H.B. No. 0139

School finance amendments.

Sponsored By:        Joint Education Interim Committee

AN ACT relating to school finance; implementing 2005 recalibration modifications to the Wyoming education resource block grant model; imposing, modifying and clarifying duties of the secretary of state, state superintendent, department of education, school districts and the school facilities commission and specifying model recalibration parameters; eliminating superseded, superfluous and fully executed statutes; expanding mandatory school day of operation; providing for a summer school grant program; implementing a hold harmless provision; requiring additional education studies and reports; providing appropriations; and providing for effective dates.

2/13/2006   Bill Number Assigned

2/14/2006   H Received for Introduction

2/14/2006   H Introduced and Referred to H04

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused:  Representative(s) Jackson.

Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0

2/20/2006   H04 Recommended Amend and Do Pass

ROLL CALL

Ayes:  Representative(s) Bucholz, Goggles, Hammons, Harshman, Hinckley, McOmie, Quarberg, Semlek and Wasserburger

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/20/2006   H Placed on General File

2/20/2006   H Rereferred to H02

2/21/2006   H02 Recommended Do Pass

ROLL CALL

Ayes:  Representative(s) Berger, Jones, Jorgensen, Meuli, Petersen, Philp, Simpson and Warren

Ayes 8 Nays 0 Excused 0 Absent 0 Conflicts 0

2/21/2006   H Placed on General File

HB0139HS001/ADOPTED

That Substitute No. 1 for HB0139 DO Pass.  WASSERBURGER, CHAIRMAN

HB0139HW001/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 1-line 12          After ";" insert "providing for a review of school finance ruling;".

Page 59-After line 12 insert and renumber:

"Section 8.  [DISTRICT COURT DECISION REVIEW]

(a)  The management council shall through the joint education interim committee and the select school facilities committee, review the January 31, 2006, district court ruling resulting from litigation on school finance and school capital construction.  The review required under this section shall include a response to the following points referenced by the district court, to be presented in sufficient time for the development and submission of legislative recommendations, if necessary, for consideration by the legislature in the 2007 general session:

(i)  The at-risk proxies used in triggering at-risk program resources;

(ii)  Use of a twenty (20) year limitation on computing teacher seniority for resourcing teacher salaries;

(iii)  Use of the WCLI as the index for a regional cost adjustment to personnel resources;

(iv)  The method of incorporating an inflation factor within the external cost adjustment;

(v)  Resources funding school district utility costs;

(vi)  Resources provided for vocational education programs;

(vii)  Expansion of school facility adequacy standards to include cocurricular programs, long-distance learning rooms and computer rooms;

(viii)  Funding for utility lines to school sites as well as road construction to school sites if required by local ordinance;

(ix)  Review of excess capacity limitations imposed upon routine and major maintenance payments and ability of facility retrofitting to reduce excess capacity.".

Page 60-line 15         Delete "and" insert ","; after "8" insert "and 9".  WASSERBURGER

HB0139HW002/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 53-line 17         Delete "establish" insert "develop".

Page 53-line 20         Before "." insert ", for recommendation to the joint education interim committee".

Page 53-line 21         Delete "established" insert "developed".  SIMPSON

HB0139HW003/FAILED

[TO SUBSTITUTE BILL No. 1]

Page 53-line 24         After "." insert "In addition, the state superintendent shall include an analysis of the socio-economic impact of recommended school configuration guidelines on affected Wyoming communities.".

Page 54-line 8          Before "." insert "and upon Wyoming communities".

