Mr. Jim Marsh February 15, 1991 Chairman
Buckhannon-Upshur High School Faculty Senate Route 3
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:

"(1) Each_faculty_senate_shall_control_funds_allocated_to_the_school _from_legislative_appropriations pursuant to section nine, 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 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:

"(4) For_academic_materials,_supplies_and_equipment_for_use_in_ instructional_programs,_two_hundred_dollars_multiplied_by_the_number_ of_professional_instructional_personnel_employed_in_the_schools_of_

Mr. Jim Marsh
February 15, 1991
Page 2

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_ such_funds_shall_be_made_at_the_school_level_by_the_faculty_senate in 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,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

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