State-federal partnership schools.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0461

SENATE FILE

NO.
SF0073

State-federal partnership schools
.

Sponsored by:
Select Committee On Tribal Relations

A BILL

for

AN ACT relating to
public schools; authorizing partnership agreements between the state and federal government
for school districts providing
educational programs
and services to school age children
; incorporating
such districts into the state school system subject to conditions and exclusions; imposing duties on the state superintendent; prescribing duties and granting authority to partnership districts; establishing district governance through a board of trustees;
prohibiting local taxation;
subjecting partnership districts to uniform state educational program requirements and to student performance
,
accountability
and high school graduation
requirements; including districts in the state system of school finance
, state retirement
and
school
building maintenance; excluding partnership district buildings from state programs and oversight;
conforming statutory provisions accordingly;
appropriating funds and directing the state superintendent to commence specified agreements;
and providing for effective date
s
.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
‑
3
‑
601 through 21
‑
3
‑
6
1
2
are created to read:

ARTICLE 6
STATE-FEDERAL PARTNERSHIP SCHOOLS

21
‑
3
‑
601.

State-federal partnership school districts; creation;
attendance areas.

(a)

Any
kindergarten
through grade twelve (12)
education program
provided through partnership agreements entered into between the state and federal government shall
for purposes of this title and as limited in this article,
be considered
a state-federal partnership school district.
The state superintendent of public instruction, in consultation with the state board of education,
may
enter into partnership agreements
with the federal government
on behalf of the state
to provide education programs to school age children which provide programs and services not otherwise provided by the state system of public schools.

(b)

A
partnership district
created under this section
shall physically consist
only
of the land on which
is situated
th
os
e
buildings and facilities in which the
partnership district
educational programs
and services
are provided.
Its boundaries shall be established from the territory of preexisting school districts and the partnership district shall enter into agreements with any
Wyoming
school district whose boundaries encompass the land on which the partnership district buildings and facilities are situated to transfer the property pursuant to W.S. 21
‑
6
‑
217(b).

(c)

The educational programs
and services shall be available to
students from areas throughout the state which are enrolled in the
partnership
district
programs
through agreement with
th
e

school districts in which the
enrolled
student resides.

Agreements shall be in accordance with W.S. 21
‑
4
‑
502 and the
partnership district shall include the enrolled student within its
average daily membership (ADM)
for purposes of foundation program computations under W.S. 21
‑
13
‑
309
to the extent authorized
by this article.

21
‑
3
‑
602.

Partnership school district board of trustees; generally.

(
a
)

A state-federal
partnership
school
district
established under this article
shall be governed b
y a board of trustees comprised of members specifie
d in the partnership agreement and shall be
elected by Wyoming electors representing
citizens
of the state affected by the
educational programs provided through the agreement.
The number of board members, membership terms
, election residence area requirements
and provision for initial terms shall be
as provided with
in the agreement.

(b)

A majority of the
partnership
district board membership shall constitute a quorum. A vacancy
occurring
on the board shall be filled within thirty (30) days by action of the remaining board members, with the selected replacement to serve until the next board election.

(c)

Board members shall serve without compensation but shall receive travel and per diem expenses in the same manner and amount as provided by law for state employees.

(d)

The board shall annually elect a chairman and vice-chairman from among its membership.

(e)

The partnership board shall meet at least once each month and more frequently as necessary and upon the call of the chairman or a majority of board members.

(f)

Any board member who willfully fails, refuses or neglects to perform duties imposed by law is subject to W.S. 21
‑
3
‑
124.

21
‑
3
‑
603.

Application of Uniform Municipal Fiscal Procedures Act.

The Uniform Municipal Fiscal Procedures Act applies to each state-federal partnership school district established under this article.

21
‑
3
‑
604.

Duties of
partnership
district
boards of trustees.

(a)

The board of trustees for each state-federal partnership school district established under this article shall:

(i)

Prescribe and enforce rules, regulations and policies for its own
governance
and for the govern
ance
of the educational programs and services under its jurisdiction. Rules and regulations shall be consistent with the laws of the state and rules and regulations of the state board and the state superintendent and shall be open to public inspection;

(ii)

Keep minutes of all meetings at which official action is taken and a record of all official acts including a record of all warrants issued against the monies belonging to the partnership school district. The minutes and records shall be public records. A list of each warrant over five hundred dollars ($500.00) shall be published one (1) time in a newspaper of general circulation within the county
in which the partnership district is located
within thirty (30) days of the date of the meeting
at which the warrant is approved
. Individual yearly gross salary payments need be published only once in March of each year
in categories similar to those specified under W.S. 21
‑
3
‑
110(a)(ii);

(iii)

Elect from its membership at the first regular meeting after December 1 of each year a chairman, a vice
-
chairman, a clerk and a treasurer;

