Chapter 6 - School District Organization
CHAPTER 6 - SCHOOL DISTRICT ORGANIZATION
ARTICLE 1 - IN GENERAL
21-6-101. Repealed by Laws 1997, ch. 189, 3.
21-6-102. Repealed by Laws 1997, ch. 189, 3.
21-6-103. Repealed by Laws 1997, ch. 189, 3.
21-6-104. Repealed by Laws 1997, ch. 189, 3.
21-6-105. Repealed by Laws 1997, ch. 189, 3.
21-6-106. Repealed by Laws 1997, ch. 189, 3.
21-6-107. Repealed by Laws 1997, ch. 189, 3.
21-6-108. Repealed by Laws 1997, ch. 189, 3.
21-6-109. Repealed by Laws 1997, ch. 189, 3.
21-6-110. Repealed by Laws 1997, ch. 189, 3.
21-6-111. Repealed by Laws 1997, ch. 189, 3.
21-6-112. Repealed by Laws 1997, ch. 189, 3.
21-6-113. Repealed by Laws 1997, ch. 189, 3.
21-6-114. Repealed by Laws 1997, ch. 189, 3.
21-6-115. Repealed by Laws 1997, ch. 189, 3.
ARTICLE 2 - DISTRICT BOUNDARY BOARD
21-6-201. Purpose.
(a) The legislature of the state of Wyoming hereby declaresthat this article is passed to provide for the organization, reorganization andboundary adjustment of the school districts in this state whereby schooldistricts can be organized to:
(i) Provide an improved and more equalized educationalopportunity for all of the pupils in the state;
(ii) Provide a wiser and more efficient use of public funds foreducation, and making allowance for local conditions, special needs andproblems and educational cost differentials, to achieve financial parity amongschool districts;
(iii) Allow the initial planning for the organization,reorganization and adjustment of boundaries of school districts under thisarticle to be conducted on the local level; and
(iv) Simplify the organization, reorganization and adjustment ofboundaries of school districts.
(b) The legislature recognizes organization into unifieddistricts under the Wyoming School District Organization Act of 1969 has beencompleted to the extent contemplated by that act. Further organization,reorganization and adjustment of boundaries of school districts in Wyomingshall be accomplished in accordance with the provisions of this article.
21-6-202. Definitions.
(a) As used in this article:
(i) "School district" includes unified schooldistricts and elementary school districts pursuant to W.S. 21-3-102;
(ii) "State committee" means the state board ofeducation;
(iii) "Trustee residence area" means a geographicalarea within a unified school district from which a member or members of theboard of trustees of the school district is nominated. Any person desiring tobe a candidate for the office of a school district trustee shall be a residentof the residence area which he seeks to represent;
(iv) "Unified school district" means a districtsupporting at least grades kindergarten or one (1) through twelve (12) underthe control of one (1) board of trustees and administered by one (1)superintendent of schools, that offers an adequate and integrated educationalprogram.
21-6-203. District boundary boards; membership; style.
The county assessor, the board of countycommissioners and the county treasurer shall constitute a board forestablishing school districts in the county. If two (2) or more counties areinvolved, the county assessor, the board of county commissioners and the countytreasurer from each county shall comprise the board. The board shall be styled"the district boundary board of .... county or counties, Wyoming."
21-6-204. Quorum; majority vote.
(a) A majority of the members of the district boundary boardshall constitute a quorum for the transaction of business. No action of thedistrict boundary board shall be valid unless the action is approved by amajority of the members.
(b) Expenses incurred by the district boundary board in theperformance of its duties required by this article shall be borne by the countytreasury.
21-6-205. Chairman; meetings.
The district boundary board shall elect achairman. He shall call a meeting of the district boundary board in the firstquarter of each calendar year for the purpose of electing one (1) of themembers as secretary. Thereafter, meetings shall be held upon the call of thechairman or of a majority of the members of the board.
21-6-206. Duties of secretary.
The secretary shall keep an accurate recordshowing the boundaries of all the districts in his county. The secretary shallgive each member one (1) day written notice before each hearing or meeting andshall publish in a newspaper of general circulation within the county, noticeof any hearing or meeting at which a change in boundaries or reorganization ofa school district or combining of school districts is to be considered at leastonce each week for the two (2) weeks immediately preceding the time set for thehearing or meeting.
21-6-207. Proposal to change boundaries, reorganize or combinedistricts; criteria.
(a) Any district boundary board or any two (2) or more districtboundary boards acting jointly may, when in the judgment of the board it wouldbe for the benefit of the educational needs of the pupils, and only when eachschool district board consents, submit in writing to the state committee aproposal which would:
(i) Alter and change the boundaries of any school district ofany kind; or
(ii) Reorganize any school district or portions of districts; or
(iii) Combine any school district or portion thereof with anyadjoining school district or districts; provided that no existing district shallbe divided in any manner which will leave the total assessed valuation of itsproperty less in proportion to the number of children shown in its census thanthe average ratio for all school districts in the county unless the trusteesfor those districts agree thereto.
(b) Except as provided in this subsection, all actions takenunder this article shall conform to the following criteria:
(i) School districts shall be organized as efficientadministrative units considering primarily the education, convenience andwelfare of the children;
(ii) Except as authorized in W.S. 21-6-223, the entire stateshall be divided into unified school districts;
(iii) All territory of each school district shall be contiguous;
(iv) All territory within a school district shall be a singlearea from which trustees are elected at-large or be divided into trusteeresidence areas. Each trustee residence area shall be contiguous. Inestablishing trustee residence areas, the structure for election of trusteesshall be in accordance with W.S. 21-3-111(b);
(v) In developing proposals for organization, reorganizationand adjustment of boundaries the district boundary boards shall consider aratio of average daily membership to assessed valuation as nearly equalized aspracticable among the districts in the various counties;
(vi) Each proposal shall include provisions for educationalopportunity and services as nearly equal as possible in all areas of eachdistrict;
(vii) A public hearing or hearings shall be held prior to thesubmission of a proposal by the district boundary boards prior to theorganization, reorganization, boundary adjustment or combining of schooldistricts to receive and keep a record of testimony. Notice of each publichearing shall be published in a newspaper of general circulation in the area atleast once each week for the two (2) weeks immediately preceding the time setfor each hearing. The notice shall contain a statement of the time and placeof the hearing and a brief summary of its purpose. In addition, at least ten(10) days and not more than fourteen (14) days before the hearing, a copy ofthe notice shall be sent by mail to each school district trustee residing inthe area involved in the hearing. A subcommittee composed of not less than three(3) members of each district boundary board involved, may hold any hearingrequired to be held under this paragraph.
(c) Unless the state committee determines the informationrequired by this subsection is not necessary for a proposal, a district boundaryboard proposal submitted to the state committee shall contain:
(i) A name and number of the proposed district;
(ii) A map showing the boundaries of established schooldistricts and the boundaries proposed;
(iii) A description of the proposed boundaries;
(iv) Recommendations respecting the location of schools, theutilization of existing buildings, allocation of existing indebtedness, theemployment of existing personnel, the procedure for the reduction in force ofemployees and the transportation requirements under the proposal;
(v) A summary of the reasons for the proposal;
(vi) A record of all hearings;
(vii) A summary of anticipated improvement in education; and
(viii) Other reports, records and materials as the districtboundary board or the state committee deems appropriate.
21-6-208. Creation of new unified school districts from withinboundaries of existing school districts.
Whenever at least one hundred (100)qualified electors of any area within an existing school district, which areaincludes both a high school and one (1) or more elementary schools with a totalK-12 enrollment of more than five hundred (500) pupils, petition the districtboundary board for creation of the area into a new unified school district, thedistrict boundary board may, after holding a hearing on the petition, submit aproposal to form the area into a new unified school district to the statecommittee.
21-6-209. Proposal to abolish or combine district failing to maintainschool.
Whenever any district fails to maintain aschool for a period of six (6) months in any school year, a district boundaryboard shall, within thirty (30) days after the conclusion of the six (6)months, submit to the state committee a proposal to abolish or combine the schooldistrict or portion thereof with any adjoining school district or districts.
21-6-210. Powers and duties of state committee.
(a) The state committee shall:
(i) Aid the district boundary boards in carrying out the powersand duties vested in and imposed upon those boards by this article, byfurnishing assistance of the employed staff of the department, as authorized bythe state superintendent, and provide plans for procedure, standards, data,maps and other information and services for district boundary boards throughoutthe state as it appears to the state committee necessary or desirable to carryout the purposes of this article;
(ii) Receive, file and review all proposals for organization,reorganization and boundary adjustments submitted to it by a district boundaryboard and either approve the proposals or reject them with reasons forrejection and recommendations for making the proposal acceptable as provided inW.S. 21-6-211.
21-6-211. Approval or rejection of proposal by state committee.
Within ninety (90) days after receipt of aproposal from any district boundary board, the state committee shall eitherapprove or reject the proposal and notify the district boundary board of itsaction. In approving or rejecting a proposal, the state committee shallconsider the effect of the proposal upon the purposes stated in this article. No proposal shall be approved if in the opinion of the state committee it failsto comply with the provisions or purposes of this article. If a proposal is rejected,the state committee shall enter its order with reasons for the rejection andrecommendations for making the proposal acceptable. If a proposal is rejected,a district boundary board may resubmit a modified proposal as often asnecessary or may appeal the rejection pursuant to W.S. 21-6-224. When aproposal is approved, the state committee shall make an order establishing theschool district according to the approved proposal. An order of the statecommittee pursuant to this section shall be the final administrativedetermination and shall be filed with the county clerk of each county involvedwithin ten (10) days from the approval or rejection of the proposal, inaccordance with W.S. 21-6-212.
21-6-212. Filing of notice of approval or rejection; proposaleffective on filing.
The district boundary board shall filewith the county clerk, within ten (10) days from the date of approval orrejection by the state committee, any notice of approval or rejection receivedfrom the state committee. An approved proposal shall take effect upon suchfiling or a later date if specified in the approved proposal. The finaladministrative action of the state committee shall be appealable from the dateof filing with the county clerk under this section.
21-6-213. Notice to districts affected by action of committee.
When a district boundary board proposalorganizing or reorganizing a school district or altering or changing theboundaries of any district or districts is approved or rejected by the statecommittee, the secretary shall promptly notify the clerk of the district boardin each of the districts affected, in writing, giving in the notice the numberof the district or districts affected and describing their boundaries and otherchanges approved or rejected.
21-6-214. City or town to be all in one district; district may includeother territory.
Whenever the district boundary boardorganizes or reorganizes a school district or changes the boundaries ofexisting districts, the organization, reorganization or change shall be made soas to keep all territory embraced in any incorporated city or town in one (1)school district. A district boundary board may include in any school districtterritory not within such corporate boundaries. District boundary boards arehereby authorized to change the boundaries of any school district or districtsso that all the territory embraced in a corporate city or town shall be in one(1) district.
21-6-215. Appointment and terms of trustees for new districts.
(a) Whenever a new district is created under the provisions ofthis article, the district boundary board shall appoint a board of trustees forthe new district from the combined membership of all the original boards oftrustees of the districts involved based upon at-large appointments or throughestablished trustee residence areas in accordance with W.S. 21-3-111(b)(ii).The district boundary board shall make provision for staggering terms so that aproportion of the membership, as nearly equal as possible, will be electedevery two (2) years in the manner provided for the regular election of schoolboard members. The appointed board shall consist of five (5), seven (7) or nine(9) members, who shall serve for not less than two (2) years following theeffective date of the plan and until December 1 following the first or secondregularly scheduled school election following the effective date of the plan.Thereafter, all trustees shall be elected for four (4) year terms, except thosewho may fill unexpired terms.
(b) All trustees shall be elected by the electorate of theentire school district. According to the approved proposal and except thosedistricts for which membership is based upon at-large appointments pursuant toW.S. 21-3-111(b)(i), each trustee residence area shall be entitled to one (1)or more representatives on the board and the candidate nominated from eachtrustee residence area receiving the largest number of votes shall be elected.If a member of the board of trustees shall become a nonresident of the districtor the trustee residence area from which elected during his term of office, asapplicable, he shall be deemed thereby to vacate his office. Any vacancy whichfor any reason occurs on the board shall be filled by a majority vote of theremaining members by the appointment of a resident of the district or thetrustee residence area in which the vacancy occurs, as appropriate, and theappointee shall hold his office until the next annual election, at which atrustee shall be duly elected and qualified for the remainder of the unexpiredterm.
21-6-216. Newly organized school district a body corporate; authorityof trustees; old districts to cease to exist.
(a) On the effective date of the proposal, each proposed newlyorganized school district shall be and become a body corporate under the nameand number as indicated in the proposal as a school district, and the new boardof trustees shall have full authority and power to act as the board of trusteesto do all things necessary with reference to the business and educationalaffairs of the new school district using the funds on hand or the fundsreceived through existing levies of the old districts as nearly as practicablefor the balance of the fiscal year.
(b) When members of the board of trustees of the new schooldistrict assume their duties as provided in this article on the effective dateof the proposal each of the old districts or portions of districts from whichthe new district was formed shall cease to exist as a legal entity and theboard of trustees of each former district or districts situated within the newdistrict shall cease to function and the terms of office of the members thereofshall automatically expire.
21-6-217. New districts may draw proportion of funds from olddistricts; transfer of property.
(a) Whenever the district boundary board establishes a newdistrict from districts already organized, the board of trustees of the newlyorganized district may draw its proportion of the public school funds forpaying teachers or other legal school expenses from the school treasury of thedistrict or districts from which it was separated until such time as the newlyorganized district receives its proper apportionment of school monies andtaxes. In like manner, any district that is established from two (2) or moredistricts may draw its proportion of the proper school funds for payment ofteachers or other necessary legal school expenses from the treasuries of theformer districts.
(b) All real and personal property of any district combinedunder this article shall be and become the property of the newly organizeddistrict. All real and personal property shall be transferred or conveyed byoperation of law unless otherwise provided in the approved proposal. However,real property which was transferred in accordance with this subsection from athen existing school district to a newly organized school district and on whichis located a structure used as a school which the district has closed orintends to close shall not be conveyed or offered for sale to any other entityunless the municipality in which the property is located is first offered aright to purchase the property. If the municipality and school board cannotagree on a price for the property, the property shall be sold to the highestbidder at a public auction.
21-6-218. Allocation of assets and debts upon reorganization ofdistricts.
Whenever a district boundary boardreorganizes any school districts under the provisions of this article, theboard shall allocate equitably the assets and debts of the districts affectedby the action of the district boundary board.
21-6-219. Adjustment of state foundation entitlement.
(a) When two (2) or more districts or parts of districts areorganized into a school district and the total fiscal resources of the newschool district are less than the combined fiscal resources of the districtsthe last year before organization, then the state superintendent shall adjustthe state foundation entitlement to compensate for the differences in fiscalresources. The adjustment shall be equal to one hundred percent (100%) of theinitial difference in each of the first two (2) fiscal years after the neworganization, fifty percent (50%) of the initial difference in the third fiscalyear and twenty-five percent (25%) of the initial difference in the fourthfiscal year. The adjustment shall also provide reimbursement for expensesincurred by the school districts involved in the new organization. Expenseswhich are reimbursable shall be determined in accordance with rules adopted bythe state superintendent, shall not exceed one hundred thousand dollars($100,000.00), and shall be paid in equal amounts over a period not to exceedthree (3) fiscal years.
(b) When any district consolidates two (2) or more schoolswithin the district and the total state aid to the district would decreasebecause of the consolidation, the state superintendent shall adjust the statefoundation entitlement to compensate for the decrease for not more than one (1)year.
21-6-220. Name or number of newly created district.
In all cases, where a school districtcreated by the action of the boundary board has been created from the territoryof preexisting school districts, or the territory formerly belonging to aschool district is annexed to a preexisting district, the district boundaryboard shall designate a descriptive name and a number for the newly createddistrict or the district to which territory was added.
21-6-221. School advisory boards.
(a) Whenever any school within any school district is locatedtwenty (20) road miles or more from the nearest town or city that is thepopulation center of the district and whenever fifty percent (50%) of theparents of children attending the school agree, they may call a meeting at theschool for the purpose of electing an advisory board of three (3) members for aterm of three (3) years. The initial board shall have one (1) member electedfor one (1) year, one (1) member for two (2) years and one (1) member for three(3) years.
(b) The advisory board may aid and advise the board of trusteesof the district in all matters concerning the operation of the school in theirarea. The advisory board may present grievances and recommendations at anyregular meeting of the board of trustees of the district.
(c) The advisory board secretary shall keep minutes of themeetings of the advisory board. These minutes shall be submitted to the boardof trustees of the district and read at their next scheduled meeting.
(d) There shall be an election held annually for the purpose ofelecting a successor for the advisor whose term has expired. An advisor may beelected to succeed himself or herself. The election need not comply with theelections provisions of this code.
(e) Following the election of the advisory board the members ofthe board shall organize themselves by electing one (1) of their members aschairman and one (1) as secretary.
(f) The district trustee, within whose election area the schoolis located, is an ex officio member of the advisory board but shall not vote.
21-6-222. Election of elementary school districts to create unifiedschool districts; levy of taxes at maximum rates.
(a) Any elementary school district not yet organized andunified under the provisions of the Wyoming School District Organization Act of1969, may petition the district boundary board to be included within a unifiedschool district of the county in which it is located.
(b) Any elementary school district electing to come under theprovisions of this section shall levy taxes in the same manner and subject tothe same maximum rates as provided for the unified school district.
21-6-223. Elementary school districts not electing to organize andunify; affiliation with unified high school districts.
An elementary school district not electingto unify shall affiliate itself with a unified school district and become anelementary supporting district for the high school within that district forpurposes as defined by law.
21-6-224. Judicial review of actions of board.
(a) Any school district or a district boundary board, ifaggrieved by any action of the state committee, may institute proceedings forjudicial review thereof in the district court of the county in which anaffected school district is located pursuant to provisions of the WyomingAdministrative Procedure Act. No other person shall have standing to appeal adecision of the state committee made under this article. The state committeeshall be named defendant, and service of process shall be pursuant to theWyoming Rules of Civil Procedure.
(b) The appeal shall be heard promptly. Pending the appealprovided by this section, all proceedings regarding the proposal shall bestayed unless otherwise ordered by the court to which appeal is taken.
21-6-225. Contract rights and benefits of employees and teachers.
No contract right, fringe benefit, benefitgranted under school policies, or continuing contract status of any employee,or any rights under the Wyoming Teachers' Employment Act shall be denied orreduced as a result of school district reorganization, except as provided byW.S. 21-7-111(a)(iv). The new school district shall have the right to establisha uniform salary and benefit schedule for employees of the previous school districtsand shall have the right to establish the length of the contract year.
21-6-226. Boundaries of school districts; filing with the departmentof revenue.
(a) Each school district board shall file a copy of an officialmap or legal description designating the geographical boundaries of the schooldistrict or the changes to its geographical boundaries with the department ofrevenue, the county assessor and the county clerk in the county or countieswithin which the district is located in accordance with the department's rulesadopted pursuant to W.S. 39-11-102(c)(xxiv) regarding tax districts and asfollows:
(i) Within ten (10) days after the effective date of formation;and
(ii) Annually, by a date determined by the department, if theschool district has changes to its geographical boundaries in the precedingyear.