1999 State of Wyoming 99LSO-0167
SENATE FILE NO. SF0039 [SUBSTITUTE NO. 1]
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
Page 1
1 21-13-309. Determination of amount to be included in
2 foundation program for each district.
3
4 (n) For each district, the district total amount per
5 ADM computed under subsection (m) of this section shall be
6 adjusted as follows to result in a revised amount per ADM
7 for each district. Unless otherwise specified in this
8 subsection, the adjustments under this subsection shall be
9 determined as specified in the cost of education study,
10 dated April 1997, and the spreadsheet provided by the
11 consultant performing the study related thereto, both of
12 which are on file in the legislative service office:
13
14 (i) Compute for each district the total amount
15 expended on special education and on the transportation of
16 school children, but excluding the amount actually expended
17 by the district as transportation capital outlay for
18 purchase or lease of school buses, for the 1996-1997 school
19 year as computed under the provisions of W.S. 21-13-309(b)
20 and (e) as they otherwise existed prior to July 1, 1998, and
21 divide it by the total ADM for the district for the
22 1998-1999 school year, as used in making the computation
23 under subsection (m) of this section The amount shall be
24 adjusted for the transportation of school children as
25 provided in W.S. 21-13-320;
Page 2
1
2 (ii) Compute the total statewide amount expended
3 on special education and on the transportation of school
4 children, but excluding the amount actually expended by the
5 district as transportation capital outlay for purchase or
6 lease of school buses, for the 1996-1997 school year as
7 computed under the provisions of W.S. 21-13-309(b) and (e)
8 as they otherwise existed prior to July 1, 1998, and divide
9 it by the total ADM for the state for the 1998-1999 school
10 year, as used in making the computation under subsection (m)
11 of this section The amount shall be adjusted for special
12 education as provided in W.S. 21-13-321;
13
14 (iii) To determine the revised model amount per
15 ADM, from the district's model amount per ADM computed under
16 subsection (m) of this section, subtract the amount computed
17 under paragraph (ii) of this subsection and add the amount
18 computed under paragraph (i) of this subsection. The amount
19 shall be adjusted for necessary small schools in each
20 district subject to W.S. 21-13-319. For the purposes of
21 this paragraph, a "necessary small school" shall be as
22 defined in W.S. 21-13-318;
23
Page 3
1 (iv) The amount shall be adjusted for
2 economically disadvantaged students in each district as
3 provided in W.S. 21-13-322;
4
5 (v) The amount shall be adjusted for limited
6 English proficient students in each district as provided in
7 W.S. 21-13-325;
8
9 (vi) The amount shall be adjusted for routine
10 maintenance as provided under W.S. 21-13-326;
11
12 (vii) The amount shall be adjusted for the
13 seniority level of teachers in each district as provided in
14 W.S. 21-13-323;
15
16 (viii) The amount shall be adjusted for extra
17 compensation payments to teachers in each district as
18 provided under W.S. 21-13-324; and
19
20 (ix) The amount shall be adjusted for isolation
21 and maintenance payments as specified under W.S. 21-4-401;
22
23 (x) The amount shall be adjusted for small
24 districts as specified under W.S. 21-13-328.
25
Page 4
1 (o) The revised model amount per ADM for each district
2 computed under subsection (n) of this section shall be
3 further adjusted for the following. Unless otherwise
4 specified in this subsection, the adjustments under this
5 subsection shall be determined as specified in the cost of
6 education study, dated April 1997, and the spreadsheet
7 provided by the consultant performing the study related
8 thereto, both of which are on file in the legislative
9 service office:
10
11 (i) The amount shall be adjusted for necessary
12 small schools in each district subject to W.S. 21-13-319.
13 For the purposes of this paragraph, a "necessary small
14 school" shall be as defined in W.S. 21-13-318 based on ADM
15 for the preceding school year at that school;
16
17 (ii) The amount shall be adjusted for
18 economically disadvantaged students in each district. For
19 the purposes of this paragraph, an "economically
20 disadvantaged student" means a student who has qualified for
21 free or reduced lunch under the federal lunch program. To
22 implement and administer this adjustment and for the purpose
23 of computing distributions to be made under W.S.
24 21-13-313(c), the computation shall be based on the number
Page 5
1 of economically disadvantaged students identified during the
2 preceding school year;
3
4 (iii) The amount shall be adjusted for seniority
5 level of teachers in each district based upon the seniority
6 level of teachers employed by the district as of July 1 of
7 the school year for which the computation is made;
8
9 (iv)(i) To the extent specifically provided by
10 this section, the amount shall be adjusted to provide for
11 the effects of inflation;
12
13 (v)(ii) The amount, after the adjustments
14 adjustmentunder paragraphs (i) through (iv)paragraph
15 (o)(i) of this subsection have has been made, shall be
16 further adjusted for regional cost of living differences.
17 The adjustment for regional cost of living differences shall
18 be based upon the Wyoming cost-of-living index, with the
19 medical component omitted and with the housing component
20 included but modified by excluding the price for rental of
21 shelter subcomponent, as computed by the division of
22 economic analysis, department of administration and
23 information under rules promulgated by it with respect to
24 the methodology under which the index shall be computed.
25 The version of the index used shall be the average of the
Page 6
1 six (6) consecutive semi-annual index reports completed by
2 January 1 prior to the school year for which it is to be
3 used.This adjustment shall be subject to W.S. 21-13-329.
4
5 B. Technical Corrections and Base Funding
6
7 Section 102. (Base Funding) W.S. 21-13-309(m)(intro)
8 and (ii)(A) through (C) is amended to read:
9
10 21-13-309. Determination of amount to be included in
11 foundation program for each district.
12
13 (m) In determining the amount to be included in the
14 foundation program for each district for the 1998-19991999-
15 2000 school yearand each school year thereafter, the state
16 superintendent shall first compute for each district a
17 district model amount per average daily membership (ADM) as
18 follows:
19
20 (ii) Multiply the district's average daily
21 membership (ADM) for each school level identified under
22 paragraph (m)(i) of this section by the following amount for
23 the appropriate prototypical school model level:
24
Page 7
1 (A) Elementary school - kindergarten through
2 grade five (5), five thousand nine hundred eighty-two
3 dollars ($5,982.00) six thousand two hundred four dollars
4 ($6,204.00);
5
6 (B) Middle school - grades six (6) through
7 eight (8), six thousand ninety-two dollars ($6,092.00)six
8 thousand two hundred dollars ($6,200.00);
9
10 (C) High school - grades nine (9) through
11 twelve (12), six thousand five hundred seventy-two dollars
12 ($6,572.00) six thousand six hundred seventy-seven dollars
13 ($6,677.00).