(iv)

Fix the time and place of regular meetings
;

(v)

Submit reports concerning finances or any other matter as the state board, state superintendent or state law require
s
;

(vi)

Control and disburse all
monies
received from any source to maintain t
he schools within the district;

(vii)

Obtain competitive bids when any purchase of insurance, supplies or materials other than textbooks costing more than ten thousand dollars ($10,000.00) and less than twenty-five thousand dollars ($25,000.00) is contemplated unless precluded by other regulation or statute. If the amount exceeds twenty-five thousand dollars ($25,000.00), a call for bids shall be published at least once in a newspaper of general circulation in the
county in which the partnership district is located
. The district shall reserve the right to reject any and all bids and to waive irregularities and informalities in the bidding. No contract shall be divided for the purpose of avoiding this paragraph. Items for which bids
are required to
be obtained may be described in the published call for bids by stating general requirements and making detailed specifications available to prospective bidders at the district's administrative headquarters;

(
viii
)

Require the treasurer of the board and the district superintendent to give such bond in such penalty and with such sureties as the board may direct, conditioned upon the faithful application of all
monies
and property which may come into his hands by virtue of his office. The bond shall not exceed one and one
-
fourth
(
1

1/4)
of the amount of all school
monies
handled by such officer in any one (1) year. Such bonds after being approved by the board and by an attorney selected by the board as to form and execution shall be filed with the county treasurer and no disbursements shall be made until such bonds shall have been approved and filed as required by this section. In case of breach of conditions of such bonds, suit shall be brought thereon by the board f
or the benefit of the district;

(
i
x)

Cause the
United States
and
Wyoming
flags to be properly displayed in, upon or around school
buildings within the district;

(x)

Operate the
partnership
district on a fiscal year beginning July 1 and ending the following June 30;

(xi)

Require an accounting of all receipts and expenditures to be made by each organization, function or other group sponsored by or functioning in any way within the
buildings and facilities of and the programs and services offered by
the
partnership
district, to be made by each such organization, function or group at least once each year and a copy posted in each building connected with such organization, function or group;

(x
ii
)

Provide an educational program in compliance with uniform state standards prescribed under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and by rule and regulation of the state board;

(x
i
ii
)(A)

Publish the following notice in a newspaper of general circulation in the
county in which the partnership
school district
is located
at least two (2) times each year, once within a week after the first regular meeting in December and once as a part of the statement of revenue and expenditures of the
partnership
district:

Notice of School Board Meetings and Availability of Minutes

Notice is hereby given that regular meetings of the board of trustees of ....
State-Federal

Partnership

School District
, State of
Wyoming
, are held each month, at .... o'clock on .... (here insert days or dates) in Room .... of the .... school building in .... (city or town),
Wyoming
, and such meetings are open to the public.

Notice is also given that official minutes of each regular or special meeting of such board, including a record of all official acts and of all warrants issued, are available for inspection by any citizen during regular office hours at the office of the clerk of said
partnership
district, at .... (here insert address of office).

...........................
Chairman, Board of Trustees
Partnership

School District

(B)

If the board changes the time and place of its regular meetings, then such notice shall also be published in a newspaper of general circulation in the
county in which the partnership
school district
is located
, once before such change shall become effective;

(C)

All meetings of the
partnership
board are subject to W.S. 16
‑
4
‑
401 through 16
‑
4
‑
408.

(x
i
v)

Require the performance of each initial contract teacher to be evaluated in writing at least twice annually. The teacher shall receive a copy of each evaluation of his performance;

(xv)

Establish a teacher performance evaluation system and require the performance of each continuing contract teacher to be evaluated in writing at least once each year. The teacher shall receive a copy of each evaluation of his performance;

(x
vi
)

Performance evaluations required shall serve as a basis for improvement of instruction, enhancement of curriculum program implementation, measurement of both individual teacher performance and professional growth and development and the performance level of all teachers within the
partnership
district, and as documentation for unsatisfactory performance for dismissal and termination proceedings;

(x
vii
)

Establish a student assessment system to measure student performance relative to the uniform student content and performance standards in all content areas for which the state board has promulgated standards pursuant to W.S. 21
‑
2
‑
304(a)(iii). To the extent required by the state board under W.S. 21
‑
2
‑
304(a)(v) and (vi), the district assessment system shall be integrated with the statewide assessment system and the statewide accountability system. A component of the district assessment system required by this paragraph shall include a body of evidence assessment system designed and used to determine the various levels of student performance as described in the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21
‑
9
‑
101(b);

(x
viii
)

At minimum, provide the three (3) endorsements on high school transcripts specified under W.S. 21
‑
2
‑
304(a)(iv) and may provide additional endorsements;

