|
H.B. No. 0127 |
School finance recalibration. |
Sponsored By: Select Committee on
School Finance
AN ACT relating to school finance;
implementing 2010 recalibration modifications to the Wyoming education resource
block grant model; eliminating superfluous and fully executed provisions;
modifying the early reading program; clarifying reimbursable expenditures;
1/12/2011 Bill Number Assigned
1/13/2011 H Received for Introduction
1/14/2011 H Introduced and Referred to H04
1/24/2011 H04 Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Brechtel, Burkhart,
Connolly, Freeman, Kroeker, Krone, Loucks, Madden and Teeters
Ayes 9 Nays
0 Excused 0 Absent 0 Conflicts
0
1/24/2011 H
Placed on General File
1/24/2011 H
Rereferred to H02
1/26/2011 H02
Recommended Do Pass
ROLL
CALL
Ayes: Representative(s) Berger,
Ayes 7 Nays
0 Excused 0 Absent 0 Conflicts
0
1/26/2011 H
Placed on General File
HB0127HS001/ADOPTED
Page 1-line 9 After ";" insert "providing
an appropriation; authorizing positions;"; delete "an"; delete "date"
insert "dates".
Page 2-line 1 Delete "and" insert ",";
after "(xvii)" insert "and (c)".
Page 9-line 17 Reinsert stricken "eighty-five
percent (85%) of".
Page 10-line 3 Delete "one hundred percent (100%)" insert "eighty-five percent (85%)".
Page 10-line 5 After "." insert "At a minimum,
the improvement plan shall outline the district's general strategy for
increasing reading proficiency for the next school year and shall specifically
address the student-teacher ratio, the use of certified tutors and the use of
instructional facilitators in kindergarten through grade three (3) in all
schools within the district.".
Page 10-line 19 After "law" insert ","; strike "and"
insert "on file with the secretary of state and".
Page 11-After line 7 insert:
"(c) The secretary of state
shall maintain and make available for public inspection in a hardcopy or
electronic format, as applicable, or both, during regular business hours, The education resource block grant
model as defined under paragraph (a)(xiv) of this section and as included in "Attachment
A" referenced in paragraph (a)(xvii) of this section, and "Attachment
B" referenced in paragraph (a)(xviii) of this section, as each
are enacted into law, and including any technical correction which may be
implemented by rule and regulation of the state superintendent and under W.S. 21‑2‑202(e),
shall be filed with the secretary of state. pursuant to W.S. 21‑2‑202(e).".
Page 13-line 12 Strike "and" insert ",";
reinsert stricken "on file with the".
Page 13-line 13 Reinsert stricken "secretary of
state" insert "and".
Page 23-line 13 Delete "and (c)".
Page 24-line 12 After "4." Insert:
"(a) For the period
commencing upon the effective date of this section and ending June 30, 2012,
three hundred fifty thousand dollars ($350,000.00) is appropriated from the
public school foundation program account to the department of education to
carry out duties imposed upon the state superintendent under W.S. 21‑2‑202(a)(xxxii),
as amended by section 1 of this act. In
addition, the state superintendent is authorized an additional two (2)
full-time positions, together with position support costs, originally funded as
at-will positions under 2010 Wyoming Session Laws, Chapter 39, Section
334(f)(i). These full-time positions and
the amounts appropriated under this subsection shall be expended only for
implementation of W.S. 21‑2‑202(a)(xxxii), as amended under section
1 of this act.
Page 25-line 1 After "5." Insert "(a) Except as provided under
subsection (b) of this section,".
Page 25-After line 1 insert:
"(b) Notwithstanding
subsection (a) of this section, section 4 of 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
Page 30-line 41 After "." insert "Any
building without allowable gross square footage for purposes of major
maintenance computations under W.S. 21‑15‑109 shall use the actual
educational gross square footage as approved by the school facilities
commission.".
Page 31-line 23 After "Utilities:" delete
balance of line and insert "Actual 2009‑2010 expenditures by
district. For additional school
buildings added to district building inventories after 2009‑2010, 100% of
2009‑2010 district average utility expenditures per gross square foot for
district school buildings multiplied by the additional authorized educational
square footage.".
Page 31-lines 24 and 25 Delete.
Page 31-line 36 Delete "147" insert "243". TEETERS,
CHAIRMAN
HB0127HW001/ADOPTED
Page 1-line 5 After
"clarifying" insert "and modifying".
Page 2-line 3 After
"21‑13‑320" insert "(b)(intro) and".
Page 18-After line 14 insert:
"(b) There shall be an amount computed for
each school district equal to the assigned percentage of the base price amount
for bus purchase and lease payment expenditures made by the district during the
previous school year pursuant to subsection (g) of this section, one hundred
percent (100%) of the amount actually expended by the district during the
previous school year under subsection (c) of this section, and ninety percent
(90%) of the amount actually expended by the district during the previous
school year for:".
STUBSON
HB0127HW002/FAILED (CORRECTED COPY)
Page 1-line 5 After "program;" insert "providing
for student enrichment instruction;".
Page 1-After line 12 insert and
renumber:
"Section
1. W.S. 21‑13‑336 is created to read:
21‑13‑336. Supplemental
financial assistance for student enrichment instruction.
(a) The supplemental financial
assistance program for student enrichment instruction is established to augment
resources within the education resource block grant model for provision of
student enrichment instruction provided during summer sessions beyond the
required school year under W.S. 21‑13‑307(a)(ii) or occurring on
days other than regular school days as specified in W.S. 21‑13‑334(c).
The program shall also be limited to programs complying with program
requirements and criteria established by rule and regulation of the
department. The department may provide
technical assistance to districts in supplemental assistance application under
this section and in program development and implementation, focusing on program
curriculum, instruction, assessment and accountability.
(b) Each year, any school district
may apply to the department of education for supplemental assistance under this
section on or before April 15.
