1999 State of Wyoming 99LSO-0167
SENATE FILE NO. SF0039
School finance amendments.
Sponsored by: Select Committee on School Finance
A BILL
for
1 AN ACT relating to public schools; modifying the public
2 school reform legislation previously adopted by the
3 legislature in response to the supreme court decision in
4 Campbell County School District, et al., v. State of
5 Wyoming, et al. as specified; and providing for effective
6 dates.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 [Part I. 1999-2000 and Subsequent School Years]
11
12 A. Funding Formula Adjustments-Generally
13
14 Section 101. W.S. 21-13-309(n) and (o) is amended to
15 read:
16
17 21-13-309. Determination of amount to be included in
18 foundation program for each district.
Page 1
1
2 (n) For each district, the district total amount per
3 ADM computed under subsection (m) of this section shall be
4 adjusted as follows to result in a revised amount per ADM
5 for each district. Unless otherwise specified in this
6 subsection, the adjustments under this subsection shall be
7 determined as specified in the cost of education study,
8 dated April 1997, and the spreadsheet provided by the
9 consultant performing the study related thereto, both of
10 which are on file in the legislative service office:
11
12 (i) Compute for each district the total amount
13 expended on special education and on the transportation of
14 school children, but excluding the amount actually expended
15 by the district as transportation capital outlay for
16 purchase or lease of school buses, for the 1996-1997 school
17 year as computed under the provisions of W.S. 21-13-309(b)
18 and (e) as they otherwise existed prior to July 1, 1998, and
19 divide it by the total ADM for the district for the
20 1998-1999 school year, as used in making the computation
21 under subsection (m) of this section The amount shall be
22 adjusted for the transportation of school children as
23 provided in W.S. 21-13-320;
24
Page 2
1 (ii) Compute the total statewide amount expended
2 on special education and on the transportation of school
3 children, but excluding the amount actually expended by the
4 district as transportation capital outlay for purchase or
5 lease of school buses, for the 1996-1997 school year as
6 computed under the provisions of W.S. 21-13-309(b) and (e)
7 as they otherwise existed prior to July 1, 1998, and divide
8 it by the total ADM for the state for the 1998-1999 school
9 year, as used in making the computation under subsection (m)
10 of this section The amount shall be adjusted for special
11 education as provided in W.S. 21-13-321;
12
13 (iii) To determine the revised model amount per
14 ADM, from the district's model amount per ADM computed under
15 subsection (m) of this section, subtract the amount computed
16 under paragraph (ii) of this subsection and add the amount
17 computed under paragraph (i) of this subsection. The amount
18 shall be adjusted for necessary small schools in each
19 district subject to W.S. 21-13-319. For the purposes of
20 this paragraph, a "necessary small school" shall be as
21 defined in W.S. 21-13-318;
22
23 (iv) The amount shall be adjusted for
24 economically disadvantaged students in each district as
25 provided in W.S. 21-13-322;
Page 3
1
2 (v) The amount shall be adjusted for limited
3 English proficient students in each district as provided in
4 W.S. 21-13-325;
5
6 (vi) The amount shall be adjusted for routine
7 maintenance as provided under W.S. 21-13-326;
8
9 (vii) The amount shall be adjusted for the
10 seniority level of teachers in each district as provided in
11 W.S. 21-13-323;
12
13 (viii) The amount shall be adjusted for extra
14 compensation payments to teachers in each district as
15 provided under W.S. 21-13-324; and
16
17 (ix) The amount shall be adjusted for isolation
18 and maintenance payments as specified under W.S. 21-4-401.
19
20 (o) The revised model amount per ADM for each district
21 computed under subsection (n) of this section shall be
22 further adjusted for the following. Unless otherwise
23 specified in this subsection, the adjustments under this
24 subsection shall be determined as specified in the cost of
25 education study, dated April 1997, and the spreadsheet
Page 4
1 provided by the consultant performing the study related
2 thereto, both of which are on file in the legislative
3 service office:
4
5 (i) The amount shall be adjusted for necessary
6 small schools in each district subject to W.S. 21-13-319.
7 For the purposes of this paragraph, a "necessary small
8 school" shall be as defined in W.S. 21-13-318 based on ADM
9 for the preceding school year at that school;
10
11 (ii) The amount shall be adjusted for
12 economically disadvantaged students in each district. For
13 the purposes of this paragraph, an "economically
14 disadvantaged student" means a student who has qualified for
15 free or reduced lunch under the federal lunch program. To
16 implement and administer this adjustment and for the purpose
17 of computing distributions to be made under W.S.
18 21-13-313(c), the computation shall be based on the number
19 of economically disadvantaged students identified during the
20 preceding school year;
21
22 (iii) The amount shall be adjusted for seniority
23 level of teachers in each district based upon the seniority
24 level of teachers employed by the district as of July 1 of
25 the school year for which the computation is made;
Page 5
1
2 (iv)(i) To the extent specifically provided by
3 this section, the amount shall be adjusted to provide for
4 the effects of inflation;
5
6 (v)(ii) The amount, after theadjustments
7 adjustmentunder paragraphs (i) through (iv)paragraph
8 (o)(i) of this subsection have has been made, shall be
9 further adjusted for regional cost of living differences.
10 The adjustment for regional cost of living differences shall
11 be based upon the Wyoming cost-of-living index, with the
12 medical component omitted and with the housing component
13 included but modified by excluding the price for rental of
14 shelter subcomponent, as computed by the division of
15 economic analysis, department of administration and
16 information under rules promulgated by it with respect to
17 the methodology under which the index shall be computed.
18 The version of the index used shall be the average of the
19 six (6) consecutive semi-annual index reports completed by
20 January 1 prior to the school year for which it is to be
21 used.