(x
i
x)

Provide access to district records and other information by the department of audit as necessary to conduct audits and studies under W.S. 9
‑
1
‑
513 and otherwise cooperate with the department of audit when conducting audits and studies of the district pursuant to W.S. 9
‑
1
‑
513. The board shall also submit a written response to the department of audit on each audit and report conducted on the district in accordance with W.S. 9
‑
1
‑
513;

(xx)

Annually report to the state superintendent on district expenditures for
any
vocational education programs
provided by the district
, broken down and submitted in a manner and form required by rule and regulation of the state superintendent
;

(xx
i
)

E
ach spring semester, administer a program where all students enrolled in the eleventh grade in the district shall be required to take, on a date specified by the state superintendent, either a standardized, curriculum based, achievement college entrance examination or a jobs skills assessment test in accordance with W.S. 21
‑
2
‑
202(a)(xxx). The results of the examination or jobs skills assessment test taken shall be included in each student's transcript.

21
‑
3
‑
605.

Powers of partnership district boards of trustees.

(a)

The board of trustees in each state-federal partnership school district within the state may:

(i)

Sue and be sued in the name by which the partnership district is designated;

(ii)

Acquire, hold, convey, lease, rent and manage property, real and personal, for the benefit of the partnership district in the name by which the district is designated, either alone or jointly with another public or private agency, institution, person or corporation. This includes capital leasing under W.S. 21
‑
15
‑
112;

(iii)

Enter into agreements with any public or private agency, institution, person or corporation for the performance of acts or furnishing of services or facilities by or for the partnership school district;

(iv)

Employ legal counsel and bear the cost of litigation;

(v)

Accept or reject any gift, grant, bequest or devise;

(vi)

Employ and determ
ine the salaries and duties of:

(A)

A superintendent of
educational
programs and services within the district
who shall be the chief administrative officer of the district;

(B)

Principals who shall assume the administrative responsibility and instructional leadership of any
educational programs and services serving a range of grade levels
to which they are assigned in accordance with policies adopted by the board, provided that
if the
superintendent request
s
recommendations from a principal concerning the suspension, dismissal, assignment, transfer or termination of any teacher employed in the school to which the principal is assigned,
the
recommendation shall be given only after periodic evaluation of the t
eacher's classroom performance;

(C)

Teachers who shall provide the expertise in their areas of instruction;

(D)

Other certif
ied professional employees; and

(E)

Other personnel.

(vii)

Discharge any employee subject to the provisions of any applicable law governing the procedure for terminating the employment of school district employees;

(viii)

Insure against loss of property;

(
ix
)

Provide for the operation of school lunch programs
as a components of the

programs and services under its jurisdiction;

(x)

Require any officer or employee whose duty it is to handle funds or property of the
partnership
district, including activity accounts, to be bonded under a suitable individual or blanket bond indemnifying the district against loss. The board shall determine the amount and type of the bond;

(xi)

Acquire for the
partnership
school district, by condemnation, the fee simple title to any real estate situated within the district including easements and rights
-
of
-
way, when necessary in the proper maintenance and operation of the school system;

(xi
i
)

Subject to W.S. 21
‑
6
‑
217(b), convey, with or without consideration, title to real property which is not being used and will not be used by the district to the state or its political subdivisions for public use;

(x
iii
)

Convey or otherwise divest, with or without consideration, title to personal property which is not being used and will not be used by the district to the extent not prohibited by Article 16, Sec
tion 6, Wyoming Constitution;

(x
iv
)

Define "unexcused absence" and "habitual truancy" for
all students who are attending educational programs in the partnership district
and who have met compulsory attendance requirements, and establish rules and regulations regarding their attendance. For purposes of this paragraph, students participating in the annual state fair held under W.S. 11
‑
10
‑
101 as an exhibitor shall be considered as participating in a district cocurricular activity program and shall be defined by the board as an excused absence;

(xv)

Establish a school bus driver training program in accordance with W.S. 21
‑
3
‑
131(a)
.

21
‑
3
‑
606.

Signing of warrants and checks.

(a)

All warrants or other orders to pay money drawn on the partnership school district treasury, and all checks on a depository, shall bear the signature of the clerk or treasurer and the chairman of the board of trustees. The signatures may be reproduced as provided in W.S. 16
‑
2
‑
101 through 16
‑
2
‑
103.

(b)

All warrants or other orders to pay money drawn on activity or special funds shall be signed and administered in the manner provided in subsection (a) of this section and in accordance with the written policy of the board. Activity or special funds shall be subject to supervision and examination by the director of the state department of audit.

21
‑
3
‑
607.

Duties of clerk of partnership district.