Application shall be on a form and in a manner prescribed by the
department and at minimum, shall include:
(i) A description of program
content including enrichment learning strategies to be employed;
(ii) Evidence that proposed
enrichment learning strategies included in the instructional program are
research-based;
(iii) Documentation of the use of
any national sources for discovering, establishing and implementing
research-based instructional practices;
(iv) A plan for evaluating
participating student progress and analyzing the effectiveness of the enrichment
instruction program.
(c) On or before May 15 of each
year, application review by the department shall be completed and selected
districts shall be notified of any estimated assistance allocation to be made
available to the district for the applicable school session. Supplemental assistance allocations shall be
determined from among all applications filed with the department based upon the
extent to which the applicant district program complies with the following criteria:
(i) Research-based, quality instructional
opportunities provided for students to meet or exceed state and local academic
program standards through academic enrichment supporting student learning and
development, which reinforce and complement regular academic programs;
(ii) Linkage of program components
to academic standards;
(iii) Learning opportunities and
activities available under the program are clearly distinguishable and
different from district programs offered during the regular school day or
during the regular school year;
(iv) Evaluation instruments and
processes to be implemented and established for determining program
effectiveness.
(d) Financial assistance to each
district selected under subsection (c) of this section shall be made by the
department from amounts appropriated by the legislature to the foundation
program account for purposes of the program established by this section and
shall be in addition to and not considered in determining the school foundation
program amount under W.S. 21‑13‑309. District expenditure of amounts distributed
under this section shall be solely for district enrichment instruction in
accordance with program documentation submitted by the district under
subsection (b) of this section.
Assistance shall be available to recipient districts during the school
session for which application is made, and shall be distributed periodically by
the department on a payment schedule established by the department and the
recipient district as necessary to reimburse the district for incurred program
costs, provided the total amount reimbursed to that district does not exceed
the total amount established by the department as that district's portion of
the total legislative appropriation for the applicable school session.
(e) Each recipient district shall
report to the department of education on expenditures of amounts distributed
under this section together with additional information required by the
department on enrichment strategies employed by the district, the impact of the
program on student performance and an evaluation of the effectiveness of the
enrichment strategies employed by the recipient district, as follows:
(i) On or before October 1
following the summer session for each recipient district that received funding
under this section for a summer program beyond the required school year under
W.S. 21‑13‑307(a)(ii); or
(ii) On or before May 1 of the
school year for which supplemental assistance is received for each recipient
district that received funding under this section for a program occurring on
days other than regular school days as specified in W.S. 21‑13‑334(c);
and
(iii) If the recipient district
received prior student enrichment assistance from the department, the report
shall include an analysis and evaluation of program impact on student
performance and enrichment strategies over the combined period of time the
district operated the program using state funds specific to this program.
(f) The department shall annually
compile the information reported by districts under this subsection and submit
the compilation to the joint education interim committee together with
information reported pursuant to W.S. 21‑13‑309(u).".
Page 23-After line 14 insert and renumber:
"Section
4. For the period beginning on the effective date of section 1
of this act and ending June 30, 2012, four hundred fifty thousand dollars
($450,000.00) is appropriated from the public school foundation program account
to the department of education to be expended as necessary to implement W.S. 21‑13‑336
as created by section 1 of this act.".
Page 25-line 1 Delete standing committee amendment
(HB0127HS001/A) to this line and further amend as follows: delete "Section 5." insert "Section 7. (a)Except as provided by subsection (b) of
this section,".
Page 25-After line 1 Delete standing committee amendment
(HB0127HS001/A) to this line and insert:
"(b) Notwithstanding
subsection (a) of this section, sections 1, 4 and 6 of this act are effective immediately
upon completion of all acts necessary for a bill to become law as provided by
Article 4, Section 8 of the
HB0127HW003/FAILED
Page 1-line 5 After "expenditures;"
insert "establishing a grant program to supplement funds available to
school district for school resource officers;".
Page 1–line 9 In the standing committee amendment
(HB0127HS001/A) to this line delete "an appropriation" insert "appropriations".
Page 24-After line 23 Insert and renumber:
"Section
5.
(a) For the period beginning
July 1, 2011, and ending June 30, 2012, five hundred thousand dollars
($500,000.00) is appropriated from the school foundation program account to the
department of education to distribute grants to school districts to supplement
available funds for the employment and support of school resource officers
within the district. Grants to districts
shall be in accordance with this section, and shall supplement costs to
districts for the provision of school-based law enforcement officers and other school-based security
or safety professionals for the protection and safety of students, faculty and
staff attending or employed within the schools of the district.
(b) Application shall be
submitted by a district on a form, in a manner and within an established time
frame developed by rule and regulation of the department of education, subject
to grant eligibility criteria as prescribed by department rule and regulation
which at minimum, shall:
(i) Require
employment by the applicant district of a school resource officer in the school
year prior to application;
(ii) Require
the district to file
its safety and security plan with the department, identifying how the district
would deploy grant funds and describing the impact of the program on school
operations;
(iii) Restrict
expenditure of grant amounts to costs of employing school resource officers and
shall not permit expenditure for safety and security equipment and other
related capital outlays;
(iv) Require
the district to report any federal funds available to the applicant district
for the costs of employing school resource officers within its schools.
(c) The department shall
establish a method to prioritize applications received from districts under
this section, and shall determine the grant award amount for each applicant
based upon the safety and security program implemented by the district, the use
of program criteria and training recommended by the national association of
resource officers and other criteria as may be established by the
department. Grants awarded to any district
shall be distributed by the department in sufficient time for use by the
district during school year 2011‑2012, and shall:
(i) Supplement
district safety and security programs;
(ii) Not
exceed fifty thousand dollars ($50,000.00) for any one (1) district;
(iii) Be in addition to and shall not
be considered in determining the school foundation program amount under the
education resource block grant model pursuant to W.S. 21‑13‑309;
(iv) Not
duplicate any federal funds available to the district for school resource
officers;
(v) Require
each recipient
district to report to the department of education on expenditures of grants
awarded under this section, together with additional information required by
the department, in sufficient time to comply with subsection (d) of this
section.
