HB 5438: To modify the foundation allowance to improve instructional programs. - West Virginia

hb5438 sfa oliverio _1 3-12 adopted.htm → hb5438 sfat grady _1 3-13 adopted.htm · 4 edits

MODERATE

The bill was amended to replace a detailed amendment by Senators Oliverio, Tarr, and Bartlett with a new amendment by Senator Grady. The new amendment focuses on expiring the minimum ratio requirements for professional educators and removing the prohibition on increasing administrative personnel numbers, while also modifying foundation allowances and teacher induction rules. This shifts the bill's focus from establishing specific staffing ratios to removing them and adjusting related funding and administrative provisions.

Scope change

The bill's scope shifted from establishing and enforcing specific minimum staffing ratios for professional educators to expiring those ratios and removing restrictions on administrative hiring.

REQUIREMENT

Removed a detailed amendment that would have established specific minimum staffing ratios for professional educators based on county density and set an expiration date for those ratios.

Added a new amendment that explicitly removes the prohibition against increasing the number of administrative personnel above the 1990 levels.

TIMELINE

Changed the legislative intent from setting a specific expiration date for staffing ratios to removing those ratio requirements entirely.

FISCAL

Modified the foundation allowance provisions to remove authority to use funds for certain employment conditions and to improve instructional technology budgeting systems.

hb5438 hfat mcgeehan 3-14 adopted.htm → hb5438 sfa oliverio _1 3-12 adopted.htm · 5 edits

MODERATE

The bill was amended to replace a broad, multi-topic title with a specific provision establishing a new section (§18-9A-4) that defines foundation allowances for professional educators based on county population density. This change shifts the bill's focus from general budgeting and program funding to specific salary calculations and staffing ratios, introducing new requirements for counties to maintain minimum instructional personnel ratios by July 1, 2027, with financial penalties for non-compliance.

Scope change

The bill's scope narrowed significantly from a general education funding and budgeting measure to a specific mandate regarding professional educator staffing ratios and foundation allowance calculations.

REQUIREMENT

Added new Section 18-9A-4 establishing specific foundation allowance calculations for professional educators based on high, medium, low, and sparse county densities.

Added mandatory minimum staffing ratios for professional instructional personnel per state aid funded educator, varying by county density, effective until July 1, 2027.

ENFORCEMENT

Added a penalty mechanism where counties failing to meet the new staffing ratios will suffer a pro rata reduction in their foundation allowance funding.

SCOPE

Removed the original title and related provisions regarding the Third Grade Success Act, Safe Schools Fund, and general budget reappropriation.

TIMELINE

Set an expiration date of July 1, 2027, for the new staffing ratio requirements.

hb5438 hfa mcgeehan 3-13 adopted.htm → hb5438 hfat mcgeehan 3-14 adopted.htm · 2 edits

MINOR

The amendment removes the previous proposal to delete a specific section of the bill and adds a new instruction to replace the bill's title with a comprehensive description of its contents. This change clarifies the bill's purpose, which includes modifying foundation allowances, implementing a new budgeting system, funding the Third Grade Success Act, and allowing counties to use induction funds for safe schools projects.

Scope change

The scope of the bill's description was expanded in the title to explicitly list all major provisions, including the Third Grade Success Act and safe schools funding, ensuring these elements are clearly identified as part of the legislation.

REQUIREMENT

Removed the instruction to strike out (delete) Section 18A-9A-4 in its entirety, which previously would have eliminated specific reading training provisions for kindergarten through fifth-grade teachers.

TECHNICAL

Added a new instruction to replace the bill's title with a detailed summary that explicitly mentions the Third Grade Success Act, budgeting system changes, and safe schools fund utilization.

hb5438 s edu am _1 3-9 adopted.htm → hb5438 hfa mcgeehan 3-13 adopted.htm · 3 edits

MINOR

The bill was amended to remove a specific section regarding the Department of Education's authority over charter schools and to add new requirements for teacher training. The changes mandate that the state provide and promote training in the science of reading for kindergarten through fifth-grade classroom teachers, ensuring educators are equipped with evidence-based literacy instruction methods.

Scope change

The bill's scope was narrowed by removing provisions related to the Department of Education's oversight of charter schools, while its educational requirements were expanded to include specific reading instruction training for elementary teachers.

SCOPE

Deleted the entire section granting the Department of Education authority over charter schools.

