Increasing each school district's basic foundation program

SB 801 Text

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Introduced Version

Senate Bill 801 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 801
By Senator Grady
[Introduced February 6, 2026; referred
to the Committee on Education; and then to the Committee on Finance]
A BILL to amend and reenact §18-9A-4 and §18-9A-5 of the Code of West Virginia, 1931, as amended, relating to increasing each school district’s basic foundation program by increasing the ratio of professional educators per 1,000 students and the ratio of service personnel per 1,000 students, both of which are a part of the calculation used to determine each school district’s basic foundation program; and providing that for the 2026-2027 school year only, a school district cannot be penalized for failing to meet the minimum ratio of professional instructional personnel per state aid funded professional educators.
Be it enacted by the Legislature of West Virginia:

CHAPTER 18. EDUCATION.

ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-4. Foundation allowance for professional educators.

(a) The basic foundation allowance to the county for professional educators is the amount of money required to pay the state minimum salaries, in accordance with §18A-4-1
et seq
. of this code, subject to the following:
(1) In making this computation a county shall receive an allowance for state aid eligible professional educator positions to each one thousand students in net enrollment as follows:
(A) For each high-density county,
seventy-two

seventy-five
and three tenths professional educators per each one thousand students in net enrollment;
(B) For each medium-density county,
seventy-two

seventy-five
and forty-five one hundredths professional educators per each one thousand students in net enrollment;
(C) For each low-density county,
seventy-two

seventy-five
and six tenths professional educators per each one thousand students in net enrollment;
(D) For each sparse-density county,
seventy-two

seventy-five
and seventy-five one hundredths professional educators per each one thousand students in net enrollment; and
(E) For any professional educator positions, or fraction thereof, determined for a county pursuant to paragraphs (A), (B), (C) and (D) of this subdivision that exceed the number employed, the county’s allowance for these positions shall be determined using the average state funded salary of professional educators 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 professional educators 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.
(b) Each county board shall establish and maintain a minimum ratio of professional instructional personnel per state aid funded professional educators as follows:
(1) For each high-density county, the minimum ratio of professional instructional personnel per state aid funded professional educators, or the number employed, whichever is less, is ninety-one and twenty-nine one hundredths percent;
(2) For each medium-density county, the minimum ratio of professional instructional personnel per state aid funded professional educators, or the number employed, whichever is less, is ninety-one and twenty-four one hundredths percent;
(3) For each low-density county, the minimum ratio of professional instructional personnel per state aid funded professional educators, or the number employed, whichever is less, is ninety-one and eighteen one hundredths percent;
(4) For each sparse-density county, the minimum ratio of professional instructional personnel per state aid funded professional educators, or the number employed, whichever is less, is ninety-one and seven one hundredths percent; and
(5) Where two or more counties join together in support of a vocational or comprehensive high school or any other program or service, the professional instructional 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.
(c) Any county board which does not establish and maintain the applicable minimum ratio required in subsection (b) of this section shall suffer a pro rata reduction in the allowance for professional educators under this section,
subject to the following
:
(1)

Provided
, That a

A
county may not be penalized if it has increases in enrollment during that school year;
(2)

Provided, however
, That a

A
county board of education serving as the fiscal agent for a multi-county vocational center may not be penalized if the county’s failure to meet the applicable minimum ratio is due to the staffing levels at the multi-county vocational center;
and
(3) For the school year 2026-2027 only, a county may not be penalized for not meeting the applicable minimum ratio required in subsection (b) of this section.
(d) A county may not increase the number of administrative personnel employed as either professional educators or pay grade "H" service personnel above the number which were employed, or for which positions were posted, on June 30, 1990, and, therefore, county boards shall whenever possible utilize classroom teachers for curriculum administrative positions through the use of modified or extended contracts.

§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 §18A-4-1
et seq
. 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 1,000 students in net enrollment, as follows:
(A) For each high-density county,
43.97 service personnel per 1,000 students in net enrollment:
Provided
, That this ratio of service personnel per 1,000 students in net enrollment shall increase to 47.39 beginning July 1, 2023; 50.65 beginning July 1, 2024; and
53.79
beginning July 1, 2025

service personnel per 1,000 students in net enrollment:
Provided,
That this ratio shall increase to 56.79 service personnel per 1,000 students in net enrollment beginning July 1, 2026
;
(B) For each medium-density county,
44.53 service personnel per 1,000 students in net enrollment:
Provided
, That this ratio of service personnel per 1,000 students in net enrollment shall increase to 47.95 beginning July 1, 2023; 51.21 beginning July 1, 2024; and
54.35
beginning July 1, 2025

service personnel per 1,000 students in net enrollment:
Provided,
That this ratio shall increase to 57.35 service personnel per 1,000 students in net enrollment beginning July 1, 2026
;
(C) For each low-density county,
45.10 service personnel per 1,000 students in net enrollment:
Provided
, That this ratio of service personnel per 1,000 students in net enrollment shall increase to 48.52 beginning July 1, 2023; 51.78 beginning July 1, 2024; and
54.92
beginning July 1, 2025

service personnel per 1,000 students in net enrollment:
Provided,
That this ratio shall increase to 57.92 service personnel per 1,000 students in net enrollment beginning July 1, 2026
;
(D) For each sparse-density county,
45.68 service personnel per 1,000 students in net enrollment:
Provided
, That this ratio of service personnel per 1,000 students in net enrollment shall increase to 49.10 beginning July 1, 2023; 52.36 beginning July 1, 2024; and
55.50
beginning July 1, 2025

service personnel per 1,000 students in net enrollment:
Provided,
That this ratio shall increase to 58.50 service personnel per 1,000 students in net enrollment beginning July 1, 2026
; 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.

NOTE: The purpose of this bill is to increase each school district’s basic foundation program by increasing the ratio of professional educators per 1,000 students and the ratio of service personnel per 1,000 students, both of which are a part of the calculation used to determine each school district’s basic foundation program; and provide that for the 2026-2027 school year only, a school district cannot be penalized for failing to meet the minimum ratio of professional instructional personnel per state aid funded professional educators.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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