(d) On or before November 1,
2011, the department
shall compile the information reported by districts under this subsection and
report the compilation to the joint education interim committee. Based upon this compilation and upon data
substantiating the use of school resource officers as part of school safety and
security programs, the department shall also provide recommendations to the
committee on continuation of the program, and if the recommendation is for
program continuation, provide recommendations on future program structure and
funding.".
Page 25-line 1 In the Lubnau committee of the whole amendment
(HB0127HW002/AC) to this line delete "Section
7" insert "Section 8". CRAFT, CONNOLLY, KRONE
1/27/2011 H
Passed CoW
HB0127H2001/ADOPTED
Delete
the Stubson Committee of the Whole amendment (HB0127HW001/A). Further amend as follows:
Page
1-line 5 After "clarifying"
insert "and modifying".
Page
2-line 3 After "21‑13‑320"
insert "(b) and".
Page
18-After line 14 insert:
"(b) There shall be an amount computed for
each school district equal to the assigned percentage of the base price amount
for bus purchase and lease payment expenditures made by the district during the
previous school year pursuant to subsection (g) of this section, one hundred
percent (100%) of the amount actually expended by the district during the
previous school year under subsection (c) of this section and for the following
amounts:
(i) One hundred percent (100%) of the amount actually expended by
the district during the immediately preceding school year for the maintenance and operation of
transportation routes for transporting school children to and from school; and
(ii) Ninety percent (90%) of the amount actually expended by the
district during the immediately preceding school year for the transportation of students to and
from student activities authorized by department of education rules. For the purpose of this paragraph, student
activities means athletic and nonathletic activities sanctioned by the
1/28/2011 H
Passed 2nd
HB0127H3001/FAILED
Page
1-line 5 After "program;"
insert "modifying the required minimum school year as specified;".
Page
1-line 9 In the House Standing
Committee amendment (HB0127HS001/A) to this line, delete "an appropriation"
insert "appropriations".
Page 1-line 15 After "," insert "21‑2‑304(b)(viii),".
Page 1-line 17 After "21‑3‑401,"
insert "21‑4‑301,".
Page
2-line 1 After "(xvii),"
insert "21‑13‑307(a)(ii)(intro),".
Page 6-After line
24 insert:
"21‑2‑304. Duties of
the state board of education.
(b) In addition to subsection (a) of this
section and any other duties assigned to it by law, the state board shall:
(viii) Approve or disapprove alternative
scheduling for school districts requesting to operate for fewer than one hundred seventy‑five (175) one hundred ninety (190) days in any school year, but no schedule shall be approved
which reduces the pupil‑teacher contact time defined by the state board;".
Page 10-After line 5 insert:
"21‑4‑301. Schools to
be free and accessible to all children; minimum school year.
Except as
otherwise provided by law, the public schools of each school district in the
state shall at all times be equally free and accessible to all children
resident therein of five (5) years of age as of September 15 of the applicable
school year and under the age of twenty‑one (21), subject to regulations
of the board of trustees. Each school district shall operate its schools and
its classes for a minimum of one hundred seventy‑five
(175) one hundred ninety (190)
days each school year unless an alternative schedule has been approved by the
state board. Prior to submission of a
proposed alternative schedule to the state board, the board of trustees shall
hold at least two (2) advertised public meetings within the district, at which
the board shall present the proposed alternative schedule and respond to public
questions and comments. Any school
district operating under an alternative schedule shall annually evaluate the
effectiveness of that schedule in meeting the educational goals and purposes for
which the schedule was adopted.".
Page 11-Before line 9 insert:
"21‑13‑307. Eligibility
to share in distribution of money from foundation account; mandatory financial
reporting.
(a) Each district which meets the
following requirements is eligible to share in the distribution of funds from
the foundation account:
(ii) Operated all schools for a term of at
least one hundred eighty-five (185) one hundred ninety-eight (198) days or the number
of days or equivalent hours authorized under an alternative schedule approved
by the state board during the previous school year. If the school term of any school in a
district was less than one hundred eighty-five
(185) one hundred ninety-eight (198)
days or less than the total number of days authorized under an alternative
schedule approved by the state board, the amount allotted per average daily
membership (ADM) under W.S. 21‑13‑309 for the school shall be in
proportion to the length of the term the school actually operated, unless
caused by closures of schools:".
Page 24-After line 23 insert:
"(c) For the period beginning July 1,
2011, and ending June 30, 2012, up to forty million dollars ($40,000,000.00) is
appropriated from the school foundation program account to be expended solely
for the costs of extending the minimum school year as required under section 1
of this act for school year 2011‑2012.". HARSHMAN
HB0127H3002/ADOPTED
Page 29-line 13 After ":" delete balance of
line and insert "$291.90/ADM.".
Page 29-lines 14 through 27 Delete.
HARSHMAN
HB0127H3003/FAILED
Page 31-lines 34 through 46 Delete entirely including the Standing
Committee Amendment (HB0127HS001/A) to line 36, and insert: "For all schools with 49 or fewer ADM
within a district comprised solely of schools with 49 or fewer ADM and in lieu
of all other staff resources, resource with 1 assistant principal position plus
1.5 teacher positions for every 7 students for all staff;". HARSHMAN
HB0127H3004/FAILED
Delete the Stubson Committee of
the Whole amendment (HB0127HW001/A).
Delete the Harshman Second
Reading Amendment (HB0127H2001/A).
HARSHMAN
HB0127H3005/ADOPTED
Delete the Stubson Committee of
the Whole amendment (HB0127HW001/A)
Delete
the Harshman Second Reading amendment (HB0127H2001/A). Further amend as follows:
Page 1-line 5 After "clarifying" insert "and
modifying".
Page 2-line 3 After "21‑13‑320"
insert "(b)(intro), by creating a new paragraph (iii) and".
