ORIGINAL HOUSE

BILL NO. 0023

ENROLLED ACT NO. 79, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to preschool education for children with
disabilities; modifying the distribution of federal funds
available to the state for preschool special education
programs as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 21-2-705 by creating a new subsection
(b) is amended to read:

21-2-705. Fund allocation.

(b) All funds received by the state from the federal
government for services to preschool children with
disabilities shall be used as follows:

(i) Not more than five percent (5%) may be
retained by the state department of education for
administration costs;

(ii) Not more than twenty percent (20%) shall be
retained by the state department of education for support
services and improvement programs authorized by federal
law. The amount retained under this paragraph shall be
distributed by the department to the division to be
utilized as determined by the division for state level
activities authorized by section 619(e)(1) and (f) of the
federal Individuals with Disabilities Education Act. The
department shall enter into an agreement with the division
for purposes of implementing this paragraph;

(iii) Of the amount remaining following
distribution under paragraphs (i) and (ii) of this
subsection, an amount equal to seventy-five percent (75%)
of the amount received by the state under section 619 of

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the federal Individuals with Disabilities Education Act
during the period beginning October 1, 1996 and ending
September 30, 1997, shall be distributed to school
districts for services to five (5) year old children with
disabilities enrolled in kindergarten and to the division
for services to preschool children with disabilities pro
rata on the basis of the number of preschool children with
disabilities served by school districts and the number of
preschool children with disabilities served by the division
as of December 1, 1996;

(iv) Of the amounts remaining following
distribution under paragraphs (i) through (iii) of this
subsection:

(A) Eighty-five percent (85%) shall be
distributed to school districts and to the division in
accordance with 20 U.S.C. 1419(g)(1)(B)(i);

(B) Fifteen percent (15%) shall be
distributed to school districts and to the division based
upon the proportionate number of children living in
poverty, as determined by rule and regulation of the state
superintendent.

Section 2.  W.S. 21-2-705(a) is repealed.

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Section 3.  This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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