14
15 Section 103. (Tuition)
16
17 (a) W.S. 21-4-502, 21-4-504, 21-4-505 and
18 21-13-102(a)(ii)(A) are amended to read:
19
20 21-4-502. Attendance in another district when
21 convenient or desirable; admission of pupils resident in
22 other districts; attendance for ADM computations specified.
23
24 (a) The board of trustees of every school district
25 within the state may, pay tuition from the funds of the
Page 8
1 district for and shall with respect to high school students
2 resident in nonunified school districts, provide for the
3 enrollment ofany pupil resident therein who in a school
4 within another district if the pupildesires to attend the
5 school in another district when and if attendance in such
6 other district would be more convenient or is desirable
7 because of services available in such other district. The
8 district providing for the enrollment of the pupil in a
9 school within another district shall not include the pupil
10 within its average daily membership (ADM) for purposes of
11 the foundation program under W.S. 21-13-309.
12
13 (b) Any district within the state may admit pupils
14 resident in other districts of the state unless the
15 admission overcrowds the classrooms of the admitting
16 district. No district within the state shall be required to
17 admit a pupil who has been suspended or expelled by the
18 board of trustees or designated disciplinarian of any other
19 district located in or outside the state. The cost of
20 tuition for a pupil admitted pursuant to this subsection may
21 be paid by the district in which the pupil resides from the
22 funds of the district and shall be at least the actual cost
23 per pupil for operation of the admitting school for the
24 preceding school year. No district shall be liable for
25 payment unless it has previously given permission, in
Page 9
1 writing, to the enrollment of the pupil The district
2 admitting a pupil under this subsection shall not assess
3 tuition payments upon the district wherein the pupil
4 resides, but shall include the pupil within its average
5 daily membership (ADM) for purposes of determining its
6 foundation program amount under W.S. 21-13-309.
7
8 21-4-504. Cost of maintaining pupil attending school
9 outside district of residence.
10
11 Any school district paying tuition for a pupil may, in its
12 discretion, pay all or any part of the board and room
13 required to maintain the pupil in the admitting district and
14 may pay all or part of the room and board of children with
15 disabilities placed outside the district. A school district
16 admitting a pupil from a nonunified school district in the
17 state or providing for the enrollment of a pupil in a school
18 within a school district in another state under W.S.
19 21-4-505 shall, in accordance with rules and regulations of
20 the state department, be reimbursed from the school
21 foundation program account for expenditures for maintaining
22 that pupil in the admitting district for any length of time
23 the pupil is required to reside in the admitting district.
24 Reimbursement under this subsection shall be subject to and
25 reported in accordance with rule and regulation of the state
Page 10
1 department and shall be administered as if the district's
2 total foundation program amount computed under W.S.
3 21-13-309(p) is increased by the amount of the expenditure
4 for maintenance during the preceding year.
5
6 21-4-505. Payment of tuition for pupil attending
7 school in another state; admission of out-of-state pupils.
8
9 (a) Whenever it shall appear to the board of trustees
10 of any school district within the state that instruction for
11 any pupil residing in the district can be more
12 advantageously or economically furnished by a public school
13 maintained by another state, the board of trustees of such
14 Wyoming district may enter into an agreement for the
15 instruction of such pupils at rates of tuition specified in
16 the agreement. The Wyoming district shall be reimbursed for
17 the full amount of tuition assessed by the out of state
18 district from the school foundation program account
19 administered as if the district's total foundation program
20 amount computed under W.S. 21-13-309 for that year was
21 increased by the amount of the tuition paid during the
22 preceding year. The district shall not include a pupil
23 attending a school within an out of state school district
24 within its average daily membership (ADM) for purposes of
Page 11
1 computing its foundation program amount under W.S.
2 21-13-309.
3
4 (b) Any school district within the state may enter
5 into agreements to admit pupils from out of state at the
6 rate of tuition at least as high as the actual per pupil
7 cost of the Wyoming district computed as provided in W.S.
8 21-4-503 under subsection (c) of this section. The
9 admitting district shall:
10
11 (i) Include the admitted out of state pupil
12 within its average daily membership (ADM) for purposes of
13 computing its foundation program amount under W.S.
14 21-13-309; and
15
16 (ii) Account separately for the portion of the
17 tuition received pursuant to this subsection which is
18 related to school buildings and facilities, as determined by
19 the district and reported to the state department, and
20 deposit that portion in its debt service account. The
21 remainder shall be reported as revenues for purposes of W.S.
22 21-13-310(a)(ix).
23
24 (c) The amount of tuition assessed under this section
25 shall be determined by dividing the total operating cost of
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1 the district for the previous year, plus the cost of bond
2 redemption and interest for the previous year, by the total
3 of the district's average daily membership for the previous
4 year.
5
6 21-13-102. Maximum rate of school district tax;
7 recapture of excess; equalization of permissive levies.
8
9 (a) Except as otherwise provided by law, the maximum
10 rate of school district tax that may be levied for all
11 school purposes, exclusive of bond interest and redemption,
12 for any school district in any school year on each dollar of
13 assessed valuation within the school district is as follows:
14
15 (ii) In any nonunified school district consisting
16 of kindergarten through grade eight (8):
17
18 (A) Twenty (20) Twenty- five (25) mills shall
19 be levied for school purposes; and
20
21 Section 103. (Tuition)
22
23 (b) W.S. 21-4-501, 21-4-503 and 21-13-102(a)(ii)(C)
24 are repealed.
25
Page 13
1 Section 104. (Isolation and Maintenance Payments) W.S.
2 21-4-401(a) and by creating new subsections (d) and (e) is
3 amended to read:
4
5 21-4-401. Transportation or maintenance for isolated
6 pupils.
7
8 (a) The board of trustees of any school district
9 within the state shall provide transportation or maintenance
10 not to exceed seventy-five dollars ($75.00) per month per
11 pupil unless a greater maximum is established by the state
12 superintendent, for isolated elementary or high school
13 pupils resident within the district, whenever it would be in
14 the best interests of the affected children to provide
15 transportation or maintenance than to establish a school to
16 serve these pupils,. In no case shall sumsand for those
17 isolated pupils resident within the district who are
18 attending a school in another district pursuant to W.S.
19 21-4-502. Amountspaid under this section shall be subject
20 to subsections (d) and (e) of this section and shall not
21 exceed the actual costs incurred by parents or pupils.
22
23 (d) To receive transportation payments under this
24 section, the parent or legal guardian of any isolated pupil
25 eligible under this section shall file a transportation
Page 14
1 reimbursement claim with the district on a form provided by
2 the district specifying the total round trip miles traveled
3 each day to and from the bus stop or the school, as
4 applicable. The total round trip miles shall be multiplied
5 by the applicable mileage rate prescribed under W.S.
