2005 West Virginia Code - §18-9A-22. — Allowance to improve economies of scale of low student enrollment counties.

§18-9A-22. Allowance to improve economies of scale of low student enrollment counties.

(a) The Legislature finds that counties whose net enrollment falls below a certain level may not have the economies of scale to support the proper operation of the school system and the education of their students. The Legislature further finds that to make a determination of whether additional assistance is needed by such a county, and if it is, then in what form and amount, it is necessary to examine the local circumstances and ensure the efficient use of available resources. Therefore, the purpose of this section is to provide a process for examining the economies of scale of counties with low student net enrollment and providing additional assistance to them if necessary, including, but not limited to, the grant of funds.
(b) Upon the written request of a county with a student net enrollment of less than one thousand four hundred students, the State Superintendent shall examine whether all of the resources available to the county are being efficiently utilized and whether additional assistance is needed within the county to improve its economies of scale. The State Superintendent may take any of the following actions:
(1) If the State Superintendent finds that all of the resources of the county are not being used efficiently, the State Superintendent shall recommend areas of improvement to the county and, if requested by the county, may provide technical assistance to make the improvements;
(2) If the State Superintendent finds that additional assistance is needed to improve the economies of scale of the county, the State Superintendent shall determine whether the economies of scale may be increased with additional resources through the regional education service agency, through cooperative agreements with adjoining counties and by technical assistance and other programs available to the State Superintendent. The State Superintendent shall take the actions that are within his or her authority to increase the economies of scale of the county through these means; and
(3) If the State Superintendent finds that additional assistance is needed to improve the economies of scale of the county after the actions provided in subdivisions (1) and (2) of this subsection are exhausted, the State Superintendent may, subject to appropriations made by the Legislature therefor, make a grant of funds to the county to assist in improving its economies of scale. The grant of funds may include any restrictions, conditions and purposes that the State Superintendent determines necessary to improve the economies of scale of the county.