to appropriations by the Legislature, funds equal to the agreed upon amount will be provided to the county which transfers students as an allowance for facility efficiency in the year in which the transfers occur. Subject to appropriations by the Legislature, for the first year after the transfers occur, the county board shall receive one-half the amount provided for in the agreement. Subject to appropriations by the Legislature, for the second year after the transfers occur, the county board shall receive one-fourth the amount provided for in the agreement. If professional or service personnel obtain full-time employment pursuant to the terms of section eight-i, article four, chapter eighteen-a of this code, then the state board shall deduct an appropriate amount from the funds to be received pursuant to this section.
WV Code § 18-9A-16 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-16. General School Fund and Its Use

There is continued a separate school fund to be known as the "general school fund" which shall be administered by the state superintendent. The proceeds from the income of this school fund, and the interest thereon, as provided for under the irreducible school fund amendment to the Constitution shall accrue to the General School Fund which, with moneys appropriated by the Legislature, shall be used to support the public schools of the state. All other State funds and taxes formerly dedicated to the General School Fund shall hereafter be paid into the State General Fund.
WV Code § 18-9A-17 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-17. Administration of School Finance

Notwithstanding any and all references to the board of school finance as found in article nine-b of this chapter, the West Virginia Board of Education, through its chief executive officer, shall direct and carry out all provisions of said article nine-b.
WV Code § 18-9A-18 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-18. Rules and Regulations

The state board shall have authority to make such reasonable rules and regulations as may be necessary to enable it to carry out the purposes and intent of this article with respect to the allocation of state aid for schools.
WV Code § 18-9A-19 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-19. State Aid Block Grant Funding

Beginning for the school year 2019-2020 and thereafter, each county board shall receive its allocated state aid share of the countys basic foundation program as calculated pursuant to this article in the form of block grants. Notwithstanding other provisions within this article, all funds distributed to a county board in a block grant shall be exempt from expenditure requirements and limitations contained within this article and a recipient county board may expend such funds in any authorized and allowable manner the county board deems appropriate: Provided, That all expenditures shall be consistent with the provisions of all other articles of this code.
WV Code § 18-9A-20 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-20. Repeal of Inconsistent Provisions

The provisions of any section or parts of sections, or articles or parts of articles, of the Code of West Virginia, 1931, as amended, which are inconsistent with the provisions of this article, are hereby repealed to the extent of such inconsistency.
WV Code § 18-9A-21 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-21. Funding for Alternative Education Programs

(a) An appropriation may be made to the state department to be distributed to county boards for the operation of alternative education and prevention programs established in accordance with policies and procedures adopted by the state board under section six, article two of this chapter. The appropriation shall be an amount equal to $18 per student in net enrollment, subject to appropriation by the Legislature. The state board shall distribute ninety-eight percent of the total appropriation to the county boards proportionate to each county's net enrollment. The remaining two percent of the appropriation shall be retained by the state department to support the provision of services to the county boards in administering programs established in accordance with policies and procedures adopted by the state board under section six, article two of this chapter.(b) Nothing in this section may be construed to require any specific level of funding by the Legislature.(c) The increase from $12 per student in net enrollment to $18 per student in net enrollment pursuant to the amendment and enactment of this section during the 2010 regular session of the Legislature is not subject to the provisions of section three-a.
WV Code § 18-9A-22 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-22. Supplemental Funding for the Provision of Programs Required for Limited English Proficient (Lep) Students

Any funds appropriated by the Legislature to the Department of Education for distribution to the county boards of education to supplement programs required for Limited English Proficient students as defined by state board policy in accordance with federal law shall be used to supplement a program when the cost of the program exceeds the capacity of a county board to provide the program with funds available. Any appropriation made pursuant to this section shall be distributed to the county boards in a manner that takes into account the varying proficiency levels of the students and the capacity of the county board to deliver the needed programs. In order to receive the funding, a county board must apply to the state superintendent. The state board shall promulgate a rule in accordance with the provisions of article three-b, chapter twenty-nine-a of this code that sets forth the manner in which county boards apply for the funding and to implement the other provisions of this section.
WV Code § 18-9A-23 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-23. Obtaining State Funds by Falsifying Reports; Penalty

It shall be unlawful for any person knowingly and intentionally to falsify any enrollment or attendance reports for the purpose of obtaining state funds allocated to a county under the provisions of this article.Any person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail for not more than six months, or fined not more than $1,000, or both.
WV Code § 18-9A-25 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9A. Public School Support|§18-9A-25. Funding for Hope Scholarship Program