6 9-3-103(a)(iii) to compute the daily mileage reimbursement
7 amount. Where combined transportation is provided for two
8 (2) or more isolated pupils being transported to the same
9 school, only one (1) reimbursement shall be made.
10
11 (e) Monthly maintenance payments may be paid under
12 this section in lieu of transportation payments if the pupil
13 resides at a location near the school rather than the
14 isolated location. The amount paid shall be the lesser of
15 the amount of maintenance payments claimed or the
16 transportation payments that would have been payable under
17 subsection (d) of this section. Monthly maintenance payments
18 under this section shall reimburse the isolated student's
19 parent or legal guardian for additional reasonable living
20 expenses for only those months school is in session. A
21 district shall be reimbursed for the full amount of
22 isolation or maintenance payments it makes under this
23 section. Reimbursement shall be made as if the district's
24 total foundation program amount computed under W.S.
Page 15
1 21-13-309(p) was increased by the amount of isolation or
2 maintenance payments made during the preceding year.
3
4 Section 105. (Teacher Extra Compensation
5 Adjustment) W.S. 21-13-324 is created to read:
6
7 21-13-324. Teacher extra compensation adjustment to
8 district total amount per ADM.
9
10 (a) A district may pay extra compensation to a teacher
11 as necessary to employ teachers for providing educational
12 programs at locations which because of their unique
13 circumstances require additional pay. Extra compensation
14 under this section:
15
16 (i) Shall not reflect district preference for
17 higher salaries;
18
19 (ii) Shall be payment for performing regular
20 duties and not be payment for performing any additional
21 duties assigned to the teacher;
22
23 (iii) May be in the form of subsidized rent or
24 other subsidized expenses, a cash bonus or a combination.
25
Page 16
1 (b) If compensation is paid to the teacher for rental
2 or other costs, the school district shall provide
3 information to the state department describing the
4 difference in the amount paid by the teacher and the average
5 comparable market rate within the county for rent or other
6 subsidized cost.
7
8 (c) Upon application by a district upon a form
9 prescribed and provided by the state department, the
10 department shall reimburse the district from the foundation
11 account for extra compensation paid pursuant to subsection
12 (a) of this section, administered as if the district's total
13 foundation program amount computed under W.S. 21-13-309(p)
14 was increased by the amount of extra compensation paid
15 during the preceding year. The department shall require the
16 district to document the need for extra compensation
17 payments.
18
19 Section 106. (1/2 K ADM) W.S. 21-13-309 by creating a
20 new subsection (s) is amended to read:
21
22 21-13-309. Determination of amount to be included in
23 foundation program for each district.
24
Page 17
1 (s) For the purpose of all calculations required to be
2 made under this section and W.S. 21-15-105.1, 21-15-105.2
3 and 21-15-109, including calculations required under
4 statutes referenced in this section or otherwise applicable
5 in making computations under this section, the average daily
6 membership for each district's kindergarten students shall
7 be divided by two (2). This includes calculations required
8 to be made in this section in accordance with 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 C. School Finance Funding Formula Components
15
16 Section 201. (Transportation) W.S. 21-13-320 is
17 created to read:
18
19 21-13-320. Student transportation; adjustment to
20 school foundation program formula for transportation
21 maintenance and operations expenditures and school bus
22 purchases; district reporting requirements.
23
Page 18
1 (a) The adjustment for the transportation of school
2 children pursuant to W.S. 21-13-309(n)(i) shall be computed
3 in accordance with this section.
4
5 (b) The amount computed under W.S. 21-13-309(m)(iii)
6 for each district shall be reduced by the total statewide
7 expenditure for transportation, including capital outlay for
8 school buses, per ADM during the 1996-1997 school year.
9 There shall be an addition to the amount computed under W.S.
10 21-13-309(p) for each school district equal to one hundred
11 percent (100%) of the amount actually expended by the
12 district during the previous school year under subsection
13 (c) of this section and for:
14
15 (i) The maintenance and operation of
16 transportation routes for transporting school children to
17 and from school; and
18
19 (ii) The transportation of students to and from
20 student activities authorized by department of education
21 rules. For the purpose of this paragraph, student
22 activities means as defined in W.S. 21-13-319(b)(iv)(B)(I).
23 No reimbursement shall be made for transportation expenses
24 for student activities for expenses for transportation in
Page 19
1 excess of one hundred fifty (150) miles from the Wyoming
2 border into another state.
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 20
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) In addition to the amount computed pursuant to
22 subsection (b) of this section, to encourage school
23 districts to reduce transportation expenditures, any school
24 district shall receive an amount in addition to its
Page 21
1 guarantee under W.S. 21-13-309(p) equal to one-half (1/2) of
2 the difference between:
3
4 (i) The expenditures for the transportation items
5 in paragraphs (b)(i) and (ii) of this section in school year
6 1997-1998; and
7
8 (ii) The expenditures for the transportation items
9 in paragraphs (b)(i) and (ii) of this section for the
10 preceding school year.
11
12 (e) The department of education shall adopt necessary
13 rules and regulations to implement and enforce state
14 standards established under this section and to administer
15 this section. In addition, districts shall report
16 expenditures, purchases and lease arrangements for the
17 applicable reporting period as required by department rule
18 and regulation. The department shall annually review and
19 conduct audits as necessary of information submitted under
20 this section.
21
22 Section 202. (Small Schools Adjustment)
23
Page 22
1 (a) (Small Schools-Student Activity Adjustment) W.S.
2 21-13-319(b)(intro) and by creating a new paragraph (iv) is
3 amended to read:
4
5 21-13-319. Small schools; adjustment to the school
6 foundation program formula.
7
8 (b) The adjustment for necessary small schools shall
9 be computed as provided under W.S. 21-13-309(o)(i) subject
10 to the following follows:
11
12 (iv) There shall be an adjustment for student
13 activities as provided by this paragraph subject to the
14 following:
15
16 (A) This adjustment shall be computed by
17 adding to the amount computed under W.S. 21-13-309(p) one
18 hundred percent (100%) of the actual expenditures for
19 student activities at the school for the preceding school
20 year reduced by the amount included within the model for
21 student activities. For the purpose of computing the
22 adjustment in this paragraph, the number of student
23 activities for a school shall not exceed the number of
24 activities provided at the school during the 1997-1998
25 school year;
Page 23
1
2 (B) For purposes of this paragraph:
3
4 (I) "Student activities" means athletic
5 and nonathletic activities sanctioned by the Wyoming high
6 school activities association and school sponsored athletic
7 and nonathletic activities in grades preceding high school
8 which directly correspond to those high school activities
9 sanctioned by the Wyoming high school activities
10 association, exclusive of transportation costs for such
11 activities which are funded under W.S. 21-13-320;
12
13 (II) "The amount included within the
14 model for student activities" shall be computed using the
15 amount for student activities contained within each
16 prototypical school model, as adjusted by the amount for
17 student activities contained within necessary small school
18 prototypical model, the regional cost adjustment and the
19 external cost adjustment, if any.