22
23 B. Technical Corrections and Base Funding
24
Page 6
1 Section 102. (Base Funding) W.S. 21-13-309(m)(intro)
2 and (ii)(A) through (C) is amended to read:
3
4 21-13-309. Determination of amount to be included in
5 foundation program for each district.
6
7 (m) In determining the amount to be included in the
8 foundation program for each district for the 1998-1999 1999-
9 2000 school yearand each school year thereafter, the state
10 superintendent shall first compute for each district a
11 district model amount per average daily membership (ADM) as
12 follows:
13
14 (ii) Multiply the district's average daily
15 membership (ADM) for each school level identified under
16 paragraph (m)(i) of this section by the following amount for
17 the appropriate prototypical school model level:
18
19 (A) Elementary school - kindergarten through
20 grade five (5), five thousand nine hundred eighty-two
21 dollars ($5,982.00) six thousand one hundred eighty-seven /u>
22 dollars ($6,187.00);
23
Page 7
1 (B) Middle school - grades six (6) through
2 eight (8), six thousand ninety-two dollars ($6,092.00) six
3 thousand one hundred seventy-four dollars ($6,174.00);
4
5 (C) High school - grades nine (9) through
6 twelve (12), six thousand five hundred seventy-two dollars
7 ($6,572.00) six thousand six hundred fifty-one dollars
8 ($6,651.00).
9
10 Section 103. (Tuition)
11
12 (a) W.S. 21-4-501(b) and by creating new subsections
13 (c) and (d), 21-4-502, 21-4-504, 21-4-505 and
14 21-13-102(a)(ii)(A) are amended to read:
15
16 21-4-501. Payment of tuition for children resident in
17 districts which maintain no high school; admission of such
18 children to high schools in other districts; duties of
19 admitting districts; tuition amount.
20
21 (b) The board of trustees of any school district
22 within the state which does maintain maintains afour-year
23 high school shall admit, upon payment of tuition, pupils of
24 districts which do not maintain a four-year high school.
25 Nothing in this section shall be construed to require a
Page 8
1 district to admit nonresident pupils, when to do so would
2 overcrowd the facilities of the admitting district or in any
3 way work a definite hardship upon the educational program
4 offered by the admitting district. The admitting district
5 shall:
6
7 (i) Include any pupil admitted under this section
8 among its average daily membership (ADM) for purposes of
9 computing the foundation program under W.S. 21-13-309; and
10
11 (ii) Account separately for the portion of the
12 tuition received pursuant to this section which is related
13 to school buildings and facilities, as determined by the
14 district and reported to the state department, and deposit
15 that portion in its debt service account. The remainder
16 shall be reported as revenues for purposes of W.S.
17 21-13-310(a)(ix).
18
19 (c) The amount of tuition assessed under this section
20 shall be determined by dividing the total operating cost of
21 the district for the previous year, plus the cost of bond
22 redemption and interest for the previous year, by the total
23 by the district's average daily membership for the previous
24 year.
25
Page 9
1 (d) Nonunified school districts shall be reimbursed
2 from the school foundation program account for tuition paid
3 under subsection (a) of this section as if the district's
4 total foundation program amount for that year as computed
5 under W.S. 21-13-309(p) was increased by the amount of the
6 tuition paid during the preceding year.
7
8 21-4-502. Attendance in another district when
9 convenient or desirable; admission of pupils resident in
10 other districts; attendance for ADM computations specified.
11
12 (a) The board of trustees of every school district
13 within the state may pay tuition from the funds of the
14 district for provide for the enrollment of any pupil
15 resident therein who in a school within another district if
16 the pupildesires to attend theschool in another district
17 when and if attendance in such other district would be more
18 convenient or is desirable because of services available in
19 such other district. The district providing for the
20 enrollment of the pupil in a school within another district
21 shall not include the pupil within its average daily
22 membership (ADM) for purposes of the foundation program
23 under W.S. 21-13-309.
24
Page 10
1 (b) Any district within the state may admit pupils
2 resident in other districts of the state unless the
3 admission overcrowds the classrooms of the admitting
4 district. No district within the state shall be required to
5 admit a pupil who has been suspended or expelled by the
6 board of trustees or designated disciplinarian of any other
7 district located in or outside the state. The cost of
8 tuition for a pupil admitted pursuant to this subsection may
9 be paid by the district in which the pupil resides from the
10 funds of the district and shall be at least the actual cost
11 per pupil for operation of the admitting school for the
12 preceding school year. No district shall be liable for
13 payment unless it has previously given permission, in
14 writing, to the enrollment of the pupil The district
15 admitting a pupil under this subsection shall not assess
16 tuition payments upon the district wherein the pupil
17 resides, but shall include the pupil within its average
18 daily membership (ADM) for purposes of determining its
19 foundation program amount under W.S. 21-13-309.
20
21 21-4-504. Cost of maintaining pupil attending school
22 outside district of residence.
23
24 Any school district paying tuition for a pupil may, in its
25 discretion, pay all or any part of the board and room
Page 11
1 required to maintain the pupil in the admitting district and
2 may pay all or part of the room and board of children with
3 disabilities placed outside the district. A school district
4 admitting a pupil from a nonunified school district in the
5 state under W.S. 21-4-501 or providing for the enrollment of
6 a pupil in a school within a school district in another
7 state under W.S. 21-4-505 shall, in accordance with rules
8 and regulations of the state department, be reimbursed from
9 the school foundation program account for expenditures for
10 maintaining that pupil in the admitting district for any
11 length of time the pupil is required to reside in the
12 admitting district. Reimbursement under this subsection
13 shall be subject to and reported in accordance with rule and
14 regulation of the state department and shall be administered
15 as if the district's total foundation program amount
16 computed under W.S. 21-13-309(p) is increased by the amount
17 of the expenditure for maintenance during the preceding
18 year.