(a)

The clerk of a state-federal partnership school district shall:

(i)

Within thirty (30) working days after the close of each fiscal year, submit all fiscal reports to the state superintendent of public instruction for the past fiscal year. The reports shall contain information required by the state superintendent. A copy of the reports shall also be filed with the county clerk of the county in which the district is located;

(ii)

Cause to be filed copies of all reports made to the state superintendent and all papers transmitted to him by school officers or other persons pertaining to the business of the district. After two (2) years have elapsed from the date of filing, microfilm copies may be treated as originals;

(i
ii
)

Record all proceedings of the board in books to be kept for that purpose.

21
‑
3
‑
608.

Duties of treasurer of
partnership
district.

(a)

The treasurer of each state-federal partnership school district shall:

(i)

Have custody of all
monies
belonging to the district and pay out the same on order of the clerk, countersigned by the chairman;

(ii)

Cause an account to be kept of the receipts and expenditures of the district;

(iii)

Render a statement of the finances of the district at any time when required by the board and cause a detailed report showing the sources of revenue and the purposes for which monies were expended to be published at the close of each fiscal year in a newspaper of general circulation within the county in which the partnership school district is located.

21
‑
3
‑
609.

Partnership district local tax revenues
.

A
state-federal partnership district is not
granted authority to impose any levy on the property within any territory lying within the district as are public school districts under W.S. 21
‑
13
‑
102 but shall receive its share of revenues from the county levy in accordance with W.S. 21
‑
13
‑
201 and the apportionment of the county school fund under W.S. 21
‑
13
‑
207.

21
‑
3
‑
610
.

Partnership d
istrict
state financial support;
participation in
state
public school foundation program
; required reporting
.

(a)

A state-federal partnership district is eligible to participate in the public school foundation program established under W.S. 21
‑
13
‑
309 upon compliance with W.S. 21
‑
13
‑
307 and other requirements imposed by law and by rule and regulation of the department of education.

(b)

State financial support determined for the partnership district under W.S. 21
‑
13
‑
309 shall be reduced by all federal revenues available to the district
under the partnership agreement
prior to payment of any entitlement under W.S. 21
‑
13
‑
311.

(c)

Eligibility for state financial support shall be conditioned upon complying with all statutory requirements imposed upon all Wyoming school districts unless specifically exempt by law from statutory requirements, and upon providing the department of education with necessary data and reports to perform all computations under W.S. 21
‑
13
‑
309
and 21
‑
13
‑
310
.

21
‑
3
‑
611.

Partnership district buildings and facilities
; bond issues prohibited; major maintenance payments
.

(a)

A state-federal partnership district or its board of trustees
shall not
enter into school building and facility construction and renovation project agreements with the school facilities commission
under W.S. 21
‑
15
‑
114(a)(viii)
nor
shall
the board submit a proposition for bonded indebtedness to acquire, construct, improve, remodel or equip buildings and
fac
i
l
i
ties
.

(b)

Notwithstanding subsection (a) of this section, a state-federal partnership district shall receive payments from the state under W.S. 21
‑
15
‑
109 for major maintenance and facility repair and replacement needs of the district's buildings and facilities.

21
‑
3
‑
612.

Conflict of law.

If the provisions of this article conflict with any other statute, the provisions of this article control.

Section 2.

W.S.
9
‑
1
‑
513(a),
9
‑
3
‑
402(a)(vi)(D)
,

21
‑
2
‑
202(a) by creating a new paragraph (xxxi),
21
‑
2
‑
203 by creating a new subsection (f),

21
‑
2
‑
304(a) by creating a new paragraph (vii), 21
‑
2
‑
305(a)(ii), 21
‑
2
‑
502(a),
21
‑
2
‑
602,
21
‑
4
‑
103, 21
‑
4
‑
301,
21-7
‑
102(a)(i),
21
‑
7
‑
301, 21
‑
7
‑
303(a),
(c) and (d),
21
‑
7
‑
304, 21
‑
7
‑
401, 21
‑
9
‑
101(a), 21
‑
9
‑
201(a),
21
‑
13
‑
101(a)(iii),
21
‑
13
‑
102(a) by creating a new paragraph (iii),

21
‑
13
‑
201(b), 21
‑
13
‑
207,
21
‑
13
‑
307(a)(intro) and by creating a new paragraph (iv) and (b),
21
‑
13
‑
309(m)(iv) by creating a new subparagraph (D) and (p),
21
‑
13
‑
310(a) by creating a new paragraph (xvi),

21
‑
13
‑
311(a),
21
‑
13
‑
313(a) and (c), 21
‑
13
‑
320(b)(intro),
21
‑
13
‑
321(b), 21
‑
13
‑
324(a)(intro),
21
‑
13
‑
701 by creating a new
subsection
(d),
21
‑
15
‑
109(b)
and
21
‑
15
‑
111(a) by creating a new paragraph (viii) and
by
renumbering (viii) as (xix)
are amended to read:

9
‑
1
‑
513.