20
21 (c) (Small Schools-Utilities and School Lunch
22 Adjustment) W.S. 21-13-319(b)(intro), (ii) and (iii) is
23 amended to read:
24
Page 24
1 21-13-319. Small schools; adjustment to the school
2 foundation program formula.
3
4 (b) The adjustment for necessary small schools shall
5 be computed as provided under W.S. 21-13-309(o)(i)
6 21-13-309(n)(iii) subject to the following:
7
8 (ii) There shall be an adjustment for utilities
9 as provided in this paragraph. This adjustment shall be
10 computed by increasing the small school adjustmentby adding
11 to the amount computed under W.S. 21-13-309(p) one hundred
12 percent (100%) ofthe actual cost expenditures for utilities
13 at the schoolduring the preceding school year. As used in
14 this paragraph, "utilities" means electricity plus natural
15 gas, propane or any other power source used to provide
16 heating to a school building. This adjustment applies to a
17 necessary small school located on a school area with another
18 school only if that other school is also a necessary small
19 school;
20
21 (iii) There shall be an adjustment for food
22 service participating in the national school lunch program
23 as provided in this paragraph. as follows:
24
Page 25
1 (A) No necessarysmall school shall be
2 eligible for this adjustment unless:
3
4 (I) Middle and high schoolstudents are
5 charged at least one dollar and ninety cents ($1.90) for
6 each lunch. an amount no less than the free lunch rate as
7 determined under federal regulation issued by the United
8 States Department of Agriculture under the National School
9 Lunch Act, 42 U.S.C. 1751 et seq.;
10
11 (II) Elementary students are charged
12 for each lunch at least eighty-four percent (84%) of the
13 rate specified under subdivision (I) of this subparagraph
14 for each reimbursable lunch; and
15
16 (III) The rates assessed under this
17 paragraph shall be not less than the rate specified under
18 subdivision (I) of this subparagraph after the value of any
19 prepayment discount has been deducted from the rate the
20 district established for the reimbursable lunch.
21
22 (B) For the 1998-1999 school year,The
23 adjustment shall be computed by adding to the amount
24 computed under W.S. 21-13-309(p)an amount equal to the
25 difference between the actual cost of expenditures for
Page 26
1 providing food service and the revenues received from
2 charges for lunches. Payments for this difference in excess
3 of one dollar ($1.00) per lunch shall not be made, unless
4 the state superintendent finds that failure to provide full
5 payment for the difference will significantly affect the
6 ability of the school district to provide adequate
7 educational services to students.
8
9 (d) (Small Schools-including alternative and charter
10 schools) W.S. 21-13-318(b)(iv), (v), (c)(iv) and (v) is
11 repealed.
12
13 (e) W.S. 21-13-328 is created to read:
14
15 21-13-328. Additional funding for special schools.
16
17 (a) For the purposes of this section "choice school"
18 means a school, operated by a district:
19
20 (i) In which students may enroll as a matter of
21 choice and are not required to attend as a result of their
22 geographic location;
23
Page 27
1 (ii) Whose enrollment is open to all students
2 within the district or all those within reasonable commuting
3 distance of the school, provided that district may adopt:
4
5 (A) Provisions to limit the enrollment to
6 the planned capacity of the school, admissions
7 qualifications for applying students; and
8
9 (B) Restrictions on enrollment designed to
10 ensure that students enroll in the school are appropriate
11 given the curriculum, teaching methods and education.
12
13 (iii) Which uses a curriculum, teaching methods
14 or educational philosophy or methods significantly different
15 from that found in the majority of schools within the
16 district or schools containing the majority of the pupils in
17 the district in the grades served by choice school.
18
19 (b) The adjustment for choice schools shall be
20 computed in the same manner as the adjustment for small
21 schools, subject to the following:
22
23 (i) The restrictions on school area provided by
24 W.S. 21-13-318(a)(ii) do not apply. No choice school shall
Page 28
1 receive the adjustment provided by this section if it is
2 physically located within the facilities of another school;
3
4 (ii) Except for schools in existence as of
5 January 15, 1999, no school shall be eligible for this
6 adjustment without the approval of the state superintendent
7 of public instruction. Nothing in this act shall be
8 construed as requiring a school district to obtain the
9 approval of the state superintendent of public instruction
10 in order to establish a choice school. The state
11 superintendent shall not permit such schools to obtain the
12 adjustment if the primary purpose of establishing such a
13 school was to obtain additional funding;
14
15 (iii) Schools qualifying for this adjustment may
16 permit students to enroll in other schools for the purpose
17 of participating in activities, or taking courses not
18 offered by the school receiving the adjustment or where
19 valid educational concerns including scheduling problems
20 make taking particular courses at another school
21 advantageous to individual students. In this event districts
22 shall not count students more than once in computing their
23 ADM.
24
Page 29
1 (c) In lieu of the small school adjustment, if any,
2 under W.S. 21-13-319 with respect to charter schools and
3 alternative schools, or the adjustment under this section
4 with respect to choice schools, a district may elect to
5 receive an adjustment equal to one hundred dollars ($100.00)
6 per ADM at the school in the preceding year plus the
7 adjustments provided under W.S. 21-13-319(b)(ii) through
8 (iv).
9
10 Section 203. (Routine Maintenance) W.S. 21-13-326 is
11 created to read:
12
13 21-13-326. Routine maintenance; adjustment to
14 foundation program formula.
15
16 For the 1999-2000 school year, there shall be no adjustment
17 to the amount in W.S. 21-13-309(m)(iii) for routine
18 maintenance.
19
20 Section 204. (Economically Disadvantaged Youth) W.S.
21 21-13-322 is created to read:
22
23 21-13-322. Economically disadvantaged students;
24 adjustment to foundation program formula.
25
Page 30
1 (a) As used in this section, "economically
2 disadvantaged student" means a student who has qualified for
3 free or reduced priced lunch under the national school lunch
4 program as established under 42 U.S.C. 1751 et seq.
5
6 (b) The adjustment for economically disadvantaged
7 students pursuant to W.S. 21-13-309(n)(iv) shall be computed
8 for each district as provided in this section. Each district
9 shall receive an adjustment computed by multiplying the
10 number of identified economically disadvantaged students
11 attending the district for the preceding school year times
12 two hundred fifty dollars ($250.00).
13
14 Section 205. (Limited English Speaking) W.S.
15 21-13-325 is created to read:
16
17 21-13-325. Limited English proficient students;
18 adjustment to foundation program formula.