19
20 21-4-505. Payment of tuition for pupil attending
21 school in another state; admission of out-of-state pupils.
22
23 (a) Whenever it shall appear to the board of trustees
24 of any school district within the state that instruction for
25 any pupil residing in the district can be more
Page 12
1 advantageously or economically furnished by a public school
2 maintained by another state, the board of trustees of such
3 Wyoming district may enter into an agreement for the
4 instruction of such pupils at rates of tuition specified in
5 the agreement. The Wyoming district shall be reimbursed for
6 the full amount of tuition assessed by the out of state
7 district from the school foundation program account
8 administered as if the district's total foundation program
9 amount computed under W.S. 21-13-309 for that year was
10 increased by the amount of the tuition paid during the
11 preceding year. The district shall not include a pupil
12 attending a school within an out of state school district
13 within its average daily membership (ADM) for purposes of
14 computing its foundation program amount under W.S.
15 21-13-309.
16
17 (b) Any school district within the state may enter
18 into agreements to admit pupils from out of state at the
19 rate of tuition at least as high as the actual per pupil
20 cost of the Wyoming district computed as provided in W.S.
21 21-4-503 21-4-501(c).The admitting district shall:
22
23 (i) Include the admitted out of state pupil
24 within its average daily membership (ADM) for purposes of
Page 13
1 computing its foundation program amount under W.S.
2 21-13-309; and
3
4 (ii) Account separately for the portion of the
5 tuition received pursuant to this subsection which is
6 related to school buildings and facilities, as determined by
7 the district and reported to the state department, and
8 deposit that portion in its debt service account. The
9 remainder shall be reported as revenues for purposes of W.S.
10 21-13-310(a)(ix).
11
12 21-13-102. Maximum rate of school district tax;
13 recapture of excess; equalization of permissive levies.
14
15 (a) Except as otherwise provided by law, the maximum
16 rate of school district tax that may be levied for all
17 school purposes, exclusive of bond interest and redemption,
18 for any school district in any school year on each dollar of
19 assessed valuation within the school district is as follows:
20
21 (ii) In any nonunified school district consisting
22 of kindergarten through grade eight (8):
23
24 (A) Twenty (20) Twenty- five (25) mills shall
25 be levied for school purposes; and
Page 14
1
2 Section 103. (Tuition)
3
4 (b) W.S. 21-4-503 and 21-13-102(a)(ii)(C) are
5 repealed.
6
7 Section 104. (Isolation and Maintenance Payments) W.S.
8 21-4-401(a) and by creating new subsections (d) and (e) is
9 amended to read:
10
11 21-4-401. Transportation or maintenance for isolated
12 pupils.
13
14 (a) The board of trustees of any school district
15 within the state shall provide transportation or maintenance
16 not to exceed seventy-five dollars ($75.00) per month per
17 pupil unless a greater maximum is established by the state
18 superintendent, for isolated elementary or high school
19 pupils resident within the district, whenever it would be in
20 the best interests of the affected children to provide
21 transportation or maintenance than to establish a school to
22 serve these pupils,. In no case shall sums and for those
23 isolated pupils resident within the district who are
24 attending a school in another district pursuant to W.S.
25 21-4-502. Amountspaid under this section shall be subject
Page 15
1 to subsections (d) and (e) of this section and shall not
2 exceed the actual costs incurred by parents or pupils.
3
4 (d) To receive transportation payments under this
5 section, the parent or legal guardian of any isolated pupil
6 eligible under this section shall file a transportation
7 reimbursement claim with the district on a form provided by
8 the district specifying the total round trip miles traveled
9 each day to and from the bus stop or the school, as
10 applicable. The total round trip miles shall be multiplied
11 by the applicable mileage rate prescribed under W.S.
12 9-3-103(a)(iii) to compute the daily mileage reimbursement
13 amount. Where combined transportation is provided for two
14 (2) or more isolated pupils being transported to the same
15 school, only one (1) reimbursement shall be made.
16
17 (e) Monthly maintenance payments may be paid under
18 this section in lieu of transportation payments if the pupil
19 resides at a location near the school rather than the
20 isolated location. The amount paid shall be the lesser of
21 the amount of maintenance payments claimed or the
22 transportation payments that would have been payable under
23 subsection (d) of this section. Monthly maintenance payments
24 under this section shall reimburse the isolated student's
25 parent or legal guardian for additional reasonable living
Page 16
1 expenses for only those months school is in session. A
2 district shall be reimbursed for the full amount of
3 isolation or maintenance payments it makes under this
4 section. Reimbursement shall be made as if the district's
5 total foundation program amount computed under W.S.
6 21-13-309(p) was increased by the amount of isolation or
7 maintenance payments made during the preceding year.
8
9 Section 105. (Teacher Extra Compensation
10 Adjustment) W.S. 21-13-324 is created to read:
11
12 21-13-324. Teacher extra compensation adjustment to
13 district total amount per ADM.
14
15 (a) A district may pay extra compensation to a teacher
16 as necessary to employ teachers for providing educational
17 programs at locations which because of their unique
18 circumstances require additional pay. Extra compensation
19 under this section:
20
21 (i) Shall not reflect district preference for
22 higher salaries;
23
Page 17
1 (ii) Shall be payment for performing regular
2 duties and not be payment for performing any additional
3 duties assigned to the teacher;
4
5 (iii) May be in the form of subsidized rent or
6 other subsidized expenses, a cash bonus or a combination.
7
8 (b) If compensation is paid to the teacher for rental
9 or other costs, the school district shall provide
10 information to the state department describing the
11 difference in the amount paid by the teacher and the average
12 comparable market rate within the county for rent or other
13 subsidized cost.