School finance audits and management studies.

(a)

In addition to other duties prescribed under this article, the director of the department of audit shall establish a school finance section within the department to carry out duties prescribed by this section.

As used in this section, "school district" shall include state-federal partnership districts established under W.S. 21
‑
3
‑
601.

9
‑
3
‑
402.

Definitions.

(a)

As used in this article:

(vi)

"Employer" or "participating employer" means:

(D)

Any school district

including any state-federal partnership district established under W.S. 21
‑
3
‑
601
;

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(xxxi)

In addition to paragraph (xix) of this subsection, enter into agreements with the federal government for the establishment of state-federal partnership school districts pursuant to W.S. 21
‑
3
‑
601, and in all other respects unless otherwise provided by law, advise, supervise and administer to partnership districts in the same manner and to the extent provided school districts.

21
‑
2
‑
203.

School district data collection and funding model administration; duties and responsibilities specified; data advisory committee; school district compliance.

(f)

For purposes of this section, a state-federal
partnership
district established under W.S. 21
‑
3
‑
601 shall be considered a school district.

21
‑
2
‑
304.

Duties of the state board of education.

(a)

The state board of education shall:

(vii)

Administer provisions of this subsection to state-federal
partnership
districts in the same manner and to the extent provided for school districts.

21
‑
2
‑
305.

Reports and assistance from local boards and officials.

(a)

In addition to any other powers assigned to it by law, the state board may:

(ii)

Require such reports and other assistance from school boards and officials as it may from time to time deem necessary and advisable
, including boards of state-federal partnership districts established under W.S. 21
‑
3-601
.

21
‑
2
‑
502.

Duties of school districts; interdistrict contracts; assistance of state superintendent; attendance beyond school age.

(a)

Each school district of this state

including a state-federal partnership district created under W.S. 21
‑
3
‑
601,
having any school age children residing in the district who possess any of the disabilities covered under this article shall, subject to the rules and regulations of the state superintendent, provide for the appropriate diagnosis, evaluation, education or training and necessary related services and may include, but is not limited to room and board, for those children. If the school district is unable to provide the necessary and appropriate programs and services, it shall contract with another school district or agency to obtain them. If the programs and services cannot reasonably be provided by the district or by interdistrict contracts, the state superintendent shall assist local boards of trustees in arranging for the appropriate educational programs and services either within or without the state pursuant to its rules and regulations and financed as provided by law.

21
‑
2
‑
602.

Acceptance of funds not mandatory; local control of schools not to be surrendered.

Except for state-federal partnership school districts established under W.S. 21
‑
3
‑
601, n
othing in this article shall be construed to make acceptance of funds provided herein mandatory to any school district, nor shall anything herein contained be considered as a directive or authority to surrender any degree of local control of the schools of the state by the state board of education or any other school authority.

21
‑
4
‑
103.

Enforcement of article; appointment and compensation of attendance officers.

The primary responsibility for the enforcement of this article shall be upon the board of trustees of the school district

and any partnership district established under W.S. 21
‑
3
‑
601
, which shall appoint an attendance officer or officers to carry out the provisions of this article. Said officer shall be paid out of the district treasury such sum as may be provided in the order of appointment.

21
‑
4
‑
301.

Schools to be free and accessible to all children; minimum school year.

Except as otherwise provided by law, the public schools of each school district in the state shall at all times be equally free and accessible to all children resident therein of five (5) years of age as of September 15 of the applicable school year and under the age of twenty
-
one (21), subject to regulations of the board of trustees.
For purposes of this article,
"
public school
"
and
"
school district
"
shall include educational programs and services provided by a state-federal partnership district established under W.S. 21
‑
3
‑
601.

Each school district shall operate its schools and its classes for a minimum of one hundred seventy
-
five (175) days each school year unless an alternative schedule has been approved by the state board. Prior to submission of a proposed alternative schedule to the state board, the board of trustees shall hold at least two (2) advertised public meetings within the district, at which the board shall present the proposed alternative schedule and respond to public questions and comments. Any school district operating under an alternative schedule shall annually evaluate the effectiveness of that schedule in meeting the educational goals and purposes for which the schedule was adopted.

21
‑
7
‑
102.

Definitions.

(a)

As used in the article the following definitions shall apply:

(i)

"Board".

‑

The board of trustees of any school district in the state of Wyoming offering instruction in any of the grades kindergarten through twelve (12)
, including a state-federal partnership school district established under W.S. 21
‑
3
‑
601
;

21
‑
7
‑
301.

Boards of trustees authorized to provide insurance and other fringe and employment benefits.