19
20 (a) For purposes of this section, "limited English
21 proficient student" means a student identified with limited
22 English proficiency under state identification and
23 assessment procedures prescribed by rule and regulation of
24 the state department.
25
Page 31
1 (b) The adjustment for limited English proficient
2 students as provided under W.S. 21-13-309(n)(v) shall be
3 computed for each district as provided in this section.
4 Computations under this section shall be based upon
5 identified limited English proficient student numbers and
6 average daily membership counts for the preceding school
7 year.
8
9 (c) The amount of the adjustment for limited English
10 proficient students shall be computed as follows:
11
12 (i) Multiply the amount under W.S.
13 21-13-309(m)(ii) for the grade level for each identified
14 student by five percent (5%);
15
16 (ii) Multiply the number of identified limited
17 English proficient students attending the district for the
18 preceding school year times the amount determined under
19 paragraph (c)(i) of this section.
20
21 Section 206. (Teacher Seniority) W.S. 21-13-323 is
22 created to read:
23
24 21-13-323. Teacher seniority; adjustment to foundation
25 program formula.
Page 32
1
2 (a) As used in this section, "teacher" means any
3 person employed by a school district as part of its teaching
4 or professional staff for whom certification is required as
5 a condition of employment as a certified professional
6 employee, excluding certified and noncertified
7 administrative staff.
8
9 (b) The adjustment for the seniority level of teachers
10 pursuant to W.S. 21-13-309(n)(vii) shall be computed for
11 each district by multiplying the total number of years of
12 service of all teachers employed by the district during the
13 prior school year by the statewide value for one (1) year of
14 seniority, determined as specified in the spreadsheets
15 accompanying the February 1998 teacher seniority adjustment
16 report provided by the consultant performing the cost of
17 education study, which is on file with the legislative
18 service office. The adjustment computation under this
19 subsection shall be subject to the following:
20
21 (i) Except as otherwise specified by paragraph
22 (iv) of this subsection, the determination of seniority for
23 each teacher shall be based on the date of employment with
24 the district;
25
Page 33
1 (ii) The total years of teacher service for a
2 district for any school year shall not include any first
3 year teacher employed by the district. A first year teacher
4 is not included within a district's total years of teacher
5 service until completion of the initial year of employment.
6 Thereafter, that teacher shall be assigned one (1) year of
7 service for each year of employment within any Wyoming
8 school district in accordance with W.S. 21-7-104(b), or
9 school district of another state. Not more than five (5)
10 years service in another state shall be credited. Service in
11 another state shall not be credited under this paragraph
12 prior to any year in which the teacher was not certified as
13 a teacher in Wyoming or another state;
14
15 (iii) The total years of teacher service for a
16 district for any school year shall not include more than
17 twenty (20) years of service for any one (1) teacher;
18
19 (iv) The statewide value of one (1) year of
20 seniority shall be based upon school year 1996-1997 teacher
21 salary information, which value shall serve as the base year
22 for computations under this section.
23
24 Section 207. (Special Education) W.S. 21-13-321 is
25 created to read:
Page 34
1
2 21-13-321. Special education; adjustment to foundation
3 program formula.
4
5 (a) As used in this section:
6
7 (i) "General fund operating expenditures" means
8 those expenditures of the district from the general fund for
9 operation of the district as reported to the department of
10 education under rules promulgated by the department;
11
12 (ii) "Special education programs and services"
13 means programs and services for students with disabilities
14 as identified under the federal Individuals with
15 Disabilities Education Act, 20 U.S.C. 1400 et seq.
16
17 (b) The adjustment for special education pursuant to
18 W.S. 21-13-309(n)(ii) shall be computed as follows:
19
20 (i) The amount computed under W.S.
21 21-13-309(m)(iii) shall be reduced by the total statewide
22 expenditure for special education per ADM during the 1996-
23 1997 school year;
24
Page 35
1 (ii) The adjustment shall be an addition to the
2 amount computed under W.S. 21-13-309(p) equal to one hundred
3 percent (100%) of the amount actually expended by the
4 district during the previous school year for special
5 education programs and services, subject to the following
6 computations by the state department:
7
8 (A) For the school year preceding the school
9 year for which the adjustment is made, divide the total
10 district expenditures for special education programs and
11 services by the total general fund operating expenditures of
12 the district;
13
14 (B) For the school year preceding the school
15 year for which computations are made under subparagraph (A)
16 of this paragraph, divide the total district expenditures
17 for special education programs and services by the total
18 general fund expenditures of the district;
19
20 (iii) If the ratio computed under subparagraph
21 (ii)(A) of this subsection is greater than one hundred ten
22 percent (110%) of the ratio computed under subparagraph
23 (ii)(B) of this subsection, the department shall review
24 district expenditures for special education programs and
25 services for the year at issue, prior to the department's
Page 36
1 making the adjustment under this section for that school
2 year. The district shall provide the department written
3 documentation regarding the increase in the rates of
4 expenditures for special education programs and services for
5 that school year;
6
7 (iv) The department shall reduce the amount of
8 the adjustment by an amount equal to the excess over one
9 hundred ten percent (110%) as computed under paragraph (iii)
10 of this subsection unless the department finds those excess
11 expenditures were necessary to providing essential special
12 education services.
13
14 (c) The adjustment provided under this section shall
15 apply to school years 1999-2000, 2000-2001, 2001-2002 and
16 2002-2003 only.
17
18 (d) The department of education shall annually review
19 and report to the joint education interim committee
20 regarding services provided to special education students by
21 school districts. The report shall evaluate the extent to
22 which services are being appropriately provided and whether
23 expenditures for services are reasonable in light of charges
24 by providers of similar services in Wyoming.
25
Page 37
1 Section 208. (Additional small schools adjustment to
2 remove 1/4 mile and other limits - eligibility for the
3 adjustment - transition) W.S. 21-13-327 is created to read:
4
5 21-13-327. Additional adjustment for small schools.
6
7 (a) There shall be an adjustment for small schools as
8 provided in this section which shall be additional and not
9 in lieu of the adjustment under W.S. 21-13-309(n)(iii). The
10 adjustment shall be added to the amount computed under W.S.
11 21-13-309(p) for each district. The adjustment for each
12 district shall be equal to:
13
14 (i) For the 1999-2000 school year, one-third
15 (1/3) of the difference between the amount computed under
16 subsection (b) of this section and the amount otherwise
17 computed under W.S. 21-13-309(p) for that school year for
18 the district;
19
20 (ii) For the 2000-2001 school year, two-thirds
21 (2/3) of the difference between the amount computed under
22 subsection (b) of this section and the amount otherwise
23 computed under W.S. 21-13-309(p) for that school year for
24 the district;
25
Page 38
1 (iii) For the 2001-2002 school year and each
2 school year thereafter, one hundred percent (100%) of the
3 difference between the amount computed under subsection (b)
4 of this section and the amount otherwise computed under W.S.
