West Virginia Code § 18-9A-2

Definitions
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For the purpose of this article:
(a) "State board" means the West Virginia Board of Education.
(b) "County board" or "board" means a county board of education.
(c) "Professional salaries" means the state legally mandated salaries of the professional
educators as provided in §18A-4-1 et seq. of this code.
(d) "Professional educator" shall be synonymous with and shall have the same meaning as
"teacher" as defined in §18-1-1 of this code, and includes technology integration specialists.
(e) "Professional instructional personnel" means a professional educator whose regular duty
is as that of a classroom teacher, librarian, attendance director, or school psychologist. A
professional educator having both instructional and administrative or other duties shall be
included as professional instructional personnel for that ratio of the school day for which he
or she is assigned and serves on a regular full-time basis in appropriate instruction, library,
attendance, or psychologist duties.
(f) "Professional student support personnel" means a "teacher" as defined in §18-1-1 of this
code who is assigned and serves on a regular full-time basis as a counselor or as a school
nurse with a bachelor's degree and who is licensed by the West Virginia Board of Examiners
for Registered Professional Nurses. Professional student support personnel shall also include
professional personnel providing direct social and emotional support services to students, as
well as professional personnel addressing chronic absenteeism. For all purposes except for
the determination of the allowance for professional educators pursuant to §18-9A-4 of this
code, professiVonal student support personnel are professional educators.
(g) "Service personnel salaries" means the state legally mandated salaries for service
personnel as provided in §18A-4-8a of this code.
(h) "Service personnel" means all personnel as provided in §18A-4-8 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 200: Provided, That the computation for any service
person employed for three and one-half hours or fewer per day as provided in §18A-4-8a of
this code shall be calculated as one-half an employment day.
(i) "Net enrollment" means the number of pupils enrolled in special education programs,
kindergarten programs, and grades one to 12, inclusive, of the public schools of the county.
Net enrollment further shall include:
(1) Adults enrolled in vocational programs: Provided, That net enrollment includes no more
than 2,500 of those adults counted on the basis of full-time equivalency and apportioned
annually to each county to support Advanced Career Education programs, as provided
in §18-2E-11 of this code, in proportion to the adults participating in vocational programs
counted on the basis of full-time equivalency: Provided further, That beginning with the 2021
fiscal year and every year thereafter, a career technical education center may only receive
the funding for enrollment as authorized by this paragraph if the center has satisfied the
requirements of §18-2E-11 of this code;
(2) Students enrolled in early childhood education programs as provided in §18-5-44 of this
code, counted on the basis of full-time equivalency; r
(3) A pupil may not be counted more than once by reason of tranusfer within the county or
from another county within the state, and a pupil may not be counted who attends school in
this state from another state; t
(4) The enrollment shall be modified to the equivalent aof the instructional term and in
accordance with the eligibility requirements and rules established by the state board; and
(5) For the purposes of determining the countsy's basic foundation program only, for any
county whose net enrollment as determined under all other provisions of this definition is
less than 1,400, the net enrollment of the ciounty shall be increased by an amount to be
determined in accordance with the fgollowing:
(A) Divide the state's lowest county student population density by the county's actual student
population density;
(B) Multiply the amount derived from the calculation in §18-9A-2(i)(5)(A) of this code by the
difference between 1,400 and the county's actual net enrollment;
(C) Add the amVount derived from the calculation in paragraph (B) of this subdivision to the
county's actual net enrollment and increase that total amount by 10 percent; and
(D) If the net enrollment as determined under this subdivision is greater than 1,400, the
calculated net enrollment shall be reduced to 1,400; and
(E) During the 2008-2009 interim period and every three interim periods thereafter, the
Legislative Oversight Commission on Education Accountability shall review this subdivision
to determine whether these provisions properly address the needs of counties with low
enrollment and a sparse population density.
(j) "Sparse-density county" means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the
definition of "net enrollment", to the square miles of the county is less than five.
(k) "Low-density county" means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the
definition of "net enrollment", to the square miles of the county is equal to or greater than
five but less than 10.
(l) "Medium-density county" means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the
definition of "net enrollment", to the square miles of the county is equal to or greater than 10
but less than 20.
(m) "High-density county" means a county whose ratio of net enrollment, excluding any
increase in the net enrollment of counties, pursuant to §18-9A-2(i)(5) of this code, of the
definition of "net enrollment", to the square miles of the county is equal to or greater than
20. u
(n) "Levies for general current expense purposes" means 85 percent of the levy rate for
county boards of education calculated or set by the Legislature pursuant to §11-8-6f of this
code. a
(o) "Technology integration specialist" means a prolfessional educator who has expertise in
the technology field and is assigned as a resousrce teacher to provide information and
guidance to classroom teachers on the integration of technology into the curriculum.
(p) "State aid eligible personnel" means all professional educators and service personnel
employed by a county board in positions that are eligible to be funded under this article and
whose salaries are not funded by a specific funding source such as a federal or state grant,
donation, contribution, or other specific funding source not listed.
(q) The amendments to this section during the 2019 First Extraordinary Session of the
Legislature shall be effective for the 2019-2020 funding year, and the provisions of this
section existing imm ediately prior to the 2019 First Extraordinary Session of the Legislature
remain in effeVct for funding years prior to the 2019-2020 funding year.

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