Page 57-line 6          Delete "Two hundred fifty thousand dollars ($250,000.00)" insert "Three hundred thousand dollars ($300,000.00)".  SIMPSON

HB0139HW004/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 57-After line 4 insert and renumber:

"(h)  On or before December 1, 2006, the department shall also report to the joint education interim committee and to the joint appropriations interim committee on the following based upon school year 2005-2006 actual data and to the extent possible, upon school year 2006-2007 actual and estimated data:

(i)  The methodology used to distribute federal special education funds and the amount distributed to each school district and to each developmental pre-school;

(ii)  The amount of state funds reimbursed to school districts under the Wyoming education resource block grant model pursuant to W.S. 21‑13‑309(m)(v)(E)(II) and 21‑13‑321, as amended under section 1 of this act;

(iii)  The amount of unexpended federal special education funds for each school district;

(iv)  The length of time school districts may keep federal special education funds and a description of the process by which these funds revert to the state and federal government;

(v)  If federal special education funds supplant or supplement state funds distributed through the Wyoming education resource block grant model or other providers through either the department of education or the department of health;

(vi)  The extent to which future federal funds may offset state special education expenditures."

Page 57-line 9          Delete "(g)" insert "(h)".  SIMPSON

HB0139HW005/FAILED

[TO SUBSTITUTE BILL No. 1]

Page 57-After line 4 insert and renumber:

"(h)  The department of education shall conduct a detailed analysis of school district revenues and expenditures for gifted and talented programs, including a review of program delivery and an evaluation of differences in programs provided within each district.  Following its review and analysis, the department shall report recommendations on gifted and talented programs and funding levels, including recommendations for criteria establishing an appropriate and equitable level of program delivery statewide.  The department shall report recommendations assembled under this subsection, together with accompanying fiscal information, to the joint education interim committee on or before December 1, 2006.".

Page 57-line 6          Delete "Two hundred fifty thousand dollars ($250,000.00)" insert "Three hundred thousand dollars ($300,000.00)".

Page 57-line 9          Delete "(g)" insert "(h)".  SIMPSON

HB0139HW008/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 1-line 12          After ";" insert "imposing district reporting requirements for litigation expenditures;".

Page 59-After line 22 insert and renumber:

"Section 9.  [REPORTING OF LITIGATION EXPENDITURES]

(a)  As a condition of receiving funds from the state under the Wyoming education resource block grant model enacted pursuant to this act, and of receiving funds from the state under W.S. 21‑15‑109 through 21‑15‑121 including state funds for major maintenance, each school district shall report to the department of education not later than the last business day of each month, the amount expended during the preceding calendar month for litigation against the state related to the school finance funding system and the system for school capital construction under the Campbell cases.  Commencing April 30, 2006, the reports shall be submitted by each district not later than the last business day of each month on the amount expended for litigation during the previous calendar month.  In addition, each district shall provide a report of school finance and capital construction litigation expenses incurred prior to March 31, 2006, covering the period of time beginning with the preparation for filing of the initial petition in district court resulting in the January 31, 2006, district court order.  This initial report shall be filed with the department on or before April 15, 2006.

(b)  The department shall compile district reports submitted under subsection (a) of this section and report the compilation to the joint education interim committee and the joint appropriations interim committee listing total district expenditures for litigation expenses related to the Campbell cases during the respective reporting period.  The initial report shall be made on or before May 1, 2006, followed by a report on November 1, 2006, and each November 1 thereafter.

(c)  For purposes of this section, amounts expended in litigation include but are not limited to attorney's fees, consultant's fees, travel expenses of attorneys, consultants and district board members or personnel related to such litigation, the cost of services of district personnel and administrative and support expenses related to such litigation, including printing, copying and communications charges.  In addition, districts shall include association fees and assessments paid by district funds which are related to such litigation.

(d)  The department shall specify the format and contents of the reports required under this section.  School districts shall provide information to the department in a timely manner necessary to conform with this section.".

Page 60-line 15         Delete "and" insert ","; after "8" insert "and 9".  LUTHI, WASSERBURGER

2/22/2006   H Passed CoW

2/23/2006   H Passed 2nd Reading

HB0139H3001/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 27-line 2          After "." insert "For purposes of the education resource block grant model, the version of the Wyoming cost-of-living index used by the division shall be based upon the unrecalibrated housing cost index weights unless otherwise determined by the legislature based upon recommendation of the joint education interim committee.  In addition,".  WASSERBURGER

HB0139H3002/ADOPTED

[TO SUBSTITUTE BILL No. 1]

Page 60-line 1          After "." insert "(a)".