5 21-13-309(p) for that school year for the district.
6
7 (b) For the purpose of implementing this section, the
8 state superintendent shall annually recompute the amount for
9 each district under W.S. 21-13-309(p) with the adjustment
10 for small schools under W.S. 21-13-318 and 21-13-319
11 computed subject to the following:
12
13 (i) A school is a necessary small elementary
14 school if:
15
16 (A) The school was established as an
17 elementary, middle or junior high school on or after July 1,
18 1998, it qualifies under W.S. 21-13-318(f); or
19
20 (B) If the school was established before
21 July 1, 1998, the school was designated by the district as
22 an elementary, middle or junior high school before July 1,
23 1998, and:
24
Page 39
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 has not been
11 disqualified as a necessary small school under W.S.
12 21-13-318(d), for change of grade configuration, or W.S.
13 21-13-318(e) for loss of ADM.
14
15 (ii) A school is a necessary small high school
16 if:
17
18 (A) The school was established as a high
19 school on or after July 1, 1998, it qualifies under W.S.
20 21-13-318(f); or
21
22 (B) If the school was established before
23 July 1, 1998, the school was designated by the district as a
24 high school before July 1, 1998, and:
25
Page 40
1 (I) There was a total of four hundred
2 (400) or fewer ADM in grades nine (9) through grade twelve
3 (12) enrolled in the school;
4
5 (II) The average ADM enrolled in grades
6 nine (9) through twelve (12) within the high school for the
7 current school year and the two (2) preceding school years
8 was four hundred (400) or fewer ADM;
9
10 (III) The school has not been
11 disqualified as a necessary small school under W.S.
12 21-13-318(d), for change of grade configuration, or W.S.
13 21-13-318(e) for loss of ADM.
14
15 Section 209. (Allow districts to keep 50% of
16 investment earnings) W.S. 21-13-310(a)(xi) is amended to
17 read:
18
19 21-13-310. Annual computation of district revenues.
20
21 (a) To ensure revenues available to each district are
22 uniformly sufficient to enable compliance with the uniform
23 standards for educational programs prescribed under W.S.
24 21-9-101 and 21-9-102 and to secure state board
25 accreditation of educational programs under W.S.
Page 41
1 21-2-304(a)(ii), the revenues specified under this
2 subsection shall be deemed state revenues and shall be
3 considered in determining the amount to be distributed to
4 each district under W.S. 21-13-311. A district shall make an
5 annual computation of the following revenues:
6
7 (xi) Fifty percent (50%) of i nterest, capital
8 gains and any other earnings on funds held by the district
9 earned during the previous school year, excluding interest
10 earnings on the separate major building and facility repair
11 and replacement account established under W.S. 21-15-109;
12
13 Section 210. (Small district adjustment) W.S.
14 21-13-328 is created to read:
15
16 21-13-328. Small school district adjustment.
17
18 (a) There shall be an adjustment for small school
19 districts as provided in this section. For the purpose of
20 this adjustment for any school year, a small school district
21 is a school district with not more than one thousand three
22 hundred fifty (1350) ADM. W.S. 21-13-309(s) applies to this
23 section. The amount of the adjustment under W.S.
24 21-13-309(n)(x) shall be the sum of the amounts computed
Page 42
1 under subsections (b) through (d) of this section divided by
2 the ADM of the district.
3
4 (b) The small school district adjustment shall include
5 fifty thousand dollars ($50,000.00) for each attendance
6 center in the district in addition to the one (1) in which
7 the district office is located. An "attendance center" is
8 the set of all schools located within or near a municipality
9 or at a location separate and apart from that municipality,
10 including, but not limited to, one (1) teacher schools or in
11 communities which are not municipalities. The department of
12 education shall annually specify attendance centers in small
13 school districts by rule and shall rely to the extent
14 practicable upon whether the school has a mailing address of
15 a different town. Those rules shall reflect the legislative
16 intent that there are additional administrative and other
17 operational costs in small school districts where students
18 attend school at different locations in the district other
19 than in the same town in which the district office is
20 located.
21
22 (c) The small school district adjustment shall include
23 an amount for administration for districts with fewer than
24 nine hundred (900) ADM computed as follows where "ADM" means
25 the ADM for the district and where "x" means times:
Page 43
1
2 (ADM x (ADM - 900) x (ADM - 900)) + 600) - (ADM x 600)
3 ( ( (1040) ) )
4
5 (d) The small school district adjustment shall include
6 an amount for maintenance and operations for districts with
7 fewer than one thousand one hundred (1,100) ADM computed as
8 follows where "ADM" means the ADM for the district and where
9 "x" means times:
10
11 (ADM x (ADM - 1100) x (ADM - 1100)) + 350) - (ADM x 350)
12 ( ( (3700) ) )
13
14 Section 211. W.S. 21-13-309(p) and by creating a new
15 subsection (t) is amended to read:
16
17 21-13-309. Determination of amount to be included in
18 foundation program for each district.
19
20 (p) After all adjustments under subsection (o) of this
21 section have been made, this adjusted, revised model ADM
22 amount for each district shall be multiplied by the ADM for
23 each district to determine the initial amount for each
24 foundation program amount for each district. To each of
25 these initial amounts, there shall be added all additions to
Page 44
1 the amount under this subsection otherwise specified by law,
2 except for hold harmless payments under 1997 Wyoming Special
3 Session Laws, Chapter 3, Section 306, as amended. The sum
4 of these initial amounts, with additions, shall be divided
5 by the statewide ADM to determine a statewide average amount
6 per ADM. The initial amount, with additions, for any
7 district which is less than ninety-four percent (94%) of the
8 statewide average amount per ADM shall be increased to
9 ninety-four percent (94%) of the statewide average amount
10 per ADM. After all required increases, the initial amount,
11 with additions, shall be multiplied by the ADM for each
12 districtto determine the foundation program amount for each
13 district, except as otherwise provided by law and subsection
14 (t) of this section. For the purposes of this subsection,
15 the average daily membership (ADM) for each district's
16 kindergarten students shall be divided by two (2).
17
18 (t) The model amount for each district shall be
19 ninety-nine percent (99%) of the amount computed under
20 subsection (p) of this section and shall be used for the
21 purposes of computing hold harmless payments under 1997
22 Wyoming Special Session Laws, Chapter 3, Section 306, as
23 amended.
24
25 Section 212. W.S. 21-13-329 is created to read:
Page 45
1
2 21-13-329. Additional regional cost adjustment.
3
4 (a) There shall be added to the foundation program
5 amount computed under W.S. 21-13-309(p) an amount as
6 computed under this section.
7
8 (b) The amount shall be fifty percent (50%) of the
9 difference between:
10
11 (i) The foundation program amount computed under
12 W.S. 21-13-309(p) for the district using the regional cost
13 index under subsection (c) of this section if applicable;
14 and
15
16 (ii) The foundation program amount computed under
17 W.S. 21-13-309(p) for the district.
18
19 (c) For the purposes of making the computation under
20 paragraph (b)(i) of this section, there shall be no
21 exclusions from the housing component in the Wyoming cost-
22 of-living index used to make the computation under paragraph
23 (ii) of this subsection for a district if, using the average
24 of the six (6) versions of the Wyoming cost-of-living index
25 with the omissions and exclusions in paragraph (ii) of this
Page 46
1 subsection, the difference between the index for a district
2 and the average index for all districts is at least two-
3 thirds (2/3) of the difference between the highest and
4 lowest index for all districts.
5
6 Section 213. W.S. 21-13-330 is created to read:
7
8 21-13-330. Distance learning incentive.
9
10 (a) Effective for the 1999-2000 school year, and each
11 year thereafter, any school district offering and providing
12 the teacher for any course via distance learning technology
13 shall receive a payment from the foundation program of five
14 hundred dollars ($500.00) per student for every student who
15 takes the course and who attends school in a district other
16 than the district which employs the teacher. This payment
17 shall be in addition to the foundation program amount under
18 W.S. 21-13-309(p). The number of students shall be
19 determined by counting them as of the day after the normal
20 last date for students in their home school district to drop
21 a course. In the event there is insufficient money
22 appropriated from the foundation program, the state
23 superintendent shall make a pro rata reduction in the
24 payments to districts for each student.
25
Page 47
1 (b) The University of Wyoming and every community
2 college providing any course via distance learning
3 technology for dual high school and college credit shall
4 receive a payment from the foundation program as provided by
5 subsection (a) of this section for every high school student
6 from a high school outside the school district in which the
7 college instructor primarily responsible for the course is
8 located.
9
10 (c) If a separate appropriation is made for payments
11 under this section, no additional funds shall be made
12 available for such payments. If no separate appropriation
13 is made, the appropriation for schools from the foundation
14 program applies to payments under this section.
15
16 (d) Effective for the 2000-2001 school year, all
17 courses offered using interactive video equipment shall
18 begin on the hour. The state superintendent, with the
19 approval of the state board of education may establish a
20 different uniform starting time or schedule of starting
21 times for such courses. The state superintendent may grant
22 exceptions to the uniform rule for good cause shown in
23 individual cases.
24
Page 48
1 (e) Classrooms equipped with interactive video
2 equipment purchased pursuant to this act shall be available,
3 when not needed for school purposes, for use for
4 instructional purposes by the University of Wyoming or any
5 Wyoming community college. In the case of conflicting
6 requests for usage, the school district board of trustees
7 shall determine the usage. The school districts may charge
8 a fee for this use, but the fee shall not exceed the
9 additional cost incurred by the district to accommodate the
10 use. Such fees received shall not be included in the
11 computation of revenue for the district under W.S.
12 21-13-310.
13
14 Section 214. W.S. 21-13-331 is created to read:
15
16 21-13-331. Cooperative services incentive.
17
18 (a) If two (2) or more districts enter into an
19 arrangement to combine student transportation services, the
20 district shall receive an amount in addition to the
21 guarantee under W.S. 21-13-309(p) during the succeeding
22 school year, subject to the following:
23
24 (i) The combined service arrangement shall result
25 in a reduction in the total expenditures of both
Page 49
1 participating districts for the portion of total
2 transportation services included within the arrangement.
3 Districts participating in a combined service arrangement
4 may agree to apportion reduced expenditures among themselves
5 for the purposes of paragraph (ii) of this subsection;
6
7 (ii) This additional incentive shall be equal to
8 fifty percent (50%) of the total savings but shall not
9 exceed fifty thousand dollars ($50,000.00) for any one (1)
10 combined service arrangement; and
11
12 (iii) Each district participating in a combined
13 service arrangement shall report to and submit documentation
14 regarding the combined service arrangement to the state
15 department.
16
17 (b) If two (2) or more districts enter into an
18 arrangement to combine any program or service for children
19 with disabilities, the district shall receive an amount in
20 addition to the guarantee under W.S. 21-13-309(p) during the
21 succeeding school year, subject to the following:
22
23 (i) The combined arrangement shall result in a
24 reduction in the total expenditures of all participating
25 districts for that program, service or portion thereof which
Page 50
1 is included within the arrangement. Districts participating
2 in a combined service arrangement may agree to apportion
3 reduced expenditures among themselves for the purposes of
4 paragraph (ii) of this subsection;
5
6 (ii) This additional incentive shall be equal to
7 fifty percent (50%) of the total savings but shall not
8 exceed fifty thousand dollars ($50,000.00) for any one (1)
9 combined service arrangement; and
10
11 (iii) The district reports to and submits
12 documentation on the combined arrangement to the state
13 department.
14
15 (c) Districts shall report information necessary to
16 compute any additional payments resulting from combined
17 service agreements under subsection (a) or (b) of this
18 section at the same time they report actual revenue
19 collections for the purpose of reconciliation under W.S.
20 21-13-313(d). Not later than October 15 of each year,
21 school districts shall be paid from the school foundation
22 program any payments for which the district is eligible
23 under this section. None of the additional incentive
24 payments under this section shall be counted for the purpose
Page 51
1 of computing a district's entitlement to revenues for any
2 school year.
3
4 [Part II. 1998-1999 School Year]
5
6 Section 301. (Teacher Seniority - 1998-1999 School
7 Year) W.S. 21-13-309(o)(iii) is amended to read:
8
9 21-13-309. Determination of amount to be included in
10 foundation program for each district.
11
12 (o) The revised model amount per ADM for each district
13 computed under subsection (n) of this section shall be
14 further adjusted for the following. Unless otherwise
15 specified in this subsection, the adjustments under this
16 subsection shall be determined as specified in the cost of
17 education study, dated April 1997, and the spreadsheet
18 provided by the consultant performing the study related
19 thereto, both of which are on file in the legislative
20 service office:
21
22 (iii) In making computations for funding for the
23 1998-1999 school year the amount shall be adjusted for
24 seniority level of teachers in each district based upon the
25 seniority level of teachers employed by the district as of
Page 52
1 July 1 of the 1997-1998 school year; for which the
2 computation is made;
3
4 Section 302. (Transitional payments due to estimates)
5
6 (a) The legislature finds that to ensure an orderly
7 transition to the new school finance system and that
8 educational goods and services can be continuously provided
9 to students, relief should be provided to school districts
10 where:
11
12 (i) The school district budgeted in good faith
13 for the 1998-1999 school year based upon funding estimates
14 provided by the department of education during the spring of
15 1998; and
16
17 (ii) Through no fault of the district, the actual
18 funding authorized under law for the 1998-1999 school year
19 as computed in August 1998 was calculated to be
20 significantly less than the amount estimated in the spring
21 of 1998.
22
23 (b) For the 1998-1999 school year only, school
24 districts shall be entitled to funding as provided in this
25 section. This funding shall be in addition to all other
Page 53
1 funding available to the district in accordance with law.
2 Funding provided under this section shall be included in
3 calculating total revenue for the district during the 1998-
4 1999 school year when determining the district's eligibility
5 for "hold harmless" payments during the 1999-2000 school
6 year as provided under 1997 Wyoming Special Session Laws,
7 Chapter 3, Section 306, as amended.
8
9 (c) If the total revenue calculated for the district
10 used in estimates of the department of education as of April
11 30, 1998, is at least five percent (5%) greater than the
12 amount of revenue calculated by the department of education
13 as of August 11, 1998, the district shall be entitled to an
14 amount equal to the excess over five percent (5%). This
15 amount shall be made available to the district as if the
16 total revenue available to the district under W.S.
17 21-13-309(p) had been increased by this amount. To the
18 extent payments are required from the department to the
19 district due to this additional funding, payments shall be
20 made during the remainder of the school year proportionally
21 under W.S. 21-13-313.
22
23 (d) As used in subsection (c) of this section, "total
24 revenue" means the amount of revenue for the district
25 calculated under W.S. 21-13-309(p) plus payments for prior
Page 54
1 bus purchases under 1998 Special Session Laws, Chapter 2,
2 Section 101 and "hold harmless" payments under 1997 Special
3 Session Laws, Chapter 3, Section 306, as amended.
4
5 [Part III. Reports, Studies, Student Assessment and
6 Technology]
7
8 Section 401. (Special Education Adjustment)
9
10 (a) The state superintendent shall on or before
11 October 1, 2002, report to the joint education interim
12 committee on the special education adjustment provided under
13 W.S. 21-13-321. The report shall include a review of the
14 adjustment for the three (3) preceding school years and any
15 recommendations for modification of the adjustment.
16
17 (b) The joint education interim committee shall report
18 any recommendations on the special education adjustment to
19 the legislature for consideration by the 2003 legislature.
20
21 Section 402. (Vocational education data collection)
22
23 As required by law, the department of education submitted to
24 the select committee on school finance a report dated
25 September 25, 1998, entitled "The feasibility of developing
Page 55
1 a cost adjustment for vocational-technical education
2 programs." Consistent with the recommendations contained
3 therein, the department of education shall collect data
4 regarding vocational education equipment and supplies
5 expenditures from districts through district reporting
6 requirements established by the department. The purpose of
7 this reporting is to develop baseline data regarding
8 expenditures for vocational education equipment and
9 supplies. The department shall submit the report to the
10 joint education interim committee not later than October 1,
11 1999. The committee shall submit a report to the 2000
12 legislature regarding the feasibility of implementing an
13 adjustment to the school finance formula for vocational
14 education in light of the baseline data.
15
16 [Part IV. Public Education-Refinements and Conforming
17 Amendments]
18
19 Section 501. W.S. 21-2-203(e)(intro) and 21-13-313(e)
20 are amended to read:
21
22 21-2-203. School district data collection; division
23 established; duties and responsibilities specified.
24
Page 56
1 (e) On and after July 1, 1999 2000, the following
2 shall apply:
3
4 21-13-313. Distribution of funds from foundation
5 account; property tax and cash reserve adjustment;
6 regulations.
7
8 (e) Not later than October 1 January 31 of each fiscal
9 year, the department shall compute the amount by which each
10 district's operating balance and cash reserves at the end of
11 the preceding fiscal year exceed fifteen percent (15%) of
12 the total foundation program amount computed under W.S.
13 21-13-309 for the preceding fiscal year. In making this
14 calculation, the entire operating balance and cash reserves
15 for each district for the fiscal year ending June 30, 1997,
16 as computed by the department, shall be separately accounted
17 for and excluded, until it has been completely expended by
18 the district. Except as otherwise provided in 1997 Special
19 Session Laws, chapter 3, section 306(e), as amended, that
20 excess shall be deemed to be a state revenue under W.S.
21 21-13-310(a) for the purpose of determining distributions
22 under W.S. 21-13-311 and amounts to be rebated under W.S.
23 21-13-102. The department shall promulgate rules, including
24 reporting requirements and procedures for districts, to
25 implement this subsection. As used in this section,
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1 "operating balance and cash reserves" means those financial
2 resources of the district which are not encumbered by the
3 district board of trustees for expenditure to meet an
4 existing legal obligation or otherwise restricted by law or
5 regulation for expenditure on specific educational programs.
6 For purposes of this subsection, any balance within a
7 district's separate account established under W.S.
8 21-15-109(e) for major building and facility repair and
9 replacement shall be deemed restricted by law for
10 expenditure as provided by W.S. 21-15-109(e) and shall not
11 be considered an operating balance and cash reserve under
12 this section.
13
14 Section 502. (Fees for participation in activities)
15 W.S. 21-4-506 is created to read:
16
17 21-4-506. Participation in activities by students not
18 enrolled in the district; limitation on fees.
19
20 (a) Any school age child who is a resident of a school
21 district, who is not under suspension or expulsion by a
22 Wyoming school district and who is not enrolled as a full-
23 time student in the district in which he resides, shall be
24 permitted by the district to participate in any activities
25 which are sanctioned by the Wyoming high school activities
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1 association and which are offered by the district subject to
2 the following:
3
4 (i) The district may require the student to pay
5 any fees for participation which are required by the Wyoming
6 high school activities association;
7
8 (ii) The district may charge that student an
9 additional fee for participating, but that fee shall be no
10 more than any fee for participating charged to full-time
11 students of the district. The district shall not require
12 that student to pay tuition or to pay any other fees or
13 charges as a condition of participation;
14
15 (iii) As a condition of participation, the
16 student shall be required to comply with all other rules and
17 policies of the district or any school activities
18 association applicable to all students participating in the
19 activity and not related to the assessment of fees or
20 charges.
21
22 [Part V. Effective Dates]
23
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1 Section 601. This act is effective July 1, 1999,
2 except that sections 301 and 302 of this act are effective
3 immediately upon completion of all acts necessary for a bill
4 to become law as provided by Article 4, Section 8 of the
5 Wyoming Constitution.
6
7 (END)
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