Page 18-After line 14 insert:
"(b) There shall be an amount computed for
each school district equal to the assigned percentage of the base price amount
for bus purchase and lease payment expenditures made by the district during the
previous school year pursuant to subsection (g) of this section, one hundred
percent (100%) of the amount actually expended by the district during the
previous school year under subsection (c) of this section and except as provided under paragraph (iii) of this subsection, for:
(iii) Effective school year 2011‑2012
and each school year thereafter, expenditures of amounts reimbursed under
paragraphs (i) and (ii) of this subsection shall be considered in future
computations of amounts reimbursed as follows:
(A) If for any school year a
district actually expends less than the amount reimbursed for that school year,
the amount reimbursed for the immediately succeeding school year shall be based
upon the amount reimbursed for that school year regardless of expenditures;
(B) If
for any school year a district actually expends more than the amount reimbursed
for that school year, the amount reimbursed for the immediately succeeding
school year shall be reduced by an amount equal to one-half (1/2) of the
difference between the amount actually expended for that school year and the
amount reimbursed for that school year.".
KROEKER
HB0127H3006/ADOPTED
Page 1-line 5 After "expenditures;"
insert "imposing specified student-teacher ratios;".
Page 2-line 1 Before "21‑13‑309"
insert "21‑13‑307(a) by creating a new paragraph (iv),".
Page 11-Before line 9 insert:
"21‑13‑307. Eligibility
to share in distribution of money from foundation account; mandatory financial reporting.
(a) Each district which meets the
following requirements is eligible to share in the distribution of funds from
the foundation account:
(iv) The district shall provide
evidence to the state superintendent that the district maintains a student-teacher
ratio of not greater than sixteen (16) to one (1) for all classes in
kindergarten through grade three (3) in the district. The requirement of this
paragraph may be waived on an annual basis by the state board if the district
has petitioned for and the state board has approved the waiver. Waivers under this paragraph shall be limited
to extraordinary circumstances related to school facility capacity or for other
reasons related to the delivery of the education program to students.". TEETERS
HB0127H3007/ADOPTED
Page 1-line 5 Before "establishing"
insert "prohibiting specified district expenditures;".
Page 2-line 3 After "(u)," insert "21‑13‑311
by creating a new subsection (c),".
Page 18-After line 9 insert:
"21‑13‑311. Determination of amount to be distributed to each district
from foundation account; undistributed balance; prohibition on expenditures.
(c) Effective
school year 2011‑2012 and each school year thereafter, no foundation
program funds distributed under subsection (a) of this section shall be
expended by any district for conducting random drug testing of students within
the district without prior approval of the student's parents.". TEETERS
HB0127H3008/FAILED
Page 1-line 5 After "expenditures;" and
after the Teeters Third Reading Amendment (HB0127H3006/A) to this line, insert "imposing
requirements on use of tutors;".
Page 2-line 1 In the Teeters Third Reading
Amendment (HB0127H3006/A) to this line, after "(iv)" insert "and
by creating a new subsection (c),".
Page 11-before line 9 and after
the Teeters Third Reading Amendment (HB0127H3006/A) to this line, insert:
"21‑13‑307. Eligibility
to share in distribution of money from foundation account; mandatory financial
reporting.
(c) Effective
for school year 2011‑2012 and each school year thereafter, in addition to
subsection (a) of this section and for purposes of eligibility to receive
foundation program funds, each district shall provide evidence to the state
superintendent that the district, from amounts resourced to the district through
the education resource block grant model for at-risk student populations
identified under W.S. 21‑13‑309(m)(v)(A), has expended at-risk
funds for use of certified tutors in accordance with strategies embedded within
the model for addressing the needs of students not performing at proficient
levels. Upon petition by a district, the
state superintendent may waive the requirements of this subsection based upon
the inability to employ certified staff for this purpose or other reasons
substantiated by the district.". HARSHMAN
HB0127H3009/ADOPTED
Delete the Harshman Third
Reading Amendment (HB0127H3002/A).
Further amend as follows:
Page 29-line 17 Delete "$24.29/ADM" insert "$24.05/ADM".
Page 29-line 19 Delete "799.01/ADM" insert "$791.02/ADM".
Page 29-line 20 Delete "$206.44/ADM" insert "$204.38/ADM".
Page 29-line 23 Delete "$2,059.69/ADM" insert
"$2,039.09/ADM".
Page 29-line 24 Delete "$607.15/ADM" insert "$601.08/ADM".
Page 29-line 27 Delete "$291.90/ADM" insert "$288.98/ADM". BROWN, STEWARD
1/31/2011 H
Passed 3rd
ROLL
CALL
Ayes: Representative(s) Barbuto, Berger, Blake,
Blikre, Bonner, Botten, Brechtel, Brown, Burkhart, Byrd, Campbell, Cannady,
Childers, Craft, Edmonds, Eklund, Esquibel, K., Freeman, Gay, Gingery, Goggles,
Greear, Greene, Harshman, Harvey, Illoway, Jaggi, Kasperik, Kroeker, Krone,
Lockhart, Loucks, Madden, McOmie, Miller, Moniz, Nicholas, B., Patton,
Pederson, Petersen, Petroff, Quarberg, Roscoe, Semlek, Shepperson, Steward,
Stubson, Teeters, Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Buchanan, Connolly,
Davison, Hunt, Lubnau, McKim and Peasley
Ayes 53 Nays
7 Excused 0 Absent 0 Conflicts
0
2/2/2011 S Received for Introduction
2/2/2011 S Introduced and Referred to S04
2/7/2011 S04 Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Barnard, Coe,
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/7/2011 S
Placed on General File
2/8/2011 S
Rereferred to S02
2/15/2011 S02
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Hastert, Meier, Nicholas, P.,
Peterson and Von Flatern
Ayes 5 Nays
0 Excused 0 Absent 0 Conflicts
0
2/15/2011 S Placed on General File
HB0127SS001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 8 After "(intro)," insert "(ii),".