REQUIREMENT

Added a mandate to provide and promote training in the science of reading for kindergarten through fifth-grade classroom teachers.

Inserted specific language requiring training in the science of reading as defined in existing state code sections.

Committee Substitute → hb5438 s edu am _1 3-9 adopted.htm · 3 edits

MINOR

The bill was amended to correct a typo in a section number, change a word from 'will' to 'shall' to mandate an action, and remove a paragraph regarding teacher certification requirements. These changes clarify the legal requirements and fix errors without altering the bill's core funding amounts or eligibility criteria.

TECHNICAL

Corrected a section reference from '§18A-9B-5' to '§18-9B-5' to align with the correct code article.

REQUIREMENT

Changed the word 'will' to 'shall' in one instance to ensure the action is legally mandatory rather than optional.

Deleted a paragraph that required the state board to consider the number of teachers who are not fully certified when allocating induction funds.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

The bill text was converted from a formal legislative 'Enrolled Committee Substitute' format to a plain text version containing the full website interface and navigation menus. While the underlying legal text regarding funding allocations and teacher induction remains largely consistent, the new version adds significant new provisions allowing counties to use funds for facility repairs and expanding the retention of funds for regional professional learning networks to support the Third Grade Success Act.

Scope change

The scope of the document changed from a clean legislative text to a full webpage dump including navigation links and footer information.

REQUIREMENT

Added new requirements allowing county boards to use up to 25% of instructional program funds and 50% of technology funds for facility repairs, maintenance, and emergency purposes.

Added a requirement that up to $1 million of the retained funds be distributed via a grant program to help districts contract with organizations for professional learning and teacher certification support.

FISCAL

Added provisions allowing the Department of Education to retain up to $15 million for regional professional learning cadres and teacher leadership networks to support the Third Grade Success Act.

TECHNICAL

The document now includes extensive website navigation menus, footer links, and contact forms that were not present in the original legislative text.

Engrossed Committee Substitute → Enrolled Committee Substitute · 3 edits · Mar 14, 2026

MINOR

The bill was finalized as an Enrolled Version, changing its effective date to July 1, 2026, and updating the bill title to an 'Act'. Substantively, the bill added specific language to require the Department of Education to use retained funds for training in the 'science of reading' for kindergarten through fifth-grade teachers. It also removed a provision that guaranteed a minimum funding allocation for counties based on 2016-2017 levels and updated section citations to reflect the correct code numbers.

Scope change

The bill's scope was expanded to explicitly include 'science of reading' training as a required use of retained funds for K-5 teachers, while the guarantee of minimum funding allocations for certain counties was removed.

FISCAL

Added a requirement that retained funds be used to provide and promote training in the science of reading for kindergarten through fifth-grade classroom teachers.

Removed a provision ensuring no county receives less than its 2016-2017 allocation from Teacher Mentor and Principals Mentorship appropriations.

TECHNICAL

Updated section citations from '§18A-9B-5' to '§18-9B-5' and changed the bill status from 'Engrossed' to 'Enrolled' with an effective date of July 1, 2026.

Introduced Version → Engrossed Committee Substitute · 5 edits · Mar 14, 2026

MODERATE

The bill was converted from a draft introduction to an official committee substitute version, incorporating significant substantive changes to funding allocations and usage rules. The most critical change is the increase in the base funding for instructional improvement from $30,000 to $150,000 per county. Additionally, new provisions were added to allow funds to be used for facility repairs and to permit up to 50% of induction funds to support Safe Schools Fund projects.

Scope change

The bill's scope expanded to include new funding categories and usage permissions that were not present in the introduced version, specifically regarding facility maintenance and safety initiatives.

FISCAL

The base allocation for instructional improvement was increased from $30,000 to $150,000 per county.

A new provision allows county boards to use up to 25% of instructional improvement funds and 50% of technology funds for facility and equipment repair, maintenance, and emergency purposes.

A new provision permits county boards to utilize up to 50% of teacher and leader induction funds to finance projects identified in the Safe Schools Fund.

New retention authority was granted to the Department of Education to keep up to $15 million annually for a new budgeting system and an additional $15 million for regional professional learning networks.

REQUIREMENT

Detailed criteria were added for how the state board must allocate teacher induction funds, including specific factors like teacher experience levels and a minimum funding floor based on 2016-2017 levels.

To modify the foundation allowance to improve instructional programs.

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