(a) Notwithstanding any other provision of this article to the contrary, for fiscal year 2023 and each fiscal year thereafter, in addition to all other amounts required by this article, the Department of Education shall include in its budget request, and the Governor shall include in each budget bill submitted to the Legislature, an appropriation to the Department of Education for the greater of an amount not less than two percent of net public school enrollment adjusted for state aid purposes or the total number of eligible Hope Scholarship applications received by the Hope Scholarship Board, if available, multiplied by the prior years statewide average net state aid allotted per pupil. The amount appropriated shall be transferred by the Department of Education to the Hope Scholarship Board to be used solely to meet the Hope Scholarship Program obligations set forth in 18-31-1 et seq. of this code except as otherwise provided in this section. The Governor shall also provide in each budget for the reappropriation for expenditure during the ensuing fiscal year the balance to the Department of Education that was not transferred to the Hope Scholarship Board due to an accumulated balance from prior years as provided under subsection (b) of this section.(b) Each fiscal year, the amount required to be requested and included in the budget bill for appropriation under subsection (a) of this section shall be reduced by the sum of:(1) Any unused accumulated amounts transferred to the Hope Scholarship Board for these purposes from previous years; and(2) Any unused appropriations made to the Department of Education for these purposes that were not transferred to the Hope Scholarship Board due to an accumulated balance from prior years.
WV Code § 18-9B-1 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9B. State Board of School Finance|§18-9B-1. Purpose and Construction of Article

Because of the adoption of the "Tax Limitation Amendment," it has become necessary for the state to participate, to an increasing degree, in the financing of the free public schools. In the fiscal year 1938-1939, this participation aggregated 55 percent of the total expended by county boards of education for the operation of the schools of the state, and in 17 counties state aid represented in excess of 70 percent of the total amounts spent for public education in those counties. In consequence of this state investment in local education, the state has acquired a paramount interest in the sound and stable management of the financial affairs of county school districts so that the maximum effectiveness of education may be obtained from the expenditure of the limited funds available.With the foregoing purposes in view, this article is enacted to develop improved methods of financial administration and to bring increased financial guidance and assistance to the management of county school affairs.The provisions of this article shall be construed to be in addition to the authority now exercised by the State Auditor as chief inspector and supervisor of public offices under 6-9-1 et seq. of the code for the purposes of fidelity accounting and auditing. The intent of the Legislature is that the powers granted by this article to the State Superintendent of Schools over financial management shall in administration be fully coordinated with those of the State Auditor over the legality and fidelity of public expenditures.The provisions of this article shall be liberally construed to give effect to the purposes stated.
WV Code § 18-9B-2 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9B. State Board of School Finance|§18-9B-2. Definitions

For the purposes of this article:"State superintendent" means the State Superintendent of Schools. "Budget" means the annual budget of school revenues and expenditures prepared and adopted by a county board of education in accordance with this article."Levy estimate" means the summary statement of the total budgeted school requirements prepared and adopted by a county board of education in accordance with law, in justification of the amount levied upon taxable property within the county for the support of the local schools."Appropriation" means an item, or the amount of an item, budgeted by a county board of education for expenditure during the fiscal year."Expenditure schedule" means a schedule for the expenditure of amounts budgeted throughout the fiscal year and adopted in conjunction with the annual budget."County board" means a county board of education.
WV Code § 18-9B-3 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9B. State Board of School Finance|§18-9B-3. State Superintendent of Schools

The State Superintendent of Schools shall exercise the powers and perform the duties conferred upon him or her by this article.
WV Code § 18-9B-4 (2021)
2021 West Virginia Code|Chapter 18. Education|Article 9B. State Board of School Finance|§18-9B-4. Powers and Duties of State Superintendent of Schools

The State Superintendent of Schools, in addition to the specific powers and duties conferred upon him or her, shall advise and assist county boards of education and county superintendents in the planning and management of school finances to the end that the most effective program of public education be realized from the funds available for expenditure by the several counties.In the exercise of the powers granted under this article, the state superintendent shall not substitute his or her discretion and judgment for that of a county board of education with respect to the desirability or reasonability of a lawful school expenditure if the provisions of law and the orders of the state superintendent are complied with by the county board. If, however, a county board fails or refuses to provide for the support of the standard school term, to adhere to the budget and the expenditure schedule, or to comply with other provisions of this article, the state superintendent may require such action on the part of the county board, not in violation of law, as the state superintendent may find to be best calculated to restore the financial affairs of the county board to a proper and lawful basis.