West Virginia Code § 18-9A-10

Foundation allowance to improve instructional programs, instructional
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technology, and teacher and leader induction and professional growth.
(a) The total allowance to improve instructional programs and instructional technology is the
sum of the following:
(1) For instructional improvement, in accordance with county and school electronic strategic
improvement plans required by §18-2E-5 of this code, an amount equal to 10 percent of the
increase in the local share amount for the next school year shall be added to the amount of
the appropriation for this purpose for the immediately preceding school year. The sum of
these amounts shall be allocated to the counties as follows: u
(A) One hundred fifty thousand dollars shall be allocated to each county; and
(B) Allocation to the counties of the remainder of thesea funds shall be made proportional to
the average of each county's average daily attendance for the preceding year and the
county's second month net enrollment. l
Moneys allocated by this subdivision shall be used to improve instructional programs
according to the county and school strategiic improvement plans required by §18-2E-5 of this
code and approved by the state board.
Up to 50 percent of this allocation for the improvement of instructional programs may be
used to employ professional educators and service personnel in the county. Prior to the use
of any funds from this subdivision for personnel costs, the county board must receive
authorization from the state superintendent. The state superintendent shall require the
county board to demonstrate: (1) The need for the allocation; (2) efficiency and fiscal
responsibility in staff ing; (3) sharing of services with adjoining counties in the use of the
total local disVtrict board budget; and (4) employment of technology integration specialists to
meet the needs for implementation of the West Virginia Strategic Technology Learning Plan.
County boards shall make application for the use of funds for personnel for the next fiscal
year by May 1 of each year. On or before June 1, the state superintendent shall review all
applications and notify applying county boards of the approval or disapproval of the use of
funds for personnel during the fiscal year appropriate. The state superintendent shall
require the county board to demonstrate the need for an allocation for personnel based upon
the county's inability to meet the requirements of state law or state board policy.
The funds available for personnel under this subdivision may not be used to increase the
total number of professional noninstructional personnel in the central office beyond four.
The plan shall be made available for distribution to the public at the office of each affected
county board; plus
(2) For the purposes of improving instructional technology, an amount equal to 20 percent of
the increase in the local share amount for the next school year shall be added to the amount
of the appropriation for this purpose for the immediately preceding school year. The sum of
these amounts shall be allocated to the counties as follows:
(A) Thirty thousand dollars shall be allocated to each county; and
(B) Allocation to the counties of the remainder of these funds shall be made proportional to
the average of each county's average daily attendance for the preceding year and the
county's second month net enrollment.
Moneys allocated by this subdivision shall be used to improve instructional technology
programs according to the county board's strategic technology leuarning plan.
This allocation for the improvement of instructional technology programs may also be used
for the employment of technology system specialists essential for the technology systems of
the schools of the county to be fully functional and reaadily available when needed by
classroom teachers. The amount of this allocation used for the employment of technology
system specialists shall be included and justified inl the county board's strategic technology
learning plan; plus s
(3) One percent of the state average per piupil state aid multiplied by the number of students
enrolled in dual credit, advanced placement, and international baccalaureate courses, as
defined by the state board, distributed to the counties proportionate to enrollment in these
courses in each county; plus
(4) For the purpose of supporting county-level implementation of the comprehensive systems
for teacher and leader induction and professional growth pursuant to §18A-3C-3 of this code,
an amount equal to 20 percent of the increase in the local share amount for the next school
year shall be added t o the amount of the appropriation for this purpose for the immediately
preceding schVool year. The sum of these amounts shall be allocated to the counties in a
manner established by the state board which considers the following factors:
(A) The number of full-time-equivalent teachers employed by the county with zero years of
experience;
(B) The number of full-time-equivalent teachers employed by the county who are less than
fully certified for the teaching position in which they are employed;
(C) The total number of full-time-equivalent teachers employed by the county with one year
of experience, with two years of experience, and with three years of experience;
(D) The number of full-time-equivalent principals, assistant principals, and vocational
administrators employed by the county who are in their first or second year of employment
as a principal, assistant principal, or vocational administrator;
(E) The number of full-time-equivalent principals, assistant principals, and vocational
administrators employed by the county who are in their first year in an assignment at a
school with a programmatic level in which they have not previously served as a principal,
assistant principal, or vocational administrator; and
(F) Needs identified in the strategic plans for continuous improvement of schools and school
systems including those identified through the performance evaluations of professional
personnel.
Notwithstanding any provision of this subsection to the contrary, no county may receive an
allocation for the purposes of this subdivision which is less than the county's total 2016-2017
allocation from the Teacher Mentor and Principals Mentorship appropriations to the
Department of Education. Moneys allocated by this subdivision suhall be used for
implementation of the comprehensive systems for teacher and leader induction and
professional growth pursuant to §18A-3C-3 of this code. Nottwithstanding any provision of
this subsection to the contrary, for each of the five school years beginning with the school
year 2020 – 2021 and ending after the school year 2024 – 2025, from funds to be allocated
under this subdivision, $100,000 shall be retained by the Department of Education to assist
county boards with the design and implementation of a teacher leader framework to
accomplish the teacher induction and professisonal growth aspects of their comprehensive
systems of support for teacher and leader induction and professional growth pursuant to
§18A-3C-3 of this code. The Department of Education may also retain an additional amount
of funds to be allocated under this sgubdivision beginning with the school year 2024 – 2025,
not exceeding $15,000,000, to accommodate the participation by county school systems in
regional professional learning ecadres or teacher leadership networks established or
supported by the Department of Education, to expand regional professional learning cadres
or teacher leadership neLtworks designed to support the full implementation of the Third
Grade Success Act provided in §18-2E-10 of this code, to implement the Department of
Education's academi c initiatives, and to assist teachers who are less than fully certified for
the teaching position in which they are employed as further provided in §18A-3C-3 of this
code. Up to $1,000,000 of the $15,000,000 shall be distributed to county boards for the
purpose of expanding the school districts' ability to contract with organizations that
facilitate the school districts' participation in regional professional learning cadres or
teacher leadership networks designed to support math and science improvement or to
support teachers who are less than fully certified for the teaching position in which they are
employed as further provided in §18A-3C-3 of this code. The $1,000,000 shall be distributed
to the county boards under a grant program to be established by the state board by rule
pursuant to §29A-3B-1 et seq. of this code. The rule shall include at least the following:
(A) A requirement and procedures for county boards to submit applications for a grant;
(B) Criteria on which awards of the grants will be based on; and
(C) A requirement for an external evaluation for any program funded by a grant.
(b) Notwithstanding the restrictions on the use of funds pursuant to subdivisions (1) and (2),
subsection (a) of this section, a county board may:
(1) Utilize up to 25 percent of the allocation for the improvement of instructional programs
in any school year for school facility and equipment repair, maintenance, and improvement
or replacement and other current expense priorities and for emergency purposes. The
amount of this allocation used for any of these purposes shall be included and justified in the
county and school strategic improvement plans or amendments thereto; and
(2) Utilize up to 50 percent of the allocation for improving instructional techenology in any
school year for school facility and equipment repair, maintenance, and improvement or
replacement and other current expense priorities and for emergency purrposes. The amount
of this allocation used for any of these purposes shall be included and justified in the county
board's strategic technology learning plan or amendments thereto.

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