14
15 (c) Upon application by a district upon a form
16 prescribed and provided by the state department, the
17 department shall reimburse the district from the foundation
18 account for extra compensation paid pursuant to subsection
19 (a) of this section, administered as if the district's total
20 foundation program amount computed under W.S. 21-13-309(p)
21 was increased by the amount of extra compensation paid
22 during the preceding year. The department shall require the
23 district to document the need for extra compensation
24 payments.
25
Page 18
1 Section 106. (1/2 K ADM) W.S. 21-13-309 by creating a
2 new subsection (s) is amended to read:
3
4 21-13-309. Determination of amount to be included in
5 foundation program for each district.
6
7 (s) For the purpose of all calculations required to be
8 made under this section and W.S. 21-15-105.1, 21-15-105.2
9 and 21-15-109, including calculations required under
10 statutes referenced in this section or otherwise applicable
11 in making computations under this section, the average daily
12 membership for each district's kindergarten students shall
13 be divided by two (2). This includes calculations required
14 to be made in this section in accordance with the cost of
15 education study, dated April 1997, and the spreadsheet
16 provided by the consultant performing the study related
17 thereto, both of which are on file in the legislative
18 service office.
19
20 C. School Finance Funding Formula Components
21
22 Section 201. (Transportation) W.S. 21-13-320 is
23 created to read:
24
Page 19
1 21-13-320. Student transportation; adjustment to
2 school foundation program formula for transportation
3 maintenance and operations expenditures and school bus
4 purchases; district reporting requirements.
5
6 (a) The adjustment for the transportation of school
7 children pursuant to W.S. 21-13-309(n)(i) shall be computed
8 in accordance with this section.
9
10 (b) The amount computed under W.S. 21-13-309(m)(iii)
11 for each district shall be reduced by the total statewide
12 expenditure for transportation, including capital outlay for
13 school buses, per ADM during the 1996-1997 school year.
14 There shall be an addition to the amount computed under W.S.
15 21-13-309(p) for each school district equal to one hundred
16 percent (100%) of the amount actually expended by the
17 district during the previous school year under subsection
18 (c) of this section and for:
19
20 (i) The maintenance and operation of
21 transportation routes for transporting school children to
22 and from school; and
23
24 (ii) The transportation of students to and from
25 student activities authorized by department of education
Page 20
1 rules. For the purpose of this paragraph, student
2 activities means as defined in W.S. 21-13-319(b)(iv)(B)(I).
3
4 (c) In addition to subsection (b) of this section and
5 subject to state standards and department rule and
6 regulation, the transportation adjustment under this section
7 for each district shall include one hundred percent (100%)
8 of the expenditure for the purchase or lease of school buses
9 and other vehicles used primarily for the purpose of
10 transporting students to and from school and to and from
11 school activities. Amounts included within the adjustment
12 under this subsection shall be subject to the following:
13
14 (i) Reimbursement shall apply only to purchases
15 or lease arrangements entered into on or after March 1,
16 1998;
17
18 (ii) Buses and other vehicles used primarily for
19 student transportation, for which reimbursement is
20 authorized, shall not exceed state minimum standards for
21 vehicle specifications and equipment and shall be subject to
22 vehicle replacement schedules specified by department rule
23 and regulation;
24
Page 21
1 (iii) The number of buses and other student
2 transportation vehicles comprising a district's fleet shall
3 not be increased above the fleet size existing as of
4 February 10, 1999, except as necessary to provide safe and
5 efficient transportation in accordance with department rule
6 and regulation;
7
8 (iv) The adjustment for purchase and lease of
9 buses and other student transportation vehicles authorized
10 for the adjustment under this subsection shall be equal to:
11
12 (A) One hundred percent (100%) of lease
13 payments during the preceding school year; plus
14
15 (B) Twenty percent (20%) of total purchases
16 during the preceding five (5) school years. For the purpose
17 of this subparagraph, no purchases before March 1, 1998,
18 shall be included, and purchases from March 1, 1998, through
19 June 30, 1998, shall be counted as one (1) fiscal year.
20
21 (d) The department of education shall adopt necessary
22 rules and regulations to implement and enforce state
23 standards established under this section and to administer
24 this section. In addition, districts shall report
25 expenditures, purchases and lease arrangements for the
Page 22
1 applicable reporting period as required by department rule
2 and regulation. The department shall annually review and
3 conduct audits as necessary of information submitted under
4 this section.
5
6 Section 202. (Small Schools Adjustment)
7
8 (a) (Small Schools-Student Activity Adjustment) W.S.
9 21-13-319(b)(intro) and by creating a new paragraph (iv) is
10 amended to read:
11
12 21-13-319. Small schools; adjustment to the school
13 foundation program formula.
14
15 (b) The adjustment for necessary small schools shall
16 be computed as provided under W.S. 21-13-309(o)(i) subject
17 to the following follows:
18
19 (iv) There shall be an adjustment for student
20 activities as provided by this paragraph subject to the
21 following:
22
23 (A) This adjustment shall be computed by
24 adding to the amount computed under W.S. 21-13-309(p) one
25 hundred percent (100%) of the actual expenditures for
Page 23
1 student activities at the school for the preceding school
2 year reduced by the amount included within the model for
3 student activities. For the purpose of computing the
4 adjustment in this paragraph, the number of student
5 activities for a school shall not exceed the number of
6 activities provided at the school during the 1998-1999
7 school year;
8
9 (B) For purposes of this paragraph:
10
11 (I) "Student activities" means athletic
12 and nonathletic activities sanctioned by the Wyoming high
13 school activities association and school sponsored athletic
14 and nonathletic activities in grades preceding high school
15 which directly correspond to those high school activities
16 sanctioned by the Wyoming high school activities
17 association, exclusive of transportation costs for such
18 activities which are funded under W.S. 21-13-320;
19
20 (II) "The amount included within the
21 model for student activities" shall be computed using the
22 amount for student activities contained within each
23 prototypical school model, as adjusted by the amount for
24 student activities contained within necessary small school
Page 24
1 prototypical model, the regional cost adjustment and the
2 external cost adjustment, if any.