Page
9-line 19 After "progress"
insert "of each of its schools".
Page
10-line 6 Delete "district" insert "school".
Page
12-line 17 Delete "a" insert "an
average".
Page
12-line 19 After "for" insert "the
aggregate of".
Page 21-After line 7 insert:
"(ii) The transportation of students to and
from student activities authorized by department of education rules. For the purpose of this paragraph, student
activities means athletic and nonathletic activities sanctioned by the . and". COE, CHAIRMAN
HB0127SS002/ADOPTED (TO ENGROSSED COPY)
Page 3-line 23 After "(xxxii)" delete balance of line and insert "In consultation with the office of the chief information
officer and through a single repository, establish criteria and guidelines for
the collection, storage, management and reporting of data related to teacher
certification and the administration of the school finance system.".
Page 3-line 24 Delete.
Page 4-lines 1 through 3 Delete.
Page 7-line 11 Delete "rules and regulations of" insert "criteria and guidelines established by".
Page 28-line 9 After "." delete balance of
line, insert and renumber:
"(b) In addition to
subsection (a) of this section and for purposes of implementing W.S. 21‑2‑202(a)(xxxii),
as amended under section 1 of this act, in multiple phases, the state
superintendent is authorized:
(i) For the period commencing on
the effective date of this section and ending June 30, 2012, one (1) at-will
position to be funded from amounts appropriated to the Wyoming professional
teaching standards board from within the special reserve fund account under
2010 Wyoming Session Laws, Chapter 39;
(ii) For the period commencing
July 1, 2011, and ending June 30, 2012, and from within existing department
funds, the continuation of one (1) of the two (2) at-will positions originally
funded under 2010 Wyoming Session Laws, Chapter 39, Section 334(f)(i).".
Page 28-lines 10 through 17 Delete.
Page 28-line 19 Delete
"(b)" insert "(c)".
NICHOLAS, CHAIRMAN
HB0127SW001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 5 Delete "and modifying".
Page 2-line 8 Delete including the First Senate standing
Committee Amendment (HB0127SS001/AE) to this line and insert: "21‑13‑320(f),".
Page 2-line 9 Delete "(f),".
Page 20-lines 23 and 24 Delete.
Page 21-lines 1 through 24 Delete including the First Senate Standing Committee
Amendment (HB0127SS001/AE) to these lines.
Page 22-lines 1 through 3 Delete.
VON FLATERN
HB0127SW003/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 20-line 16 After "parents"
insert "or without a drug testing policy
established and approved by the school district board". VON FLATERN
HB0127SW005/ADOPTED (TO ENGROSSED COPY)
Page 13-line 1 After "capacity" insert ",
demonstration of positive student achievement". NICHOLAS
HB0127SW006/ADOPTED (TO ENGROSSED COPY)
Page 1-line 6 After "expenditures;"
insert "modifying foundation account payment and recapture schedules and
advance payments as specified;".
Page 2-line 4 After "(c)," insert "21‑13‑102(b),".
Page 2-line 7 After "(d"," insert "21‑13‑313(c)
and (g),".
Page 12-after line 6 insert:
"21‑13‑102. Maximum rate
of school district tax; recapture of excess.
(b) Except as otherwise provided by law,
on January 15, March 15 and May 15 of
each year, in
equal payments of twenty-five percent (25%) fifty percent (50%) and
the balance to be paid on June 15, each school district shall rebate to the
department of education as of
the amount by which the revenue from the sources provided by W.S. 21‑13‑310
exceeds the foundation program costs determined under W.S. 21‑13‑309,
shall be rebated to the department of education by
each school district subject to this subsection. The balance of this amount shall be rebated
to the department on or before June 15 of each year. The amount to be rebated shall be
estimated to the districts on or before August 15 and as subsequently certified
to the districts on or before March 1 of the current fiscal year under
subsection (e) of this section, to be credited to the public school foundation
program account defined in W.S. 21‑13‑101(a)(ix).".
Page 20-after line 16 insert:
"21‑13‑313. Distribution
of funds from foundation account; property tax and cash reserve adjustment;
regulations.
(c) One-third (1/3) Fifteen percent (15%) of each district's entitlement shall
be paid to the district on August 15 of each year. and subject
to any adjustment under subsections (d) and (e) of this section, ten percent (10%) of each district's entitlement shall be
paid on or about the fifteenth day of October
and February, each month through April of
each year. The final payment for
the balance of the entitlements each district's entitlement shall be distributed in equal payments on
or before May 15 of each year. If, after March 1 and before April 1,
the state superintendent determines that the entitlement to be paid to a district for that school year is
not accurate, the state superintendent shall make
additional adjust payments to
or require payments from that district
as necessary to correct the inaccuracy as soon as practicable. Except as
provided under W.S. 21‑2‑202(e), after March 31 of any school year,
the state superintendent shall not adjust any district's entitlement or fiscal
information used to compute a district's entitlement for that school year, and
the entitlement or fiscal information shall only be adjusted thereafter in accordance
with audit review pursuant to W.S. 9‑1‑513.
(g) In addition to subsections (b) and
(c) of this section, the state superintendent shall for any district subject to W.S. 21‑13‑102(b) as determined by
the department for any school year submitting
application to the department on or before July 15 demonstrating a financial
burden and need pursuant to department criteria, provide payments
from the school foundation program account in an amount equal not
to exceed one-third (1/3) of the
foundation program amount computed for that district for that school year in
accordance with W.S. 21‑13‑309.
The computed amount shall be paid to each eligible applicant district on August 15 based upon
tentative computations under W.S. 21‑13‑309, for which the department
may use fiscal information available from foundation program computations for
the previous school year in the manner provided under subsection (b) of this
section. Any eligible
applicant district receiving a payment under this subsection shall
repay the foundation program account by on or before June 15 of that school year, together with interest at a rate equal to the rate
specified under W.S. 21‑13‑316(a).". NICHOLAS, COE, ROTHFUSS
2/18/2011 S
Passed CoW
HB0127S2001/ADOPTED (TO ENGROSSED COPY)
Page 12-line 17 Delete "maintains" insert "has
maintained".
