Interpretation's Date: October 8, 1997
by superintendent Henry Marockie
Section: VIII. Finance
October 8, 1997
Mr. William B. McGinley
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.
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
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
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