Page 60-After line 8 insert:

"(b)  This section is effective immediately.".  MEULI

2/24/2006   H Passed 3rd Reading

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Morgan, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0

2/27/2006   S Received for Introduction

2/27/2006   S Introduced and Referred to S04

3/1/2006    S04 Recommended Amend and Do Pass

ROLL CALL

Ayes:  Senator(s) Boggs, Coe, Jennings, Peck and Townsend

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

3/1/2006    S Rereferred to S02

3/3/2006    S02 Recommended Do Pass

ROLL CALL

Ayes:  Senator(s) Anderson, J., Case, Hines, Job and Nicholas

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

3/3/2006    S Placed on General File

HB0139SS001/ADOPTED  (TO ENGROSSED COPY)

That Substitute No. 2 for HB0139 Engrossed DO PASS.  COE, CHAIRMAN

HB0139SW001/ADOPTED

[TO SUBSTITUTE BILL No. 2]

Page 77-after line 46   Insert:

"For all schools with 49 or fewer ADM within a district comprised solely of schools with 49 or fewer ADM, resource with 1 assistant principal position plus 1.5 FTE teacher positions for every 7 students for all staff;".  SCHIFFER

3/6/2006    S Passed CoW

HB0139S2002/ADOPTED

[TO SUBSTITUTE BILL No. 2]

Page 54-line 5          Delete "January 15" insert "February 15".  COE

HB0139S2003/ADOPTED

[TO SUBSTITUTE BILL No. 2]

Page 61-line 4          Delete "Two hundred fifty thousand dollars ($250,000.00)" insert "Three hundred fifty thousand dollars ($350,000.00)".

Page 61-line 7          Before "." insert "and to administer this act".  COE

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Peck, Peterson, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern.

Nays:  Senator(s) Scott.

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

3/7/2006    S Passed 2nd Reading

HB0139S3001.01/ADOPTED  (CORRECTED COPY)

[TO SUBSTITUTE BILL No. 2]

Page 2-line 1           After "expenditures;" insert "providing for a report on bureau of Indian affairs schools;".

Page 67-After line 21 insert and renumber:

"Section 12.

(a)  Notwithstanding 2006 House Bill 0001, all appropriations within that bill to the department of education for contracting with bureau of Indian affairs (BIA) schools addressing the special educational needs of Indian students shall be for the fiscal year commencing July 1, 2006, and ending June 30, 2007.

(b)  On or before December 1, 2006, the state superintendent of public instruction shall in consultation with the bureau of Indian affairs (BIA) school board of directors, provide a report on the feasibility of incorporating BIA schools into the Wyoming system of public school finance.  The report shall contain an analysis of existing funding sources and fund expenditures, the necessary steps to incorporate BIA schools into the state system of school finance and recommendations as to the advisability and methodology for including BIA schools within the system of school finance.  The report shall be submitted to the joint appropriations interim committee, the joint education interim committee and the select committee on tribal relations.

(c)  As part of the contract under which funds are provided by the department of education to the bureau of Indian affairs (BIA) schools, the joint business council shall agree to report to the joint appropriations interim committee, the joint education interim committee and the select committee on tribal relations on the expenditure of funds under subsection (a) of this section, provide information required to meet the purposes of the report required under subsection (b) of this section, and report on the impact of the expenditures on student performance.  A preliminary report on fund expenditures shall be made not later than December 1, 2006 and the final report shall be made not later than June 30, 2007.".  PECK, CASE, VASEY

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Peck, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.

Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0

HB0139S3001.02/FAILED  (CORRECTED COPY)

[TO SUBSTITUTE BILL No. 2]

Page 2-line 1           After "expenditures;" insert "providing for a report on bureau of Indian affairs schools;".

Page 67-After line 21 insert and renumber:

"Section 12.

(a)  The legislature finds that:

(i)  Conditions of severe unemployment, poverty and lack of adequate job skills exist on the Wind River Indian Reservation;

(ii)  Educational programs provided by the Eastern Shoshone and the Northern Arapaho Indian Tribes address these conditions on the reservation;

(iii)  The Shoshone and Arapaho Indian Tribes are sovereign nations whose members are also citizens of the United States and citizens of Wyoming;

(iv)  With assistance from the state of Wyoming, the joint business council of the Eastern Shoshone and Northern Arapaho Indian Tribes will be capable of continuing efforts to address conditions existing on the reservation through the provision of programs addressing the special educational needs of Indian students.  The maintenance of these special educational programs unique to Indian students is of mutual benefit to the tribes and to the state, reducing future financial needs of those students as tribal members and as Wyoming residents for public education, job services, substance abuse services and income supplements.".  PECK, CASE, VASEY

HB0139S3002/FAILED

[TO SUBSTITUTE BILL No. 2]

Page 67-line 22         After "12." Insert "(a)".

Page 68-After line 5 insert and renumber:

      "(b)  Eight million two hundred thousand dollars ($8,200,000.00) is appropriated from the public school foundation program account to the department of education for distributions to school districts during school year 2007-2008 in accordance with this subsection which are in addition to the foundation program amount computed for each district under W.S. 21‑13‑309(p), as amended by section 1 of this act.  Distributions under this appropriation shall be computed by the department for each school district as if the education resource block grant model for school year 2007-2008 contained a value of forty-four thousand seven hundred eighty-nine dollars ($44,789.00) for the statewide average teacher salary component, and a value of forty-six thousand dollars ($46,000.00) for the statewide average teacher salary component with five (5) extra professional development days.". MEIER

ROLL CALL

Ayes:  Senator(s) Aullman, Barrasso, Burns, Job, Johnson, Massie, Meier, Peterson, Scott and Sessions.

Nays:  Senator(s) Anderson, J., Boggs, Case, Coe, Cooper, Geis, Hanes, Hawks, Hines, Jennings, Larson, Mockler, Nicholas, Peck, Ross, Schiffer, Townsend, Vasey and Von Flatern.

Conflicts:  Senator(s) Decaria

Ayes 10 Nays 19 Excused 0 Absent 0 Conflicts 1

3/8/2006    S Passed 3rd Reading

ROLL CALL

Ayes:  Senator(s) Anderson, J., Aullman, Barrasso, Boggs, Burns, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Peck, Peterson, Ross, Scott, Townsend, Vasey and Von Flatern.

Nays:  Senator(s) Case, Schiffer and Sessions.

Ayes 27 Nays 3 Excused 0 Absent 0 Conflicts 0

3/9/2006    H Received for Concurrence

3/9/2006    H Did Concur

ROLL CALL

Ayes:  Representative(s) Alden, Anderson, R., Bagby, Barnard, Berger, Brechtel, Brown, Buchanan, Bucholz, Childers, Cohee, Davison, Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons, Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jones, Jorgensen, Landon, Lockhart, Lubnau, Luthi, Martin, McOmie, Mercer, Meuli, Miller, Olsen, Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson, Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger, Watt, White and Zwonitzer.

Excused:  Representative(s) Jackson and Morgan.

Ayes 58 Nays 0 Excused 2 Absent 0 Conflicts 0

3/9/2006    Assigned Number HEA No. 0023

3/10/2006   H Speaker Signed HEA No. 0023

3/10/2006   S President Signed HEA No. 0023

3/10/2006   Governor Signed HEA No. 0023

3/10/2006   Assigned Chapter Number

Chapter No. 0037  Session Laws of Wyoming 2006.