Page 12-line 20 After "district"
insert "in the preceding school year".
Page 12-lines 21 through 24 Delete and insert: "waived by the state board for extraordinary circumstances
related to school facility capacity, demonstration of positive student
achievement or for other reasons related to the delivery of the education
program to students. The department
shall compute the student-teacher ratio and report it to each district and the
board not later than March 1 of each year.
To obtain a waiver under this paragraph, a school district shall apply
to the state board not later than March 15 of each year. The application shall be based on the
student-teacher ratio reported by the department of education, together with
any other information required by the state board. The state board shall approve or deny an
application for a waiver under this paragraph not later than April 10 of that
year. A waiver approved under this
paragraph shall be effective for the school year immediately following the
application and approval.".
Page 13-lines 1 and 2 Delete including the First Nicholas Committee
of the Whole Amendment (HB0127SW005/AE) to these lines. VON FLATERN
HB0127S2002/ADOPTED (TO ENGROSSED COPY)
Page 9-line 9 Delete "or group".
Page 9-line 11 After "program" insert ", which may include a group reading plan". SCOTT
HB0127S2003/ADOPTED (TO ENGROSSED COPY)
Page 1-line 6 Delete "imposing" insert "requiring
a plan for".
Page 2-line 4 Delete "21‑3‑307(a)
by creating".
Page 2-line 5 Delete "a new paragraph (iv),".
Page 12-lines 8 through 24 Delete including the First Senate Standing
Committee Amendment (HB0127SS001/AE) and the Von Flatern Second Reading
Amendment (HB0127S2001/AE) to these lines.
Page 13-lines 1 and 2 Delete including the First Nicholas Committee
of the Whole Amendment (HB0127SW005/AE) to these lines.
Page 29-after line 6 Insert and renumber:
"Section
5.
(a) Each district shall provide to
the state department of education, the joint education interim committee and
the joint appropriations committee, no later than October 1st, 2011,
a report which includes the following information:
(i) A plan using existing
resources to provide, beginning in the 2012-2013 school year, a student-teacher
ratio no greater than sixteen (16) to one (1) for all classes in kindergarten
through grade three (3);
(ii) A basis for any exceptions
that would be required for any reason should the legislature mandate the
student-teacher ratio specified in subsection (a) of this section; and
(iii) A showing that student
performance would not be affected by any class configuration not meeting the
student-teacher ratio specified in subsection (a) of this section.".
Page 29-line 8 Delete "5" insert "6".
NICHOLAS
2/22/2011 S
Passed 2nd
HB0127S3001/ADOPTED (TO ENGROSSED COPY)
Page 12-After line 6 Delete the Nicholas Committee of the Whole
Amendment (HB0127SW006/AE) to this line and further amend as follows: insert:
"21‑13‑102. Maximum rate
of school district tax; recapture of excess; equalization of permissive levies.
(b) Except as otherwise
provided by law, On January 15, March 15 and May 15
of each school year:
(i) in equal
payments of twenty-five percent (25%) and the balance to be paid on June 15,
each school district shall rebate to the department of education the amount by
which the revenue A school district whose
revenues from the sources provided by W.S. 21‑13‑310 exceeds exceed
the foundation program costs determined under W.S. 21‑13‑309 by more than three hundred percent (300%), as
estimated to the districts on or before August 15 and as subsequently certified
to the districts on or before March 1 of the current fiscal year under
subsection (e) of this section, to shall rebate fifty percent (50%) of the excess revenues to
the department of education. The balance
of the excess revenues shall be rebated to the department on or before June 15
of that school year;
(ii) A school district
whose revenues specified under W.S. 21‑13‑310 for any school year
exceed the foundation program costs determined under W.S. 21‑13‑309
by three hundred percent (300%) or less, as estimated and certified under
subsection (e) of this section, shall rebate forty percent (40%) of the excess
revenues to the department by January 15 of the applicable school year. The balance of the excess revenues shall be
rebated to the department on or before June 15 of the applicable school year;
(iii) Amounts rebated under
paragraphs (i) and (ii) of this subsection shall be credited to the public school
foundation program account defined in W.S. 21‑13‑101(a)(ix).".
Page 20-After line 16 Delete the Nicholas Committee of the Whole
amendment (HB0127SW006/AE) to this line and further amend as follows: insert:
"21‑13‑313. Distribution
of funds from foundation account; property tax and cash reserve adjustment;
regulations.
(c) One-third (1/3) Fifteen percent (15%) of each district's entitlement shall
be paid to the district on or before
August 15 of each year. and subject to any adjustment under subsections
(d) and (e) of this section, ten percent (10%) of
each district's entitlement shall be paid on or about the fifteenth
day of October and February, each month through April of each year. The final payment for the balance
of the entitlements each district's entitlement shall be distributed on or before May 15 of each year. If, after March
1 and before April 1, the state superintendent determines that the entitlement to be paid to a district for that school year is
not accurate, the state superintendent shall make
additional adjust payments to
or require payments from that district
as necessary to correct the inaccuracy as soon as practicable. Except as
provided under W.S. 21‑2‑202(e), after March 31 of any school year,
the state superintendent shall not adjust any district's entitlement or fiscal
information used to compute a district's entitlement for that school year, and
the entitlement or fiscal information shall only be adjusted thereafter in
accordance with audit review pursuant to W.S. 9‑1‑513.
(g) In addition to subsections (b) and
(c) of this section, the state superintendent shall,
for any district subject to W.S. 21‑13‑102(b) as determined by the
department for any school year, or for any district
not subject to W.S. 21‑13‑102(b) whose entitlement amount
determined under W.S. 21‑13‑311(a) for any school year is equal to
or less than twenty percent (20%) of the foundation program amount computed
under W.S. 21‑13‑309(p), and upon demonstration by the district of
financial need as documented by cash flow analysis, provide payments
from the school foundation program account in an amount equal not
to one-third (1/3) exceed one-fifth (1/5) of the foundation program
amount computed for that district for that school year in accordance with W.S.
21‑13‑309. The computed
amount shall be paid to each eligible district on August
15 or before September 15
based upon tentative computations under W.S. 21‑13‑309, for which
the department may use fiscal information available from foundation program
computations for the previous school year in the manner provided under
subsection (b) of this section. Any district receiving a payment under this
subsection shall repay and repaying the foundation program account by June 15 December 15
of that school year shall not be assessed
interest. After December 15, the
district shall be assessed interest at a rate equal to the rate specified by
W.S. 21‑13‑316(a) until the payment is repaid in full. In no event shall an advance payment under
this subsection extend beyond and remain unpaid by any district, including
interest, on and after June 15 of that school year.".
Page 27-line 1 After "2."
insert "(a)".
Page 27-After line 3 insert:
"(b) 2011 Senate File 0001, Section 205, Footnotes 4
and 5, are repealed.".
Page 29-After line 6 After the Nicholas Second Reading Amendment
(HB0127S2003/AE) to this line, insert and renumber:
"Section 6.
(a) Each school district subject to W.S. 21‑13‑102(b)
for school year 2011‑2012, shall on or before July 31, 2012, report the
following information to members of the joint education interim committee and
to the joint appropriations interim committee:
(i) A cash flow analysis, detailing
district monthly expenditures and revenues during the reporting period;
(ii) Monthly cash balances for each month
during the 2011‑2012 school year;
(iii) Amounts borrowed by the district
during the reporting period necessary to cover district expenditures;
(iv) Earnings on excess revenues during the
reporting period.". VON FLATERN,
NICHOLAS
2/23/2011 S
Passed 3rd
ROLL
CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns,
Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis,
Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Nicholas, P.,
Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Case and Meier
Ayes 28 Nays
2 Excused 0 Absent 0 Conflicts
0
2/23/2011 H Received for Concurrence
2/24/2011 H Did Not Concur
ROLL
CALL
Nays: Representative(s) Barbuto, Berger, Blake,
Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell,
Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Esquibel, K.,
Freeman, Gay, Gingery, Goggles, Greear, Greene, Harshman, Harvey, Hunt,
Illoway, Jaggi, Kasperik, Kroeker, Krone, Loucks, Lubnau, Madden, McKim,
McOmie, Miller, Moniz, Nicholas, B., Patton, Peasley, Petersen, Petroff,
Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters, Throne,
Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Lockhart and Pederson
Ayes 0 Nays
58 Excused 2 Absent 0 Conflicts
0
2/24/2011 S Appointed JCC01 Members
Senator(s) Coe, Meier, Von Flatern
2/24/2011 H Appointed JCC01 Members
Representative(s) Teeters, Harshman, McKim
3/1/2011 H Adopted HB0127JC01
ROLL
CALL
Ayes: Representative(s) Barbuto, Berger, Blake,
Blikre, Bonner, Botten, Brechtel, Brown, Buchanan, Burkhart, Byrd, Campbell,
Cannady, Childers, Connolly, Craft, Davison, Edmonds, Eklund, Esquibel, K.,
Freeman, Gay, Gingery, Goggles, Greene, Harshman, Harvey, Hunt, Illoway, Jaggi,
Kasperik, Kroeker, Lockhart, Loucks, Lubnau, Madden, McKim, McOmie, Moniz,
Petersen, Quarberg, Roscoe, Semlek, Shepperson, Steward, Stubson, Teeters,
Throne, Vranish, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Greear, Krone, Miller,
Patton, Peasley and Petroff
Excused: Representative(s) Pederson
Absent: Representative(s) Nicholas, B.
Ayes 52 Nays
6 Excused 1 Absent 1 Conflicts
0
3/2/2011 S
Adopted HB0127JC01
ROLL
CALL
Ayes: Senator(s) Anderson, Barnard, Bebout, Burns,
Christensen, Coe, Cooper, Dockstader, Driskill, Emerich, Esquibel, F., Geis,
Hastert, Hicks, Hines, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P.,
Nutting, Perkins, Peterson, Ross, Rothfuss, Scott and Von Flatern
Nays: Senator(s) Case and Schiffer
Ayes 28 Nays
2 Excused 0 Absent 0 Conflicts
0
HB0127JC01/AA
ADOPTED (TO ENGROSSED COPY)
Adopt
the following Senate amendments:
HB0127S2002/AE
HB0127SS002/AE
HB0127SW001/AE
Delete
the following Senate amendments:
HB0127S2001/AE
HB0127S2003/AE
HB0127S3001/AE
HB0127SS001/AE
HB0127SW003/ACE
HB0127SW005/AE
HB0127SW006/AE
Further amend the ENGROSSED COPY as follows:
Page
1-line 6 After "expenditures;"
insert "modifying foundation account payment and recapture schedules and
advance payments as specified;".
Page
2-line 4 After "(c),"
insert "21‑13‑102(b),".
Page
2-line 7 After "(d),"
insert "21‑13‑313(c) and (g),".
Page
9-line 19 After "progress"
insert "of each of its schools".
Page
10-line 6 Delete "district" insert "school".
Page
12-After line 6 insert:
"21‑13‑102. Maximum rate
of school district tax; recapture of excess; equalization of permissive levies.