3
4 (b) (Small School Adjustment-Funding After School
5 Closure) W.S. 21-13-318(b) by creating a new paragraph
6 (vii) and (c) by creating a new paragraph (vii) is amended
7 to read:
8
9 21-13-318. Small schools; qualifications and
10 limitations on necessity.
11
12 (b) A school is a necessary small elementary school if
13 it is qualified under subsection (f) of this section or if
14 it meets the following qualifications:
15
16 (vii) The school functions in a substantially
17 similar capacity during the year for which the foundation
18 program amount is being calculated as it did during the
19 preceding year. This paragraph does not apply to any school
20 which is a one (1) teacher school.
21
22 (c) A school is a necessary small high school if it is
23 qualified under subsection (f) of this section or if it
24 meets the following qualifications:
25
Page 25
1 (vii) The school functions in a substantially
2 similar capacity during the year for which the foundation
3 program amount is being calculated as it did during the
4 preceding year.
5
6 (c) (Small Schools-Utilities and School Lunch
7 Adjustment) W.S. 21-13-319(b)(intro), (ii) and (iii) is
8 amended to read:
9
10 21-13-319. Small schools; adjustment to the school
11 foundation program formula.
12
13 (b) The adjustment for necessary small schools shall
14 be computed as provided under W.S. 21-13-309(o)(i)
15 21-13-309(n)(iii) subject to the following:
16
17 (ii) There shall be an adjustment for utilities
18 as provided in this paragraph. This adjustment shall be
19 computed by increasing the small school adjustment by adding
20 to the amount computed under W.S. 21-13-309(p) one hundred
21 percent (100%) ofthe actual cost expenditures for utilities
22 at the schoolduring the preceding school year. As used in
23 this paragraph, "utilities" means electricity plus natural
24 gas, propane or any other power source used to provide
25 heating to a school building. This adjustment applies to a
Page 26
1 necessary small school located on a school area with another
2 school only if that other school is also a necessary small
3 school;
4
5 (iii) There shall be an adjustment for food
6 service participating in the national school lunch program
7 as provided in this paragraph. as follows:
8
9 (A) No necessarysmall school shall be
10 eligible for this adjustment unless:
11
12 (I) Middle and high schoolstudents are
13 charged at least one dollar and ninety cents ($1.90) for
14 each lunch. an amount no less than the free lunch rate as
15 determined under federal regulation issued by the United
16 States Department of Agriculture under the National School
17 Lunch Act, 42 U.S.C. 1751 et seq.;
18
19 (II) Elementary students are charged
20 for each lunch at least eighty-four percent (84%) of the
21 rate specified under subdivision (I) of this subparagraph
22 for each reimbursable lunch; and
23
24 (III) The rates assessed under this
25 paragraph shall be not less than the rate specified under
Page 27
1 subdivision (I) of this subparagraph after the value of any
2 prepayment discount has been deducted from the rate the
3 district established for the reimbursable lunch.
4
5 (B) For the 1998-1999 school year, The
6 adjustment shall be computed by adding to the amount
7 computed under W.S. 21-13-309(p)an amount equal to the
8 difference between the actual cost of expenditures for
9 providing food service and the revenues received from
10 charges for lunches. Payments for this difference in excess
11 of one dollar ($1.00) per lunch shall not be made, unless
12 the state superintendent finds that failure to provide full
13 payment for the difference will significantly affect the
14 ability of the school district to provide adequate
15 educational services to students.
16
17 Section 203. (Routine Maintenance) W.S. 21-13-326 is
18 created to read:
19
20 21-13-326. Routine maintenance; adjustment to
21 foundation program formula.
22
23 For the 1999-2000 school year, there shall be no adjustment
24 to the amount in W.S. 21-13-309(m)(iii) for routine
25 maintenance.
Page 28
1
2 Section 204. (Economically Disadvantaged Youth) W.S.
3 21-13-322 is created to read:
4
5 21-13-322. Economically disadvantaged students;
6 adjustment to foundation program formula.
7
8 (a) As used in this section, "economically
9 disadvantaged student" means a student who has qualified for
10 free or reduced priced lunch under the national school lunch
11 program as established under 42 U.S.C. 1751 et seq.
12
13 (b) The adjustment for economically disadvantaged
14 students pursuant to W.S. 21-13-309(n)(iv) shall be computed
15 for each district which has a significant concentration
16 level of identified economically disadvantaged students at
17 any school within the district determined as follows:
18
19 (i) Divide the number of identified economically
20 disadvantaged students enrolled in each school within the
21 district for the previous school year by the average daily
22 membership for that school for that year;
23
24 (ii) Divide the number of identified economically
25 disadvantaged students within the state for the preceding
Page 29
1 school year by the total state average daily membership for
2 that year;
3
4 (iii) If the concentration level for any school
5 within a district, as computed under paragraph (b)(i) of
6 this section, is at least one hundred fifty percent (150%)
7 of the statewide concentration level computed under
8 paragraph (b)(ii) of this section, the district qualifies
9 for an adjustment under this section.
10
11 (c) Upon qualification under subsection (b) of this
12 section, the district shall receive for each school within
13 the district that qualifies under paragraph (b)(ii) of this
14 section an adjustment computed by multiplying the number of
15 identified economically disadvantaged students attending the
16 eligible school for the preceding school year times five
17 hundred dollars ($500.00).
