October 8, 1997

Mr. William B. McGinley
General Counsel
West Virginia Education Association 1558 Quarrier Street
Charleston, West Virginia 25311-2497

Dear Mr. McGinley:

This is in response to your letter of September 17, 1997, in which you request an interpretation from our office regarding the use of faculty senate funds.

Specifically, you ask whether funds received pursuant to W.Va. Code 18-5A-5(b)(10) carry the same limitations as those received pursuant to W.Va. Code 18-5A-5(b)(1).

W.Va. Code 18-5A-5(b)(1) states that:

Each faculty senate shall control funds allotted to the school from legislative appropriations pursuant to section nine [18-9A-9], article nine-a of this chapter. From such funds, each classroom teacher and librarian shall be allotted fifty dollars for expenditure during the instructional year for academic materials, supplies or equipment which in the judgment 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: Provided, That nothing contained herein shall prohibit such funds from being used for programs and materials that, in the opinion of the teacher, enhance student behavior, increase academic achievement, improve self-esteem and address the problems of students at-risk. 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: Provided, however, That the amount of county Mr. William B. McGinley
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October 8, 1997

funds budgeted in a fiscal year shall not be reduced throughout the year as a result of the faculty appropriations in the same fiscal year for such materials, supplies and equipment. Accounts shall be maintained of the allocations and expenditures of such funds for the purpose of financial audit. Academic materials, supplies or equipment shall be interpreted broadly, but shall not include materials, supplies or equipment which will be used in or connected with interscholastic athletic events.

W.Va. Code 18-5A-5(b)(10) states that "A faculty senate may solicit, accept and expend any grants, gifts, bequests, donations and any other funds made available to the faculty senate...."

You are correct in your assumption that the limitations placed upon faculty senate funds in subsection (1) of part (b) do not relate to those funds mentioned in subsection (10). Subsection (1) relates to funds which have been appropriated by the Legislature. Subsection (10) relates to other funds.

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools