Chapter 13 - School Finance
CHAPTER 13 - SCHOOL FINANCE
ARTICLE 1 - LOCAL FINANCIAL SUPPORT
21-13-101. Definitions.
(a) As used in this chapter:
(i) "Average daily membership" or "ADM"means the aggregate number of pupils present plus the aggregate number ofpupils absent, divided by the actual number of days the school is in sessionfor the year. Pupils who have withdrawn from school or who have been absentfor more than ten (10) consecutive calendar days shall not be counted asmembers;
(ii) Repealed By Laws 1997 Special Session, ch. 3, 304.
(iii) "District" means any school district as definedby law;
(iv) "Elementary school" means a school consisting ofkindergarten through grade five (5), or any appropriate combination of gradeswithin this range, as determined by the plan of organization for schoolsauthorized by the district board of trustees;
(v) "Foundation program" means the level of fundingwhich is to be made available to each district under this article so that eachdistrict is able to comply with the state uniform educational program standardsimposed under W.S. 21-9-101 and 21-9-102 and the uniform state student contentand performance standards prescribed by the state board of education under W.S.21-2-304(a)(v);
(vi) "High school" means a school consisting of gradesnine (9) through twelve (12), or any combination of grades within this range,as determined by the plan of organization by the district board;
(vii) "Middle school" means a school consisting ofgrades six (6) through eight (8), or any combination of grades within thisrange, as determined by the plan of organization by the district board;
(viii) "Kindergarten" means a class of pre-first-gradestudents;
(ix) "Public school foundation program account" and"foundation account" mean the account created by W.S. 21-13-306 foruse in financing education in public schools;
(x) Repealed by Laws 1994, ch. 17, 2.
(xi) "Teacher" means any member of the teaching orprofessional staff engaged in the service of the public schools for whomcertification is required as a condition of employment;
(xii) Repealed by Laws 1988, ch. 82, 2.
(xiii) "Year of college training" shall be thesuccessful completion of a one (1) year course of study approved by the statedepartment of education;
(xiv) "Education resource block grant model" means theblock grant model for Wyoming school finance contained within the enumerationof model components summarizing and executing recommendations within the 2005cost of education study as referenced in paragraph (xvii) of this subsectionand model spreadsheets provided by the consultant performing the 2005 cost ofeducation study referenced in paragraph (xviii) of this subsection, all ofwhich are enacted into law and are on file with the secretary of state, and asmay be subsequently modified by the legislature prior to future modelrecalibration required under W.S. 21-13-309(t);
(xv) Repealed By Laws 2006, Chapter 37, 2.
(xvi) "Prototypical school model" means a school level,comprised of cost, resource and enrollment parameters, as described within theeducation resource block grant model. The separate school levels identifiedwith the model are as follows:
(A) Elementary school - kindergarten through grade five (5)modeled at cost and resource levels for:
(I) Greater than forty-nine (49) ADM;
(II) Ninety-six (96) ADM;
(III) One hundred ninety-two (192) ADM; and
(IV) Two hundred eighty-eight (288) ADM.
(B) Middle school - grades six (6) through eight (8) modeled atcost and resource levels for:
(I) Greater than forty-nine (49) ADM;
(II) One hundred five (105) ADM;
(III) Two hundred ten (210) ADM; and
(IV) Three hundred fifteen (315) ADM.
(C) High school - grades nine (9) through twelve (12) modeledat cost and resource levels for:
(I) Greater than forty-nine (49) ADM;
(II) One hundred five (105) ADM;
(III) Two hundred ten (210) ADM;
(IV) Three hundred fifteen (315) ADM; and
(V) Six hundred thirty (630) ADM.
(xvii) "Attachment A" to 2006 House Bill 0139 consistsof an enumeration of model components as enacted into law, summarizing andexecuting recommendations contained within the 2005 cost of education study, asmodified by the legislature, and is hereby incorporated into this chapter bythis reference;
(xviii) "Attachment B" to 2006 House Bill 0139 consistsof the model spreadsheets, as enacted into law and as may from time to time bemodified by the legislature, implementing the 2005 cost of education study andthe enumeration of model components at Attachment A referenced in paragraph(xvii) of this subsection, and is hereby incorporated into this chapter by thisreference.
(b) Repealed By Laws 1998, ch. 2, 203.
(c) The secretary of state shall maintain and make availablefor public inspection in a hardcopy or electronic format, as applicable, orboth, during regular business hours, the education resource block grant modelas defined under paragraph (a)(xiv) of this section and as included in"Attachment A" referenced in paragraph (a)(xvii) of this section and"Attachment B" referenced in paragraph (a)(xviii) of this section, aseach are enacted into law, and including any technical correction which may beimplemented by rule and regulation of the state superintendent and filed withthe secretary of state pursuant to W.S. 21-2-202(e).
21-13-102. Maximum rate of school district tax; recapture of excess;equalization of permissive levies.
(a) Except as otherwise provided by law, the maximum rate ofschool district tax that may be levied for all school purposes, exclusive ofbond interest and redemption, for any school district in any school year oneach dollar of assessed valuation within the school district is as follows:
(i) In a unified school district:
(A) Twenty-five (25) mills shall be levied for combined elementary,junior high and high school purposes.
(B) Repealed By Laws 1997 Special Session, ch. 3, 103(a).
(C) Repealed By Laws 1997 Special Session, ch. 3, 104(a).
(D) Repealed By Laws 2006, Chapter 37, 2.
(E) Repealed By Laws 2006, Chapter 37, 2.
(ii) In any nonunified school district consisting ofkindergarten through grade eight (8):
(A) Twenty-five (25) mills shall be levied for school purposes.
(B) Repealed By Laws 1997 Special Session, ch. 3, 103(a).
(C) Repealed By Laws 1999, ch. 110, 103.
(D) Repealed By Laws 1997 Special Session, ch. 3, 104(a).
(E) Repealed By Laws 2006, Chapter 37, 2.
(F) Repealed By Laws 2006, Chapter 37, 2.
(b) Except as otherwise provided by law, on January 15, March15 and May 15 of each year in equal payments of twenty-five percent (25%) andthe balance to be paid on June 15, each school district shall rebate to thedepartment of education the amount by which the revenue from the sourcesprovided by W.S. 21-13-310 exceeds the foundation program costs determinedunder W.S. 21-13-309, as estimated to the districts on or before August 15 andas subsequently certified to the districts on or before March 1 of the currentfiscal year under subsection (e) of this section, to be credited to the publicschool foundation program account defined in W.S. 21-13-101(a)(ix).
(i) Deleted by Laws 1985, ch. 146, 1.
(ii) Deleted by Laws 1985, ch. 146, 1.
(iii) Repealed by Laws 1984, ch. 53, 2.
(iv) Repealed by Laws 1984, ch. 53, 2.
(c) Repealed By Laws 2008, Ch. 94, 2.
(d) Repealed By Laws 1997 Special Session, ch. 3, 103(a).
(e) Annually on or before August 15 the department shall notifyeach district subject to recapture of the estimated amount due to the stateduring the current fiscal year, using data from the previous school year. Uponreceipt of the state assessed values by school districts, and not later thanMarch 1 of the current fiscal year, the department shall certify to eachdistrict subject to recapture the amount of recapture for the fiscal year to beremitted to the state. The amount certified shall supersede the estimatescertified on or before August 15. If a district can demonstrate financialinability to make payments to the state as provided in subsection (b) of thissection, the superintendent of public instruction may adjust the schedule ofpayments provided by subsection (b) of this section if the financial integrityof the foundation program will not be jeopardized.
(f) Repealed By Laws 2006, Chapter 37, 2.
(g) Notwithstanding the foregoing, the computed recapture forany school district which is subject to recapture and which levies more thanthe state average mill levy for the sum of levies required or authorized underW.S. 21-13-102(a), 21-13-201(a) and 21-13-303(a) and for repayment of bondedindebtedness, shall be reduced by the percent which the stated mill levies inthe district exceed the state average for the stated mill levies. Each schooldistrict receiving a reduction under this subsection shall apply an equalamount of revenue from its operating funds to the repayment of bondedindebtedness during the ensuing fiscal year and reduce the amount of mill levyfor the repayment of bonded indebtedness accordingly. Following the first reductionunder this subsection, the department shall compute the required state averagesand district levies as if no reduction in mill levies for bonded indebtednesswere made and shall utilize mill levies for bonded indebtedness which wouldhave been required but for the application of this subsection.
(h) Repealed By Laws 2006, Chapter 37, 2.
(j) Repealed By Laws 2006, Chapter 37, 2.
21-13-103. Cancellation of unpaid warrants; remedy of holders.
Thetreasurer of each school district shall on the first Monday in April of eachyear cancel all unpaid warrants of such school district which have been issuedfor a period exceeding twelve (12) months, and shall at the same time certifyto the board of trustees of such school district the number and amount of eachwarrant which he has canceled. Such list of canceled warrants shall be enteredin the minutes of the board and published at least once in a regular issue of anewspaper published in the county, during the month in which such warrants werecanceled. Any person or persons holding a school district warrant which hasbeen canceled under the provisions of this section, may present such warrant tothe board of trustees of such school district at any subsequent time, not laterthan five (5) years after the date such warrant was canceled. The said boardof trustees shall issue to the holder of such school district warrant, a newwarrant covering the amount due on the original warrant at the time socanceled.
21-13-104. Repealed by Laws 1980, ch. 49, 3.
ARTICLE 2 - COUNTY FINANCIAL SUPPORT
21-13-201. Levy, collection and distribution of 6 mill school tax.
(a) Pursuant to article XV, section 17 of the constitution ofthe state of Wyoming, there shall be levied each year, by the countycommissioners in each county in the state, a tax of six (6) mills on the dollarof assessed valuation of the property within the county for the support andmaintenance of the public schools. This tax shall be collected by the countytreasurer.
(b) On or before September 1 of each year, the state departmentof education shall notify the treasurer of each county of the percentageproportion to be allocated from the countywide six (6) mill school levy to eachschool district in his respective county. The computation of the distributionof the countywide six (6) mill levy shall be made by the department ofeducation on the basis of the average daily membership (ADM) for the previousyear. This number, for each district, shall be converted into a percentage ofthe total average daily membership (ADM) for all school districts within thecounty. The county treasurer shall distribute the revenue arising from thecountywide six (6) mill levy among the school districts of the county accordingto the percentage computed above and pursuant to W.S. 21-13-207.
21-13-202. Repealed by Laws 1981, ch. 43, 2.
21-13-203. Repealed by Laws 1981, ch. 43, 2.
21-13-204. Repealed by Laws 1981, ch. 43, 2.
21-13-205. Repealed by Laws 1981, ch. 43, 2.
21-13-206. Disposition of fines, penalties and forfeitures.
Allfines, penalties, and forfeitures provided by the school laws may be recoveredby an action by any citizen in the name of the people of the state of Wyomingfor the use of the proper school district or county, and when they accrue,shall belong to the school district or county in which they have accrued andshall be deposited with the county treasurer.
21-13-207. Apportionment of funds by county treasurer.
Onthe second Monday of each month, the county treasurer shall apportion allmonies in the county treasury belonging to the county school fund, includingall interest earned thereon and including fines and forfeitures, among thevarious school districts of the county in the same percentages as provided by W.S.21-13-201(b) and shall immediately pay the amount to each school district.
ARTICLE 3 - STATE FINANCIAL SUPPORT
21-13-301. Distribution to school districts of money in common schoolaccount for use of public schools.
Between January 1 and June 30 of each year,if there is any money to the credit of the common school account within thepermanent land income fund for the use of the public schools in the statetreasury, the state treasurer shall, after making any distributions necessaryunder W.S. 21-15-108(a), distribute the income in the account to the schoolfoundation program. The state treasurer may make distributions to the schoolfoundation program under this section at such times and in such amounts as maybe advantageous for the state's investment program and cash management, but allincome shall be credited to the school foundation program not later than June30 of each year.
21-13-302. Repealed by Laws 1989, ch. 260, 3.
21-13-303. Levy of state tax; disposition of funds; reduction of milllevy.
(a) For the support of the public elementary and secondaryschools of the state, there shall be assessed and levied each year a state taxof twelve (12) mills on the dollar of the assessed valuation of the propertywithin the state as certified on August 10 under W.S. 39-11-102.1(c)(v) exceptas provided in subsection (c) of this section. The tax is in addition to anyand all other taxes authorized by law.
(b) The funds that may accrue under this section shall beplaced in a separate account. Balances in the account, if any, shall not lapseor be transferred to any other fund or account.
(c) Between July 1 and July 10 of each year the state auditorand the state treasurer shall determine if the unobligated average dailygeneral fund balance over the preceding fiscal year exceeds twenty percent(20%) of the amount of the general fund appropriations for the presentbiennium. If the unobligated average daily general fund balance exceeds twentypercent (20%) of the amount appropriated, the excess is appropriated and shallbe transferred into the foundation program account as soon as possible. Theauditor and treasurer shall immediately notify the state board of equalizationof the amount to be transferred. Based on the current assessed valuation ofthe state, the board shall compute the estimated amount of revenue to beproduced by a twelve (12) mill levy, subtract the amount transferred to thefoundation program account and then compute the mill levy necessary to producethe difference. The board shall certify the recomputed mill levy to the countyassessors to be levied and collected in lieu of the twelve (12) mill state levyfor the next tax year.
21-13-304. State treasurer to keep separate account.
Thestate treasurer shall keep a separate account and except as otherwise providedby law all monies appropriated for school purposes shall be kept in suchaccount.
21-13-305. Renumbered by Laws 1983, ch. 136, 2.
21-13-306. Foundation program account established; disposition ofmonies.
(a) The public school foundation program account is establishedto consist of funds appropriated to, or designated to the account by law, or bygift from whatever source, for distribution to districts in accordance withthis article.
(b) Within the limits of legislative appropriation, if any, theresources of the public school foundation account shall be paid into the statetreasury and shall be drawn out and distributed to the districts uponcertification of the state superintendent and upon vouchers approved by thestate auditor payable to the treasurer of the several districts.
(c) Any unobligated, unencumbered funds remaining in the schoolfoundation program account in excess of one hundred million dollars($100,000,000.00) as of June 30 of any fiscal year shall be deposited to theschool capital construction account established by W.S. 21-15-111.
21-13-307. Eligibility to share in distribution of money fromfoundation account; mandatory financial reporting.
(a) Each district which meets the following requirements iseligible to share in the distribution of funds from the foundation account:
(i) Employed and compensated teachers for not less than nine(9) school months during the previous year and has actually employed and iscompensating at least one (1) teacher for the current year, except that a newlyorganized district need not have employed any teachers during the previous yearin order to qualify for its first year of operation;
(ii) Operated all schools for a term of at least one hundredeighty-five (185) days or the number of days or equivalent hours authorizedunder an alternative schedule approved by the state board during the previousschool year. If the school term of any school in a district was less than onehundred eighty-five (185) days or less than the total number of days authorizedunder an alternative schedule approved by the state board, the amount allottedper average daily membership (ADM) under W.S. 21-13-309 for the school shall bein proportion to the length of the term the school actually operated, unlesscaused by closures of schools:
(A) Due to fuel shortages, fire, construction problems,weather, civil disturbance or threatened civil disturbance, days of nationalrecognition, widespread illnesses; or
(B) Whenever necessary to protect the health, safety or welfareof students, teachers and other employees and closures are approved by thestate superintendent or are the result of presidential or gubernatorialexecutive orders.
(iii) Furnishes to the state superintendent statistical data andinformation as reasonably required to compute a district's entitlement to sharein the foundation account and the extent of the entitlement.
(b) Each district shall provide financial reports to thedepartment on forms and in such manner required by the department under W.S.21-2-203 and by rules and regulations promulgated by the state superintendentof public instruction pursuant to this article. In administering this article,the state superintendent may conduct audits of information submitted bydistricts under this article as necessary to administer and performcomputations pertaining to the cost components within the education resourceblock grant model, and may, after consulting and negotiating with the schooldistrict, correct the information reported by districts under this article tofairly and accurately reflect the data type, classification and formatnecessary to perform computations required to administer the school financesystem established under this article.
21-13-308. Repealed By Laws 1997 Special Session, ch. 3, 304.
21-13-309. Determination of amount to be included in foundation programfor each district.
(a) Repealed By Laws 1997 Special Session, ch. 3, 304.
(b) Repealed By Laws 1997 Special Session, ch. 3, 304.
(c) Repealed By Laws 1997 Special Session, ch. 3, 304.
(d) Repealed By Laws 1997 Special Session, ch. 3, 304.
(e) Repealed By Laws 1997 Special Session, ch. 3, 304.
(f) Repealed By Laws 1997 Special Session, ch. 3, 304.
(g) Repealed by Laws 1993, ch. 168, 2.
(h) Repealed by Laws 1993, ch. 168, 2.
(j) Repealed by Laws 1993, ch. 168, 2.
(k) Repealed By Laws 1997 Special Session, ch. 3, 304.
(m) In determining the amount to be included in the foundationprogram for each district, the state superintendent shall:
(i) Repealed By Laws 2006, Chapter 37, 2.
(ii) Repealed By Laws 2006, Chapter 37, 2.
(iii) Repealed By Laws 2006, Chapter 37, 2.
(iv) Based upon reports from each district on schools operatingwithin that district for the current school year and on grade configurationscontained within each reported school during that school year, compute theaverage daily membership (ADM) for each reported school and each grade withineach reported school in accordance with identified grade configurations subjectto the following:
(A) The average daily membership (ADM) for each reported schoolshall be computed based upon the average of the school's ADM counts completedat the end of the three (3) immediately preceding school years or the school'sADM for the previous school year, whichever is greater;
(B) For school year 2006-2007, the configuration of grades foreach school shall be based upon the ADM reported for each grade in whichstudents were enrolled for the 2005-2006 school year;
(C) After the 2006-2007 school year, and excluding charterschools established under W.S. 21-3-301 through 21-3-314, any modification tothe configuration of grades in which students are enrolled during any schoolyear such that the configuration differs from that in which students wereenrolled during the 2005-2006 school year shall be documented by the districtwithin reports submitted under this subsection and shall require approval bythe state superintendent. Approval by the state superintendent under thissubparagraph shall be based upon appropriate delivery of the requirededucational program, the cost effectiveness of the modified grade configurationfor the delivery of adequate educational services to students and anyextraordinary circumstances related to the safe and efficient delivery of theeducation program to students. This subparagraph relates only to theconfiguration of schools for application to the education resource block grantmodel and not to the authority of a district to configure grade levels at eachof its schools.
(v) Based upon ADM computations and identified schoolconfigurations within each district pursuant to paragraph (iv) of thissubsection, compute the foundation program amount for each district asprescribed by the education resource block grant model adopted by the Wyominglegislature as defined under W.S. 21-13-103(a)(xiv), as contained within thespreadsheets and accompanying reports referenced under W.S. 21-13-101(a)(xvii)and (xviii) and on file with the secretary of state pursuant to W.S.21-13-101(c). The following criteria shall be used by the state superintendentin the administration of the education resource block grant model:
(A) At-risk students, for purposes of model computations, shallinclude students within a school who are eligible for participation in the freeand reduced price lunch program under the national school lunch programestablished by 42 U.S.C. 1751 et seq., who are identified as limited Englishproficiency in accordance with rules and regulations of the department ofeducation or who are mobile students as defined by department rule andregulation and enrolled in grades six (6) through twelve (12) for theapplicable school year. A student shall be counted only once for purposes ofcomputing school at-risk student populations even though that student maysimultaneously be eligible to participate in the free and reduced price lunchprogram, in programs serving students with limited English proficiency or isdefined as a mobile student;
(B) Alternative schools qualifying for separate considerationunder the education resource block grant model may be established by a schooldistrict for offering educational programs to students with educational needswhich the district finds are not appropriately met by other schools in thedistrict, excluding charter schools established under W.S. 21-3-301 through21-3-314. Alternative schools included within a district's configuration ofschools identified under paragraph (iv) of this subsection shall for purposesof the education resource block grant model:
(I) Be approved as an alternative school by the department ofeducation prior to July 1, 2006;
(II) Repealed By Laws 2007, Ch. 147, 102.
(III) Unless otherwise authorized by the state superintendent, berestricted to not more than one (1) alternative school within any schooldistrict.
(C) Salaries for all school and district level staffingcategories, including teachers, principals and assistant principals, centraloffice administrators, secretarial and clerical staff, operations andmaintenance staff and aides and media technicians, shall be based upon averagestatewide salary levels calibrated for school year 2005-2006 for each staffingcategory including the experience, education and responsibility level asappropriate and as computed for each staffing category. The statewide averagefor each staffing category shall be adjusted for each district based upon thedistrict experience, education and responsibility level relative to thestatewide average for that category. District experience, education andresponsibility level by appropriate staffing category shall be updated eachyear such that district adjustments reflect the prior school year staffinginformation. The district adjusted average salary for each staffing categoryshall be further adjusted for regional cost differences as measured by thegreater of the hedonic wage index or the Wyoming cost-of-living index computedby the division of economic analysis, department of administration andinformation, with a minimum of one hundred (100) index value, as prescribed bythe education resource block grant model. For purposes of the educationresource block grant model, the version of the Wyoming cost-of-living indexused by the division shall be based upon the unrecalibrated housing cost indexweights unless otherwise determined by the legislature based uponrecommendation of the joint education interim committee. In addition, theversion of the Wyoming cost-of-living index applied under this subparagraph forany school year shall be the average of the six (6) consecutive semi-annualindex reports completed by January 1 of the immediately preceding school year;
(D) Vocational education computations within the educationresource block grant model shall be based upon:
(I) The number of students enrolled in grades nine (9) throughtwelve (12) participating in career-vocational education programs on afull-time equivalency (FTE) basis, as computed in accordance with guidelinesestablished by the department of education;
(II) Career-vocational education programs offered in grades nine(9) through twelve (12) consisting of a sequence of three (3) or morevocational courses in an occupational area or career cluster that providesstudents with the technical knowledge, skills or proficiencies necessary toobtain employment in current or emerging occupations or to pursue advancedskill training. To qualify under this subdivision, a vocational course shallbe offered pursuant to W.S. 21-9-101(b)(i)(J) and aligned with state contentand performance standards prescribed by the state board of education under W.S.21-2-304(a)(iii), and except as provided under W.S. 21-2-202(a)(xxvii), shallbe provided by a teacher certified by the Wyoming professional teachingstandards board for the vocational subject area associated with the course;
(III) The number of full-time equivalent (FTE) vocationaleducation teachers within the school, as computed in accordance with guidelinesprescribed by the department, providing career-vocational education instructionin grades nine (9) through twelve (12) and except as provided under W.S.21-2-202(a)(xxvii), certified by the Wyoming professional teaching standardsboard to provide instruction at the high school level for vocational educationcourses comprising career-vocational education programs. Nothing in thissubdivision shall require a district to employ teachers certified for highschool vocational education instruction on a full-time basis or to requireteachers to teach only high school vocational education courses on a full-timebasis.
(E) Amounts computed under the education resource block grantmodel for each school district based upon amounts generated by each schoolwithin the district and based upon amounts generated at the district level forthat district within the block grant model, shall be adjusted by adding thefollowing amounts:
(I) An amount for district transportation of school children asprovided under W.S. 21-13-320;
(II) An amount for district special education programs andservices as provided under W.S. 21-13-321;
(III) An amount for any extra compensation payments to districtteachers as provided under W.S. 21-13-324;
(IV) An amount for any isolation and maintenance payments by thedistrict as provided under W.S. 21-4-401;
(V) An amount for any tuition and maintenance payments made bythe district pursuant to W.S. 21-4-501(d), 21-4-504 and 21-4-505(a).
(F) Amounts provided within the model for health insuranceshall be based upon:
(I) Prior year statewide average district weighted actualparticipation in district health insurance plans as to the proportion ofemployee only, split contracts, employee plus spouse or children and family coverage;and
(II) The annualized state contribution rate as of January 1 ofthe preceding school year, on behalf of each employee and official enrolled inthe state group health insurance plan, for employee only, split contracts,employee plus spouse or children and family coverage.
(G) Amounts within the block grant model for maintenance andoperations shall be based upon actual gross square footage of school buildingsand facilities subject to the following:
(I) Actual gross square footage of school buildings andfacilities shall be separated into education and noneducation space categoriesby school and by district, including leased square footage but excluding squarefootage not used for delivering the required educational program and the squarefootage of any building or facility closed and not operational as providedunder W.S. 21-15-109(c)(iv);
(II) Actual gross square footage of education space shall be thegross square footage prescribed by statewide building adequacy standardspromulgated pursuant to W.S. 21-15-115. Education space capacity in excess ofthe following specified maximum percentages of the standard space level shallnot be included in actual gross square footage computations under thissubdivision:
(1) For school years 2006-2007 through 2008-2009, one hundred twenty-five percent(125%) of the standard space level;
(2) For school year 2009-2010 and each school year thereafter, one hundred fifteenpercent (115%) of the standard space level.
(III) Actual square footage of noneducation space shall notexceed ten percent (10%) of total gross square footage of education space asprescribed by the statewide building adequacy standards.
(n) Repealed By Laws 2002, Chapter 76, 3; 2006, Chapter 37, 2.
(o) To the extent specifically provided within the schoolfoundation program budget as enacted by the legislature, and between periods ofmodel recalibration required under subsection (t) of this section, the amountcomputed for each district under subsection (m) of this section excluding thoseamounts specified under subparagraphs (m)(v)(E) and (F) of this section, shallbe adjusted to provide for the effects of inflation. The adjustment under thissubsection shall not be applied until the expiration of the school yearimmediately following the first school year of application of the recalibratedmodel, and shall be adjusted on a cumulative basis each school year thereafterand until the first school year of application of a subsequent modelrecalibration. The joint appropriations committee shall submit arecommendation to the legislature and the governor not later than November 1 ofeach applicable year on an external cost adjustment for purposes of thissubsection.
(i) Repealed By Laws 2006, Chapter 37, 2.
(ii) Repealed By Laws 2006, Chapter 37, 2.
(p) Except as otherwise provided by law and following thecomputation and application of any adjustment under subsection (o) of thissection, the amount computed for each school within each district shall becombined with the amount computed and provided on a district level for thatdistrict, as prescribed by the education resource block grant model, todetermine the foundation program amount for each district.
(q) Repealed By Laws 2006, Chapter 37, 2.
(r) Repealed By Laws 2006, Chapter 37, 2.
(s) Repealed By Laws 2006, Chapter 37, 2.
(t) Not less than once every five (5) years, the legislatureshall provide for the recalibration of the education resource block grant modelto determine if modifications are necessary to ensure it remains cost-based inlight of changing conditions and modifications to law.
21-13-310. Annual computation of district revenues.
(a) To ensure revenues available to each district are uniformlysufficient to enable compliance with the uniform standards for educationalprograms prescribed under W.S. 21-9-101 and 21-9-102 and to secure state boardaccreditation of educational programs under W.S. 21-2-304(a)(ii), the revenuesspecified under this subsection shall be deemed state revenues and shall beconsidered in determining the amount to be distributed to each district underW.S. 21-13-311. A district shall make an annual computation of the followingrevenues:
(i) The revenue collections to be received by each districtduring the school year as its proportionate share of the county six (6) milllevy imposed under W.S. 21-13-201(a) as certified on August 10 under W.S.39-11-102.1(c)(v) for that school year;
(ii) The required local tax effort in the current school yearfor the assessment and levy of school taxes by the district according to thefollowing schedule:
(A) Any district actually and physically operating a schoolwithin the boundaries of the district offering instruction in kindergartenthrough grade twelve (12), the amount of revenue collections to be receivedduring the school year under the twenty-five (25) mill local district levy ascertified on August 10 under W.S. 39-11-102.1(c)(v) for that school year;
(B) Any nonunified district actually and physically operating aschool within the boundaries of the district offering instruction inkindergarten through grade eight (8), the amount of revenue collections to bereceived during the school year under the number of mills levied pursuant toW.S. 21-13-102(a)(ii)(A), as certified on August 10 under W.S.39-11-102.1(c)(v) for that school year.
(iii) Repealed by Laws 1981, ch. 43, 2.
(iv) Repealed By Laws 2000, Ch. 12, 3.
(v) The district's share of fines and forfeitures distributedto it during the previous school year, including penalties distributed underW.S. 35-11-424(c);
(vi) The district's share of forest reserve funds distributed toit during the previous year under W.S. 9-4-504;
(vii) The district's share of Taylor Grazing Act fundsdistributed to it during the previous school year under W.S. 9-4-402;
(viii) The district's share of the county motor vehicle funddistributed to it during the previous school year by the county treasurer underW.S. 31-3-103;
(ix) The amount of tuition paid to the district during theprevious school year, including any amount charged under W.S. 21-4-501 and anyamount assessed in excess of the costs incurred for adult education programs,summer school programs, programs provided under an agreement for cooperativeeducational programs under W.S. 21-20-101 through 21-20-111 and any amountassessed for programs and services for children with disabilities, butexcluding any tuition assessed by a district for the provision of distanceeducation programs to participating nonresident students pursuant to W.S.21-13-330;
(x) Repealed by Laws 1990, ch. 122, 2.
(xi) Repealed by Laws 1999, ch. 110, 209.
(xii) The district's share of interest and penalties ondelinquent taxes under W.S. 39-13-108(b)(ii) and (c) distributed to it duringthe previous school year by the county treasurer;
(xiii) The district's share of railroad car company taxesdistributed to it during the previous school year by the county treasurer underW.S. 39-13-111(a)(iii);
(xiv) Except as provided under W.S. 21-15-114(a)(x), any amountreceived by the district during the preceding school year from the sale of realor personal property which was not owned by the district prior to July 1, 1997;
(xv) All other revenues received or collected by the districtduring the previous school year, but excluding any amount received from privatecontributions and gifts, excluding any revenues dedicated by law to the paymentof bonded indebtedness, and any revenues from the disposition of schoolbuildings and land pursuant to W.S. 21-15-114(a)(x), and excluding fees orother charges imposed by the district for goods or services, such as rentalfees and the price paid for admission into any place for recreation,entertainment or an athletic event. Upon application of a district, thedepartment shall exclude from this paragraph revenue received by the districtif the department finds that the revenue could not be used by the district toprovide educational services to students.
(b) On or before July 10 of each year the county treasurer ofeach county shall certify to the state superintendent, in such form as thestate superintendent shall provide, a report of monies distributed by him toeach district within the county during the previous school year.
(c) Annually, commencing on July 30, 1984, the state board ofequalization, when determinable, shall certify to the department of educationwhether or not the level of local assessments for any category in each countyis in accord with the requirements of the board of equalization and, if not,the percent by which the assessments are below the board's requirements.
(d) As used in this section, assessed valuation means theassessed valuation certified on August 10 under W.S. 39-11-102.1(c)(v).
(e) Repealed by Laws 1989, ch. 260, 3.
(f) Repealed by Laws 1990, ch. 122, 2.
(g) Repealed by Laws 1993, ch. 107, 2.
21-13-311. Determination of amount to be distributed to each districtfrom foundation account; undistributed balance.
(a) The amount of money which shall be distributed to eachdistrict from the foundation account shall be determined by subtracting the sumof the district revenues computed in accordance with W.S. 21-13-310 from thetotal amount of the foundation program computed in accordance with W.S.21-13-309.
(b) Repealed By Laws 1997 Special Session, ch. 3, 304.
(c) The amount of the foundation account which is notdistributed in any year, for any reason, shall be held in the foundationaccount for distribution in subsequent years in accordance with this article.
21-13-312. Prorating payments when income from foundation accountinsufficient.
(a) To preserve the integrity of the foundation account for thebiennium and so that payments can be made during the full school year for eachyear of the biennium, if it appears to the state superintendent that the incomeavailable to the foundation program account is not sufficient to meet thepayments as provided by law:
(i) The state superintendent shall determine a uniformpercentage by which the amount guaranteed to each district under W.S. 21-13-309shall be reduced so that available revenues in the foundation program accountfor that school year are as nearly as possible equal to the amount necessary tofund payments to districts under W.S. 21-13-313; and
(ii) The revenue to be rebated by a district under W.S.21-13-102(b) shall be adjusted based upon the guaranteed amount for thatdistrict determined under paragraph (a)(i) of this section.
21-13-313. Distribution of funds from foundation account; property taxand cash reserve adjustment; regulations.
(a) For each school year the state auditor, on thecertification of the state superintendent, shall draw warrants on the statetreasurer for the amount of money which shall be distributed to each districtfrom the foundation account as computed under W.S. 21-13-311. The warrants,payable to the treasurer of the district concerned, shall be delivered to thestate superintendent for distribution to the several school districts.
(b) The state superintendent shall determine on or beforeAugust 15 of each year the tentative allotment of foundation funds to whicheach district is entitled under this article. In making this determination, thestate superintendent may, if current fiscal information required by law tocompute the tentative allotment is not available for any district by August 1of that year, use fiscal information available to the state superintendent fromthe foundation program computations of the previous school year for that district.The previous year's fiscal information shall be adjusted to reflect currentfiscal changes and other information known by or available to the statesuperintendent. Upon receiving actual fiscal information from a district, thestate superintendent shall accordingly adjust future foundation programdeterminations for that district such that foundation program paymentsappropriately reflect current fiscal information for the applicable schoolyear.
(c) One-third (1/3) of each district's entitlement shall bepaid to the district on August 15 of each year. Subject to any adjustment undersubsections (d) and (e) of this section, on or about the fifteenth day ofOctober and February, the balance of the entitlements shall be distributed inequal payments. If, after March 1 and before April 1, the state superintendentdetermines that the entitlement paid to a district for that school year is notaccurate, the state superintendent shall make additional payments to or requirepayments from that district as necessary to correct the inaccuracy as soon aspracticable. Except as provided under W.S. 21-2-202(e), after March 31 of anyschool year, the state superintendent shall not adjust any district'sentitlement or fiscal information used to compute a district's entitlement forthat school year, and the entitlement or fiscal information shall only beadjusted thereafter in accordance with audit review pursuant to W.S. 9-1-513.
(d) On or before August 15 of the succeeding fiscal year, eachschool district shall report the amount of revenue it received during thepreceding fiscal year attributable to levies provided by W.S.21-13-102(a)(i)(A) and (ii)(A) and 21-13-201 regardless of the assessment year,but not to include assessments from years prior to July 1, 1991. If thoserevenues reported are less than the revenues estimated under W.S.21-13-310(a)(i) and (ii) for that fiscal year, as applicable, and if thedistrict's total revenues computed under W.S. 21-13-310 for that fiscal yearcontinue to be less than the total foundation program amount computed underW.S. 21-13-309, the school district shall be paid the difference by October 15from the foundation program account. No amount in excess of the totalfoundation program amount computed for any district for that fiscal year shallbe paid from the foundation program account for purposes of this subsection. Any amount paid under this subsection shall not thereafter be relevant to orused for future foundation program calculations. If those revenues reported aregreater than the revenues estimated under W.S. 21-13-310(a)(i) and (ii) forthat fiscal year, as applicable, the excess shall be included as revenues ofthe district under W.S. 21-13-310 in computing the foundation entitlement forthe succeeding fiscal year.
(e) Not later than January 31 of each fiscal year, thedepartment shall compute the amount by which each district's operating balanceand cash reserves at the end of the preceding fiscal year exceed fifteenpercent (15%) of the total foundation program amount computed under W.S.21-13-309 for the preceding fiscal year. In making this calculation, the entireoperating balance and cash reserves for each district for the fiscal yearending June 30, 1997, as computed by the department, shall be separatelyaccounted for and excluded, until it has been completely expended by thedistrict. Revenues from settlements of protested amounts attributable to leviesassessed under W.S. 21-13-102(a)(i)(A) and (ii)(A) and 21-13-201, regardless ofthe assessment year, shall be accounted for and excluded from the calculationunder this subsection for a period of not more than one (1) year following thatfiscal year in which the revenue was received by a district, as verified inwriting by the district and certified by the county treasurer. Except asotherwise provided in 1997 Special Session Laws, chapter 3, section 306(e), asamended, and except as excluded under this subsection, that excess shall bedeemed to be a state revenue under W.S. 21-13-310(a) for the purpose ofdetermining distributions under W.S. 21-13-311 and amounts to be rebated underW.S. 21-13-102. The department shall promulgate rules, including reportingrequirements and procedures for districts, to implement this subsection. Asused in this section, "operating balance and cash reserves" meansthose financial resources of the district which are not encumbered by thedistrict board of trustees for expenditure to meet an existing legal obligationor otherwise restricted by law or regulation for expenditure on specificeducational programs. For purposes of this subsection, any balance within adistrict's separate account established under W.S. 21-15-109(e) for majorbuilding and facility repair and replacement shall be deemed restricted by lawfor expenditure as provided by W.S. 21-15-109(e) and shall not be considered anoperating balance and cash reserve under this section.
(f) Repealed By Laws 1998, ch. 2, 803.
(g) In addition to subsections (b) and (c) of this section, thestate superintendent shall for any district subject to W.S. 21-13-102(b) asdetermined by the department for any school year, provide payments from theschool foundation program account in an amount equal to one-third (1/3) of thefoundation program amount computed for that district for that school year inaccordance with W.S. 21-13-309. The computed amount shall be paid to eacheligible district on August 15 based upon tentative computations under W.S.21-13-309, for which the department may use fiscal information available fromfoundation program computations for the previous school year in the mannerprovided under subsection (b) of this section. Any district receiving apayment under this subsection shall repay the foundation program account byJune 15 of that school year.
21-13-314. Repealed by Laws 1983, ch. 136, 3.
21-13-315. Costs of court ordered placement of children in privateresidential treatment facilities, group homes, day treatment programs andjuvenile detention facilities.
(a) The department of family services shall establish anaccount to pay residential and treatment costs excluding educational andmedical costs of court ordered placements of children in private residentialtreatment facilities and group homes located in Wyoming. Programs providing educationservices including programs for children with disabilities provided by a boardof cooperative educational services, shall bill the department of educationdirectly for educational costs of court ordered placements. In addition, costsof all related services for children with disabilities and costs of educationassessment for other children incurred as a result of court order prior to anyplacement, shall be billed directly to the department of education. Thedepartment of family services shall promulgate reasonable rules and regulationsto provide procedures for implementing subsection (m) of this section. If thecourt rejects an in-state placement recommendation of the predisposition reportor multidisciplinary team under W.S. 14-6-227, the court shall enter on therecord specific findings of fact relied upon to support its decision to deviatefrom the recommended disposition. No court shall order an out-of-stateplacement unless:
(i) Evidence has been presented to the court regarding thecosts of the out-of-state placement being ordered together with evidence of thecomparative costs of any suitable alternative in-state treatment program orfacility, as determined by the department of family services pursuant toparagraph (d)(vii) of this section, whether or not placement in the in-stateprogram or facility is currently available;
(ii) The court makes an affirmative finding on the record thatno placement can be made in a Wyoming institution or in a private residentialtreatment facility or group home located in Wyoming that can provide adequatetreatment or services for the child; and
(iii) The court states on the record why no in-state placement isavailable.
(b) Except to the extent costs are covered under subsection (n)of this section, the department of education using federal or foundation funds,or both, shall pay for the allowable education costs of juvenile and districtcourt ordered placements of children residing in private treatment facilitiesand group homes where a fee is charged, including court ordered placements inprograms for children with disabilities provided by a board of cooperativeeducational services. No district shall receive funds, either directly orindirectly, from any facility or home receiving payment under this section forproviding education programs and services to children placed and residing inthe facility or home, but the district may count the children among its averagedaily membership. The department of education shall adopt reasonable rules andregulations prescribing standards and allowable costs for educational programservices funded under this section. Standards shall be subject to W.S. 21-9-101and 21-9-102 and rules and regulations of the state board and shall be designedto fit the unique populations of residential centers, group homes, programs andservices provided by boards of cooperative educational services and out ofstate placement facilities.
(c) Costs shall be billed monthly by the program provider to:
(i) The department of family services account for residentialand treatment services; and
(ii) Except to the extent costs are covered under subsection (n)of this section, the department of education for approved educational servicesspecified under subsection (b) of this section.
(d) If a placement of a child is to be made and funded underthis section, the predisposition study required by W.S. 14-6-227 shall include:
(i) A description of efforts to provide services to the childin the home prior to placement;
(ii) Contact with other agencies involved with the child. At aminimum, those contacted shall include the child's school and the field officeof the department of family services;
(iii) The presence of any preexisting and identified handicappingconditions;
(iv) A review of the financial resources of the child's parentor guardian;
(v) A certification by the department of family services thatfunding for the placement is available within the appropriation. The placementof the child shall not be funded under this section if the department of familyservices is unable to make the certification. The department of familyservices shall make the certification only if unencumbered funds are availablewithin the appropriation making allowance for the costs for children alreadyplaced. Funds shall not be certified available if an adequate, lessrestrictive, less expensive placement is available;
(vi) The names of persons and agencies contacted in preparingthe report; and
(vii) If an out-of-state placement is under consideration, thename, address, program description and costs of each Wyoming institution andeach private residential treatment facility and group home located in Wyomingthat the department of family services has determined can provide adequate treatmentor services for the child, and whether placement in the in-state institution,treatment facility or group home is available.
(e) If at any time the placement is found to be educationallyinappropriate or not the least restrictive placement available, the placementshall be referred back to the court with a recommendation on what would be asuitable placement.
(f) Only group homes and residential treatment facilitiescertified by the department of family services are eligible to receive fundingfor residential and treatment services under this section. Costs for educationservices shall be paid by the department of education under this section onlyif the educational program of the group home or residential treatment facilityor the program provided by the board of cooperative educational services meetsthe standards of subsection (b) of this section and has been approved by thedepartment. The department of family services and the department of educationshall provide the courts with a list of approved facilities and services. Thecourt shall determine the parents' or the guardian's contribution to the courtordered placement for all costs excluding necessary education costs based onthe parents' or guardian's ability to pay as provided by W.S. 14-6-236.
(g) Repealed by Laws 1987, ch. 221, 2.
(h) In the placement order the court shall declare the child'sschool district or school districts of residency in any district or districtswhich it deems proper in the best interests of the child. The declaration bythe court shall be binding upon the school districts.
(j) In the placement order the court shall determine thatadequate efforts were made to maintain the child in the child's home prior toplacement.
(k) This section applies to children who are at least six (6)years of age but who are under eighteen (18) years of age.
(m) The department of family services shall regularly monitorthe amount of unencumbered funds available within the appropriation makingallowance for the costs for children already placed. If the projected costsexceed the amount available, the division shall terminate its contracts forservices under this section after notice of thirty (30) days and reduce therates it pays to all providers by a uniform percentage. The percentage shallbe determined by the division and shall bring the costs and projected fundavailability into balance. The division shall readjust rates dependent uponchange in availability of funds.
(n) Prior to billing the department of education underparagraph (c)(ii) of this section, program providers shall bill the departme