18
19 Section 205. (Limited English Speaking) W.S.
20 21-13-325 is created to read:
21
22 21-13-325. Limited English proficient students;
23 adjustment to foundation program formula.
24
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1 (a) For purposes of this section, "limited English
2 proficient student" means a student identified with limited
3 English proficiency under state identification and
4 assessment procedures prescribed by rule and regulation of
5 the state department.
6
7 (b) The adjustment for limited English proficient
8 students as provided under W.S. 21-13-309(n)(v) shall be
9 computed for each district with a concentration level of
10 identified limited English proficient students attending any
11 school in the district, equal to or greater than five
12 percent (5%) of the total average daily membership for that
13 school. Computations under this section shall be based upon
14 identified limited English proficient student numbers and
15 average daily membership counts for the preceding school
16 year.
17
18 (c) The amount of the adjustment for limited English
19 proficient students shall be computed as follows:
20
21 (i) Multiply the amount under W.S.
22 21-13-309(m)(ii) for the grade level for each identified
23 student by fifteen percent (15%);
24
Page 31
1 (ii) For each eligible school within a district,
2 multiply the number of identified limited English proficient
3 students attending the eligible school for the preceding
4 school year times the amount determined under paragraph
5 (c)(i) of this section.
6
7 Section 206. (Teacher Seniority) W.S. 21-13-323 is
8 created to read:
9
10 21-13-323. Teacher seniority; adjustment to foundation
11 program formula.
12
13 (a) As used in this section, "teacher" means any
14 person employed by a school district as part of its teaching
15 or professional staff for whom certification is required as
16 a condition of employment as a certified professional
17 employee, excluding certified and noncertified
18 administrative staff.
19
20 (b) The adjustment for the seniority level of teachers
21 pursuant to W.S. 21-13-309(n)(vii) shall be computed for
22 each district by multiplying the total number of years of
23 service of all teachers employed by the district during the
24 prior school year by the statewide value for one (1) year of
25 seniority, determined as specified in the spreadsheets
Page 32
1 accompanying the February 1998 teacher seniority adjustment
2 report provided by the consultant performing the cost of
3 education study, which is on file with the legislative
4 service office. The adjustment computation under this
5 subsection shall be subject to the following:
6
7 (i) Except as otherwise specified by paragraph
8 (iv) of this subsection, the determination of seniority for
9 each teacher shall be based on the date of employment with
10 the district;
11
12 (ii) The total years of teacher service for a
13 district for any school year shall not include any first
14 year teacher employed by the district. A first year teacher
15 is not included within a district's total years of teacher
16 service until completion of the initial year of employment.
17 Thereafter, that teacher shall be assigned one (1) year of
18 service for each year of district employment;
19
20 (iii) The total years of teacher service for a
21 district for any school year shall not include more than
22 twenty (20) years of service for any one (1) teacher;
23
24 (iv) In accordance with W.S. 21-7-104(b), the
25 years of service for any teacher shall include all prior
Page 33
1 years of employment as a teacher by any Wyoming school
2 district;
3
4 (v) The statewide value of one (1) year of
5 seniority shall be based upon school year 1996-1997 teacher
6 salary information, which value shall serve as the base year
7 for computations under this section.
8
9 Section 207. (Special Education) W.S. 21-13-321 is
10 created to read:
11
12 21-13-321. Special education; adjustment to foundation
13 program formula.
14
15 (a) As used in this section:
16
17 (i) "General fund operating expenditures" means
18 those expenditures of the district from the general fund for
19 operation of the district as reported to the department of
20 education under rules promulgated by the department;
21
22 (ii) "Special education programs and services"
23 means programs and services for students with disabilities
24 as identified under the federal Individuals with
25 Disabilities Education Act, 20 U.S.C. 1400 et seq.
Page 34
1
2 (b) The adjustment for special education pursuant to
3 W.S. 21-13-309(n)(ii) shall be computed as follows:
4
5 (i) The amount computed under W.S.
6 21-13-309(m)(iii) shall be reduced by the total statewide
7 expenditure for special education per ADM during the 1996-
8 1997 school year;
9
10 (ii) The adjustment shall be an addition to the
11 amount computed under W.S. 21-13-309(p) equal to one hundred
12 percent (100%) of the amount actually expended by the
13 district during the previous school year for special
14 education programs and services, subject to the following
15 computations by the state department:
16
17 (A) For the school year preceding the school
18 year for which the adjustment is made, divide the total
19 district expenditures for special education programs and
20 services by the total general fund operating expenditures of
21 the district;
22
23 (B) For the school year preceding the school
24 year for which computations are made under subparagraph (A)
25 of this paragraph, divide the total district expenditures
Page 35
1 for special education programs and services by the total
2 general fund expenditures of the district;
3
4 (iii) If the ratio computed under subparagraph
5 (ii)(A) of this subsection is greater than one hundred ten
6 percent (110%) of the ratio computed under subparagraph
7 (ii)(B) of this subsection, the department shall review
8 district expenditures for special education programs and
9 services for the year at issue, prior to the department's
10 making the adjustment under this section for that school
11 year. The district shall provide the department written
12 documentation regarding the increase in the rates of
13 expenditures for special education programs and services for
14 that school year;
15
16 (iv) The department shall reduce the amount of
17 the adjustment by an amount equal to the excess over one
18 hundred ten percent (110%) as computed under paragraph (iii)
19 of this subsection unless the department finds those excess
20 expenditures were necessary to providing essential special
21 education services.
22
23 (c) The adjustment provided under this section shall
24 apply to school years 1999-2000, 2000-2001 and 2001-2002
25 only.