The board of trustees of each school district within the state

including the board of any state-federal partnership district established under W.S. 21
‑
3
‑
601,
may provide health insurance, life insurance, and other fringe and employment benefits of all types for the teachers, administrative personnel and other employees of the school district to such extent as it deems such benefits to be in the best interest of the school district. Such benefits may be paid for entirely by the school district or partly by the school district and partly by the employee, the degree of participation of each being entirely within the discretion of the board of trustees.

21
‑
7
‑
303.

Certificate or permit required; exception.

(a)

Except as otherwise provided in subsection (b), (c) or (d) of this section, no person shall teach or supervise in a public school in this state

including
i
n educational programs and services provided by state-federal partnership school districts established under W.S. 21
‑
3
‑
601,
and receive compensation therefor out of any public fund who at the time of rendering such services is not a holder of or a candidate and qualified for a certificate or permit issued or to be issued under the laws of this state and the rules and regulations of the Wyoming professional teaching standards board pursuant to W.S. 21
‑
2
‑
802.

(c)

In accordance with the provisions of this subsection, a person may teach driver education in a public school in this state

including
a

state-federal partnership school district established under W.S. 21
‑
3
‑
601,
without holding or being qualified for a certificate or permit issued by the Wyoming professional teaching standards board and without meeting the requirements of W.S. 21
‑
7
‑
304. The
Wyoming
professional teaching standards board shall by rule establish and maintain minimum standards for a permit for that employment which shall be applicable only as provided in this subsection. A person employed by a school district to teach driver education in a public school in this state, shall not be employed for more than three (3) consecutive school years in any period beginning after July 1, 1997, unless the person has met the requirements of the professional teaching standards board for a permit to teach driver education.

(d)

A person may be employed as superintendent of schools by any district board of trustees

including a board of any state-federal partnership school district established under W.S. 21
‑
3
‑
601,
without holding or being qualified for certification by the
Wyoming
professional teaching standards board pursuant to W.S. 21
‑
2
‑
802. A person who has not qualified for certification pursuant to W.S. 21
‑
2
‑
802 shall be required to comply with W.S. 21
‑
2
‑
802(e) prior to being employed by any district board as a superintendent of schools.

21
‑
7
‑
304.

Candidate for certificate must pass examination on state and federal constitutions.

All persons hereafter applying for certificates authorizing them to become administrators or teachers in the public schools of this state

including educational programs and services provided by a state-federal partnership school district created under W.S. 21
‑
3
‑
601,
shall before receiving such certificate be required to pass a satisfactory examination upon the provisions and principles of the constitutions of the United States and the state of Wyoming or present evidence of having successfully completed a course equivalent to that required in W.S. 21
‑
9
‑
102.

21
‑
7
‑
401.

Boards of trustees to require criminal history background information.

The board of trustees of each school district within the state

including a state-federal partnership district established under W.S. 21
‑
3
‑
601,
shall require any employee initially hired by the school board on or after July 1, 1996, who may have access to minors to submit to fingerprinting for the purpose of obtaining state or national criminal history record information before employment. The provisions of this section shall not apply to persons certificated under W.S. 21
‑
2
‑
802 who have met the requirements of this section pursuant to the certification process.

21
‑
9
‑
101.

Educational programs for schools; standards; core of knowledge and skills; special needs programs; class size requirements; cocurricular activities.

(a)

The board of trustees of each school district within the state shall cause the schools under its jurisdiction to provide an educational program in accordance with uniform standards defined under this section and rules and regulations promulgated by the state board of education pursuant to W.S. 21
‑
2
‑
304(a).

For purposes of this article,
"
school district
"
shall include a state-federal partnership district established under W.S. 21
‑
3
‑
601.

21
‑
9
‑
201.

Boards of trustees to purchase and lend to pupils; responsibility of pupils; sale of surplus.

(a)

The board of trustees of each school district within the state

including the board of a state-federal partnership school district created under W.S. 21
‑
3
‑
601,
shall purchase all textbooks necessary to the operation of the schools under its jurisdiction. Each such board may in addition purchase such supplies as it deems necessary. Such textbooks and supplies shall be held as the property of the district and shall be loaned to pupils free of any charge; provided, the pupils shall be held responsible for damage to, loss of, or failure to return such books and supplies except those that by their nature are expended during the course of study.

21
‑
13
‑
101.

Definitions.

(a)

As used in this article:

(iii)

"District" means any school district as defined by law

and shall include a state-federal partnership district established under W.S. 21
‑
3
‑
601
;

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 of school district tax that may be levied for all school purposes, exclusive of bond interest and redemption, for any school district in any school year on each dollar of assessed valuation within the school district is as follows:

(iii)

In state-federal partnership districts created under W.S. 21
‑
3
‑
601, no local district tax levy is authorized nor required for participation in the public school foundation program.