(b) Except as otherwise
provided by law, on January 15, March 15 and May 15
of For each school year:
(i) in equal
payments of twenty-five percent (25%) and the balance to be paid on June 15,
each school district shall rebate to the department of education the amount by
which the revenue A school district whose
revenues from the sources provided by W.S. 21‑13‑310 exceeds exceed
the foundation program costs determined under W.S. 21‑13‑309 by more than three hundred percent (300%), as
estimated to the districts on or before August 15 and as subsequently certified
to the districts on or before March 1 of the current fiscal year under
subsection (e) of this section, to shall rebate fifty percent (50%) of the excess revenues to
the department of education by January 15 of the applicable school year. The balance of the excess revenues shall be
rebated to the department on or before June 15 of that school year;
(ii) A school district whose
revenues specified under W.S. 21‑13‑310 for any school year exceed
the foundation program costs determined under W.S. 21‑13-309 by three hundred
percent (300%) or less, as estimated and certified under subsection (e) of this
section, shall rebate forty percent (40%) of the excess revenues to the
department by January 15 of the applicable school year. The balance of the excess revenues shall be
rebated to the department on or before June 15 of the applicable school year;
(iii) Amounts rebated under
paragraphs (i) and (ii) of this subsection shall be credited to the public school
foundation program account defined in W.S. 21‑13‑101(a)(ix).".
Page
12-line 17 Delete "maintains a" insert "has maintained an average".
Page
12-line 19 After "for" insert "the
aggregate of".
Page
12-line 20 After "district" insert "in the preceding school year".
Page
12-lines 21 through 24 Delete and
insert:
"waived by the department of
education for any district that demonstrates insufficient school facility
capacity, positive school performance, positive student achievement or for
other reasons related to the delivery of the education program to students. This paragraph shall not apply to charter
schools established under W.S. 21‑3‑301 through 21‑3‑314. The department shall compute the
student-teacher ratio and report it to each district not later than March 1 of
each year. To obtain a waiver under this
paragraph, a school district shall apply to the department not later than March
15 of each year. The application shall
be based on the student-teacher ratio reported by the department of education,
together with any other information required by the department. The department shall approve or deny an
application for a waiver under this paragraph not later than April 10 of that
year. A waiver approved under this
paragraph shall be effective for the school year immediately following the
application and approval.".
Page
13-lines 1 and 2 Delete.
Page 20-After line 16 insert:
"21‑13‑313. Distribution
of funds from foundation account; property tax and cash reserve adjustment;
regulations.
(c) One-third (1/3) Fifteen percent (15%) of each district's entitlement shall
be paid to the district on or before
August 15 of each year. and subject to any adjustment under subsections
(d) and (e) of this section, ten percent (10%) of
each district's entitlement shall be paid on or about the fifteenth
day of October and February, each month through April of each year. The final payment for the balance
of the entitlements each district's entitlement shall be distributed on or before May 15 of each year. If, after March 1 and before April 1, the
state superintendent determines that the entitlement to be paid to a district for that school year is not accurate,
the state superintendent shall make additional adjust payments to or require
payments from that district as necessary to correct the inaccuracy
as soon as practicable. Except as provided under W.S. 21‑2‑202(e),
after March 31 of any school year, the state superintendent shall not adjust
any district's entitlement or fiscal information used to compute a district's
entitlement for that school year, and the entitlement or fiscal information
shall only be adjusted thereafter in accordance with audit review pursuant to
W.S. 9‑1‑513.
(g) In addition to subsections (b) and
(c) of this section, the state superintendent shall,
for any district subject to W.S. 21‑13‑102(b) as determined by the
department for any school year, or for any district
not subject to W.S. 21‑13‑102(b) whose entitlement amount
determined under W.S. 21‑13‑311(a) for any school year is equal to
or less than twenty percent (20%) of the foundation program amount computed under
W.S. 21‑13‑309(p), and upon demonstration by the district of
financial need as documented by cash flow analysis, provide payments
from the school foundation program account in an amount equal not
to one-third (1/3) exceed one-fifth (1/5) of the foundation program
amount computed for that district for that school year in accordance with W.S.
21‑13‑309. The computed
amount shall be paid to each eligible district on August
15 or before September 1 based
upon tentative computations under W.S. 21‑13‑309, for which the
department may use fiscal information available from foundation program
computations for the previous school year in the manner provided under
subsection (b) of this section. Any district receiving a payment under this
subsection shall repay and repaying the foundation program account by June 15 December 15
of that school year shall not be assessed
interest. After December 15, the
district shall be assessed interest at a rate equal to the rate specified by
W.S. 21‑13‑316(a) until the payment is repaid in full. In no event shall an advance payment under
this subsection extend beyond and remain unpaid by any district, including
interest, on and after June 15 of that school year.".
Page 22-line 12 Before "." insert "of any member
employee's salary".
Page 24-line 10 Before "." insert "of any member
employee's salary".
Page 27-line 1 After "2."
insert "(a)".
Page 27-After line 3 insert:
"(b) 2011 Senate File 0001, Section 205, Footnote 4 is
repealed.".
Page 29-After line 6 Insert:
"Section 5.
(a) Each school district subject to W.S. 21‑13‑102(b)
for school year 2010‑2011, shall on or before July 31, 2011, report the
information specified under this section to the department of education. The department shall compile the information
and by August 31, 2011, submit the compilation to the legislative service
office for distribution to members of the joint education interim committee and
the joint appropriations interim committee.
Information to be reported by applicable school districts under this
section includes the following:
(i) A cash flow analysis, detailing
district monthly expenditures and revenues during the reporting period;
(ii) Monthly cash balances for each month
during the 2010‑2011 school year;
(iii) Amounts borrowed by the district during
the reporting period necessary to cover district expenditures;
(iv) Earnings
on excess revenues during the reporting period.".
Page
29-line 8 Delete "5." insert "6.".
Page
29-line 14 Delete "section 4"
insert "sections 4 and 5"; delete "is" insert "are".
TEETERS, HARSHMAN, MCKIM, COE, MEIER, VON FLATERN
3/2/2011 Assigned
Number HEA No. 0098
3/3/2011 H
Speaker Signed HEA No. 0098
3/3/2011 S
President Signed HEA No. 0098
3/10/2011 Governor
Signed HEA No. 0098
3/10/2011 Assigned
Chapter Number
Chapter
No. 0185 Session Laws of Wyoming 2011