Page 36
1
2 Section 208. (Additional small schools adjustment to
3 remove 1/4 mile and other limits - eligibility for the
4 adjustment - transition) W.S. 21-13-327 is created to read:
5
6 21-13-327. Additional adjustment for small schools.
7
8 (a) There shall be an adjustment for small schools as
9 provided in this section which shall be additional and not
10 in lieu of the adjustment under W.S. 21-13-309(n)(iii). The
11 adjustment shall be added to the amount computed under W.S.
12 21-13-309(p) for each district. The adjustment for each
13 district shall be equal to:
14
15 (i) For the 1999-2000 school year, one-third
16 (1/3) of the difference between the amount computed under
17 subsection (b) of this section and the amount otherwise
18 computed under W.S. 21-13-309(p) for that school year for
19 the district;
20
21 (ii) For the 2000-2001 school year, two-thirds
22 (2/3) of the difference between the amount computed under
23 subsection (b) of this section and the amount otherwise
24 computed under W.S. 21-13-309(p) for that school year for
25 the district;
Page 37
1
2 (iii) For the 2001-2002 school year and each
3 school year thereafter, one hundred percent (100%) of the
4 difference between the amount computed under subsection (b)
5 of this section and the amount otherwise computed under W.S.
6 21-13-309(p) for that school year for the district.
7
8 (b) For the purpose of implementing this section, the
9 state superintendent shall annually recompute the amount for
10 each district under W.S. 21-13-309(p) with the adjustment
11 for small schools under W.S. 21-13-318 and 21-13-319
12 computed subject to the following:
13
14 (i) A school is a necessary small elementary
15 school if:
16
17 (A) The school was established as an
18 elementary, middle or junior high school on or after July 1,
19 1998, it qualifies under W.S. 21-13-318(f); or
20
21 (B) If the school was established before
22 July 1, 1998, the school was designated by the district as
23 an elementary, middle or junior high school before July 1,
24 1998, and:
25
Page 38
1 (I) There was a total of two hundred
2 (200) or fewer ADM in kindergarten through grade eight (8)
3 enrolled in the school during the preceding school year;
4
5 (II) The average ADM enrolled in
6 kindergarten through grade eight (8) within the school for
7 the current school year and the two (2) preceding school
8 years was two hundred (200) or fewer ADM; and
9
10 (III) The school is not a charter
11 school, established under W.S. 21-3-201 through 21-3-207.
12 The school is not an alternative school established under
13 W.S. 21-13-318(a)(i). The school has not been disqualified
14 as a necessary small school under W.S. 21-13-318(d), for
15 change of grade configuration, or W.S. 21-13-318(e) for loss
16 of ADM.
17
18 (ii) A school is a necessary small high school
19 if:
20
21 (A) The school was established as a high
22 school on or after July 1, 1998, it qualifies under W.S.
23 21-13-318(f); or
24
Page 39
1 (B) If the school was established before
2 July 1, 1998, the school was designated by the district as a
3 high school before July 1, 1998, and:
4
5 (I) There was a total of four hundred
6 (400) or fewer ADM in grades nine (9) through grade twelve
7 (12) enrolled in the school;
8
9 (II) The average ADM enrolled in grades
10 nine (9) through twelve (12) within the high school for the
11 current school year and the two (2) preceding school years
12 was four hundred (400) or fewer ADM;
13
14 (III) The school is not a charter
15 school, established under W.S. 21-3-201 through 21-3-207.
16 The school is not an alternative school established under
17 W.S. 21-13-318(a)(i). The school has not been disqualified
18 as a necessary small school under W.S. 21-13-318(d), for
19 change of grade configuration, or W.S. 21-13-318(e) for loss
20 of ADM.
21
22 Section 209. (Allow districts to keep 50% of
23 investment earnings) W.S. 21-13-310(a)(xi) is amended to
24 read:
25
Page 40
1 21-13-310. Annual computation of district revenues.
2
3 (a) To ensure revenues available to each district are
4 uniformly sufficient to enable compliance with the uniform
5 standards for educational programs prescribed under W.S.
6 21-9-101 and 21-9-102 and to secure state board
7 accreditation of educational programs under W.S.
8 21-2-304(a)(ii), the revenues specified under this
9 subsection shall be deemed state revenues and shall be
10 considered in determining the amount to be distributed to
11 each district under W.S. 21-13-311. A district shall make an
12 annual computation of the following revenues:
13
14 (xi) Fifty percent (50%) of i nterest, capital
15 gains and any other earnings on funds held by the district
16 earned during the previous school year, excluding interest
17 earnings on the separate major building and facility repair
18 and replacement account established under W.S. 21-15-109;
19
20 [Part II. 1998-1999 School Year]
21
22 Section 301. (Teacher Seniority - 1998-1999 School
23 Year) W.S. 21-13-309(o)(iii) is amended to read:
24
Page 41
1 21-13-309. Determination of amount to be included in
2 foundation program for each district.
3
4 (o) The revised model amount per ADM for each district
5 computed under subsection (n) of this section shall be
6 further adjusted for the following. Unless otherwise
7 specified in this subsection, the adjustments under this
8 subsection shall be determined as specified in the cost of
9 education study, dated April 1997, and the spreadsheet
10 provided by the consultant performing the study related
11 thereto, both of which are on file in the legislative
12 service office:
13
14 (iii) In making computations for funding for the
15 1998-1999 school year the amount shall be adjusted for
16 seniority level of teachers in each district based upon the
17 seniority level of teachers employed by the district as of
18 July 1 of the 1997-1998 school year; for which the
19 computation is made;
20
21 Section 302. (Transitional payments due to estimates)
22
23 (a) The legislature finds that to ensure an orderly
24 transition to the new school finance system and that
25 educational goods and services can be continuously provided
Page 42
1 to students, relief should be provided to school districts
2 where:
3
4 (i) The school district budgeted in good faith
5 for the 1998-1999 school year based upon funding estimates
6 provided by the department of education during the spring of
7 1998; and
8
9 (ii) Through no fault of the district, the actual
10 funding authorized under law for the 1998-1999 school year
11 as computed in August 1998 was calculated to be
12 significantly less than the amount estimated in the spring
13 of 1998.