21
‑
13
‑
201.

Levy, collection and distribution of 6 mill school tax.

(b)

On or before September 1 of each year, the state department of education shall notify the treasurer of each county of the percentage proportion to be allocated from the countywide six (6) mill school levy to each school district in his respective county

including a state-federal partnership district established under W.S. 21
‑
3
‑
601
. The computation of the distribution of the countywide six (6) mill levy shall be made by the department of education on the basis of the average daily membership (ADM) for the previous year. This number, for each district, shall be converted into a percentage of the total average daily membership (ADM) for all school districts within the county

including a state-federal partnership district
. The county treasurer shall distribute the revenue arising from the countywide six (6) mill levy among the school districts of the county according to the percentage computed above and pursuant to W.S. 21
‑
13
‑
207.

21
‑
13
‑
207.

Apportionment of funds by county treasurer.

On the second Monday of each month, the county treasurer shall apportion all monies in the county treasury belonging to the county school fund, including all interest earned thereon and including fines and forfeitures, among the various 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

including a state-federal partnership district created under W.S. 21
‑
3
‑
601
.

21
‑
13
‑
307.

Eligibility to share in distribution of money from foundation account; mandatory financial reporting.

(a)

Each district

including a state-federal partnership district created under W.S. 21
‑
3
‑
601,
which meets the following requirements is eligible to share in the distribution of funds from the foundation account:

(iv)

Notwithstanding
W.S. 21
‑
13
‑
310(a)(ii), a state-federal
partnership
district created under W.S. 21
‑
3
‑
601 is exempt from the local district tax effort under W.S. 21
‑
13
‑
102.

(b)

Each district shall provide financial reports to the department 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 superintendent of public instruction pursuant to this article. In administering this article, the state superintendent may conduct audits of information submitted by districts under this article as necessary to administer and perform computations pertaining to the cost components within the education resource block grant model, and may, after consulting and negotiating with the school district, correct the information reported by districts under this article to fairly and accurately reflect the data type, classification and format necessary to perform computations required to administer the school finance system established under this article.

A state-federal partnership school district shall provide the department sufficient reports to enable a determination of federal programs provided among the district's educational program and services and of the total amount of federal monies available to the district during any reporting period.

21
‑
13
‑
309.

Determination of amount to be included in foundation program for each district.

(m)

In determining the amount to be included in the foundation program for each district, the state superintendent shall:

(iv)

Based upon reports from each district on schools operating within that district for the current school year and on grade configurations contained within each reported school during that school year, compute the average daily membership (ADM) for each reported school and each grade within each reported school in accordance with identified grade configurations subject to the following:

(D)

Based upon reports from state-federal partnership districts, compute
the
average dail
y membership (ADM) for
the district and for
schools within the district by basing configurations on
the
grade levels
for which the
district's education
al programs and services are provided during the current school year.
In addition, the state superintendent shall by rule and regulation develop criteria and procedures to determine ADM computations for state-federal
partnership
programs during the initial year of operation under a partnership agreement.

(p)

Except as otherwise provided by law and following the computation and application of any adjustment under subsection (o) of this section, the amount computed for each school within each district shall be combined with the amount computed and provided on a district level for that district, as prescribed by the education resource block grant model, to determine the foundation program amount for each district.

District level resources shall also be included for a state-federal partnership district based upon the average daily membership (ADM) reported under subparagraph (m)(iv)(D) of this section.

21
‑
13
‑
310.

Annual computation of district revenues.

(a)

To ensure revenues available to each district are uniformly sufficient to enable compliance with the uniform standards for educational programs prescribed under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and to secure state board accreditation of educational programs under W.S. 21
‑
2
‑
304(a)(ii), the revenues specified under this subsection shall be deemed state revenues and shall be considered in determining the amount to be distributed to each district under W.S. 21
‑
13
‑
311. A district shall make an annual computation of the following revenues:

(xvi)

In addition to any federal revenues received under paragraphs (vi) and (vii) of this subsection and f
or state-federal partnership districts, all federal revenues received by that district
during the previous
school
year
pursuant to the partnership agreement under W.S. 21
‑
3
‑
601
.

21
‑
13
‑
311.

Determination of amount to be distributed to each district from foundation account; undistributed balance.

(a)

The amount of money which shall be distributed to each district from the foundation account

including a state-federal partnership district,
shall be determined by subtracting the sum of the district revenues computed in accordance with W.S. 21
‑
13
‑
310 from the total amount of the foundation program computed in accordance with W.S. 21
‑
13
‑
309.

21
‑
13
‑
313.

Distribution of funds from foundation account; property tax and cash reserve adjustment; regulations.

