Mr. Jim Marsh February 15, 1991
Buckhannon-Upshur High School Faculty Senate
Buckhannon, West Virginia 26201
Dear Mr. Marsh:
" . . . Regarding the status of monies allocated to teachers and faculty senates but not spent by the end of the school year for which they were appropriated, . . . you have asked in the clarification of the following scenario:
1. Money left over from the $50 allocation if the teacher
remains in the same county and same school.
If any money remains from the $50 allocation to a teacher, counselor or librarian after completion of an instructional year, it has to be returned to the faculty senate. Please refer to W.Va. Code 18-5A-5(b)(1), second sentence, quoted in answer to your second question.
2. Money left over from the $50 allocation if teacher remains in
the same county but changes schools.
If a teacher transfers from a school, the faculty senate of that school can require the teacher to return any unspent portion of the teacher's $50 allocation because that $50 allocation is from a $200 grant to the faculty senate and the faculty senate has general supervisory authority over the $50 allocation. Please refer to W.Va. Code 18-5A-5(b) where it prescribes that:
_from_legislative_appropriations pursuant to section nine,
article nine-a of this chapter. From_such_funds,_each_classroom_
during_the_instructional_year for academic materials, supplies or
equipment which in the judgement of the teacher or librarian will
assist him or her in providing instruction in his or her assigned
academic subjects, or_shall_be_returned_to_the_faculty_senate. The
remainder of funds shall be expended for academic materials, supplies
or equipment in accordance with a budget approved by the faculty
senate. Notwithstanding any other provisions of the law to the
contrary, funds not expended in one school year shall be available for
expenditure in the next school year . . ." [Emphasis added.]
Notice also W.Va. Code 18-9A-9 where it allows:
Mr. Jim Marsh
February 15, 1991
the_county. Distribution shall be made to each county for allocation to
the faculty senate of each school in the county on the basis of two
hundred dollars per professional instructional personnel employed at the
school. Faculty senate means a faculty senate created pursuant to section
five, article five-a of this chapter. Decisions_for_the_expenditure_of_
accordance with the provisions of said section five, article five-a, and
shall not be used to supplant the current expense expenditures of the
county." [Emphasis added.]
3. Money left over from $50 allocation if the teacher leaves the
county school system.
If any money remains from a teacher's $50 allocation when he or she resigns, retires or otherwise leaves the board's employ, then it must-- according to //18-5A-5(b)(1) and 18-9A-9(4) remain at the teacher's faculty senate.
4. Money left over from faculty senate allocation ($150 per
teacher [and other professional instructional employees]).
This money remains with each respective faculty senate. Please refer to Code 18-5A-5(b)(1) quoted in answer to your second question.
Hoping that I have been of service, I am,
State Superintendent of Schools
cc: Mr. Lynn E. Westfall
Upshur County Schools