14
15 (b) For the 1998-1999 school year only, school
16 districts shall be entitled to funding as provided in this
17 section. This funding shall be in addition to all other
18 funding available to the district in accordance with law.
19 Funding provided under this section shall be included in
20 calculating total revenue for the district during the 1998-
21 1999 school year when determining the district's eligibility
22 for "hold harmless" payments during the 1999-2000 school
23 year as provided under 1997 Special Session Laws, Chapter 3,
24 Section 306, as amended.
25
Page 43
1 (c) If the total revenue calculated for the district
2 used in estimates of the department of education as of April
3 30, 1998, is at least five percent (5%) greater than the
4 amount of revenue calculated by the department of education
5 as of August 11, 1998, the district shall be entitled to an
6 amount equal to the excess over five percent (5%). This
7 amount shall be made available to the district as if the
8 total revenue available to the district under W.S.
9 21-13-309(p) had been increased by this amount. To the
10 extent payments are required from the department to the
11 district due to this additional funding, payments shall be
12 made during the remainder of the school year proportionally
13 under W.S. 21-13-313.
14
15 (d) As used in subsection (c) of this section, "total
16 revenue" means the amount of revenue for the district
17 calculated under W.S. 21-13-309(p) plus payments for prior
18 bus purchases under 1998 Special Session Laws, Chapter 2,
19 Section 101 and "hold harmless" payments under 1997 Special
20 Session Laws, Chapter 3, Section 306, as amended.
21
22 [Part III. Reports, Studies, Student Assessment and
23 Technology]
24
25 Section 401. (Special Education Adjustment)
Page 44
1
2 (a) The state superintendent shall on or before
3 October 1, 2002, report to the joint education interim
4 committee on the special education adjustment provided under
5 W.S. 21-13-321. The report shall include a review of the
6 adjustment for the three (3) preceding school years and any
7 recommendations for modification of the adjustment.
8
9 (b) The joint education interim committee shall report
10 any recommendations on the special education adjustment to
11 the legislature for consideration by the 2003 legislature.
12
13 [Part IV. Public Education-Refinements and Conforming
14 Amendments]
15
16 Section 501. W.S. 21-2-203(e)(intro) and 21-13-313(e)
17 are amended to read:
18
19 21-2-203. School district data collection; division
20 established; duties and responsibilities specified.
21
22 (e) On and after July 1, 1999 2000, the following
23 shall apply:
24
Page 45
1 21-13-313. Distribution of funds from foundation
2 account; property tax and cash reserve adjustment;
3 regulations.
4
5 (e) Not later than October 1 January 31 of each fiscal
6 year, the department shall compute the amount by which each
7 district's operating balance and cash reserves at the end of
8 the preceding fiscal year exceed fifteen percent (15%) of
9 the total foundation program amount computed under W.S.
10 21-13-309 for the preceding fiscal year. In making this
11 calculation, the entire operating balance and cash reserves
12 for each district for the fiscal year ending June 30, 1997,
13 as computed by the department, shall be separately accounted
14 for and excluded, until it has been completely expended by
15 the district. Except as otherwise provided in 1997 Special
16 Session Laws, chapter 3, section 306(e), as amended, that
17 excess shall be deemed to be a state revenue under W.S.
18 21-13-310(a) for the purpose of determining distributions
19 under W.S. 21-13-311 and amounts to be rebated under W.S.
20 21-13-102. The department shall promulgate rules, including
21 reporting requirements and procedures for districts, to
22 implement this subsection. As used in this section,
23 "operating balance and cash reserves" means those financial
24 resources of the district which are not encumbered by the
25 district board of trustees for expenditure to meet an
Page 46
1 existing legal obligation or otherwise restricted by law or
2 regulation for expenditure on specific educational programs.
3 For purposes of this subsection, any balance within a
4 district's separate account established under W.S.
5 21-15-109(e) for major building and facility repair and
6 replacement shall be deemed restricted by law for
7 expenditure as provided by W.S. 21-15-109(e) and shall not
8 be considered an operating balance and cash reserve under
9 this section.
10
11 Section 502. (Fees for participation in activities)
12 W.S. 21-4-506 is created to read:
13
14 21-4-506. Participation in activities by students not
15 enrolled in the district; limitation on fees.
16
17 (a) Any school age child who is a resident of a school
18 district, who is not under suspension or expulsion by a
19 Wyoming school district and who is not enrolled as a full-
20 time student in the district in which he resides shall be
21 permitted by the district to participate in any activities
22 which are sanctioned by the Wyoming high school activities
23 association and which are offered by the district under the
24 same terms and conditions as full-time students of the
25 district subject to the following:
Page 47
1
2 (i) The district may require the student to pay
3 any fees for participation which are required by the Wyoming
4 high school activities association;
5
6 (ii) The district may charge that student an
7 additional fee for participating, but that fee shall be no
8 more than any fee for participating charged to full-time
9 students of the district. The district shall not require
10 that student to pay tuition or to pay any other fees or
11 charges as a condition of participation.
12
13 [Part V. Effective Dates]
14
15 Section 601. This act is effective July 1, 1999,
16 except that sections 301 and 302 of this act are effective
17 immediately upon completion of all acts necessary for a bill
18 to become law as provided by Article 4, Section 8 of the
19 Wyoming Constitution.
20
21 (END)
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