(a)

For each school year the state auditor, on the certification of the state superintendent, shall draw warrants on the state treasurer for the amount of money which shall be distributed to each district from the foundation account as computed under W.S. 21
‑
13
‑
311
,
including
a state-federal partnership district created under W.S. 21
‑
3
‑
601
. The warrants, payable to the treasurer of the district concerned, shall be delivered to the state superintendent for distribution to the several school districts.

(c)

One-third (1/3) of each district's entitlement shall be paid to the district on August 15 of each year. Subject to any adjustment under subsections (d) and (e) of this section, on or about the fifteenth day of October and February, the balance of the entitlements shall be distributed in equal payments. If, after March 1 and before April 1, the state superintendent determines that the entitlement paid to a district for that school year is not accurate, the state superintendent shall make additional payments to or require payments from that district as necessary to correct the inaccuracy as soon as practicable. Except as provided under W.S. 21
‑
2
‑
202(e), after March 31 of any school year, the state superintendent shall not adjust any district's entitlement or fiscal information used to compute a district's entitlement for that school year, and the entitlement or fiscal information shall only be adjusted thereafter in accordance with audit review pursuant to W.S. 9
‑
1
‑
513.

Entitlement payments for state-federal partnership districts shall be
made
at the same times and in the same manner prescribed for school districts under this subsection.

21
‑
13
‑
320.

Student transportation; amount within school foundation program formula for transportation maintenance and operations expenditures and school bus purchases; district reporting requirements.

(b)

There shall be an amount computed for each school district

including a state-federal partnership district,
equal to the assigned percentage of the base price amount for bus purchase and lease payment expenditures made by the district during the previous school year pursuant to subsection (g) of this section, one hundred percent (100%) of the amount actually expended by the district during the previous school year under subsection (c) of this section and for:

21
‑
13
‑
321.

Special education; amount within foundation program formula for special education programs and services; district reporting requirements.

(b)

The amount provided for special education within the education resource block grant model pursuant to W.S. 21
‑
13
‑
309(m)(v)(E)(II) shall be equal to one hundred percent (100%) of the amount actually expended by the district

including state-federal partnership districts,
during the previous school year for special education programs and services.

21
‑
13
‑
324.

Teacher extra compensation adjustment to district total amount per ADM.

(a)

A district

including a state-federal
partnership
district
,
may pay extra compensation to a teacher as necessary to employ teachers for providing educational programs at locations which because of their unique circumstances require additional pay. Extra compensation under this section:

21
‑
13
‑
701.

Submission of question to electors authorized; purposes for which indebtedness may be created; required public hearing on bonding proposition.

(d)

The board of trustees of a state-federal partnership district established under W.S. 21
‑
3
‑
601 shall not have authority to submit a proposition for bonded indebtedness and this article shall not apply to state-federal partnership districts.

21
‑
15
‑
109.

Major building and facility repair and replacement payments; computation; square footage allowance; use of payment funds; accounting and reporting requirements.

(b)

To the extent funds are available, on July 1 of each year, the school facilities commission shall based upon square footage computations computed on September 1 of the prior school year, distribute major building and facility repair and replacement payments to each school district from the capital construction account
, including state-federal
partnership
schools established under W.S. 21
‑
3
‑
601
. If funds within the account are not sufficient for payments on July 1 of any school year, the commission shall distribute payments from the account on or before September 30 and March 31 of that school year. Major building and facility repair and replacement payments shall be computed in accordance with subsection (c) of this section.

21
‑
15
‑
111.

Definitions.

(a)

As used in this act:

(viii)

"School district" means a school district as defined by law, and except as provided under W.S. 21
‑
15
‑
109, shall exclude a state-federal
partnership
district established under W.S. 21
‑
3
‑
601;

(viii)
(xix)

"This act" means W.S. 21
‑
15
‑
108, 21
‑
15
‑
109 and 21
‑
15
‑
111 through 21
‑
15
‑
121.

Section
3
.

Ten thousand dollars ($10,000.00) is appropriated from the general fund to the state superintendent of public instruction to commence efforts for the development of a partnership agreement with the federal government on behalf of the state to provide education
al
programs
and services
to school age children
through the school located on the Wind River Indian Reservation in Fremont County, Wyoming, and receiving federal funds through the bureau of Indian affairs. The efforts funded under this section shall be conducted in accordance with and as authorized under W.S. 21
‑
3
‑
601 through 21
‑
3
‑
612 as created under section 1 of this act
.

p
rogress
under
this
section
shall be periodically reported to the governor's office, the joint appropriations interim committee and the joint education interim committee.

Section 4.

(a)

Except as provided under subsection (b) of this section, t
his act is effective July 1, 2007.

(b)

Notwithstanding subsection (a) of this section, section 3 of this act
is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
SF0073