School finance-at-risk funding.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0592

HOUSE BILL
NO.
HB0269

School finance-at-risk funding.

Sponsored by:
Representative(s) Harshman, Cohee, Hammons, Jaggi, McOmie and Teeters and Senator(s) Coe

A BILL

for

AN ACT relating to
school finance; providing supplement
al
financial assistance to school districts for at-risk programs outside the block grant funding model; specifying funding requirements and purposes; imposing qualification criteria; imposing reporting requirements and
providing for
use of generated information in model recalibration; requiring payment of post secondary remedial coursework by school districts under specified conditions; providing an appropriation;
and providing for effective date
s
.

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

Section. 1.

(a)

For school years 2009
‑
2010 and 2010
‑
2011
and to address the needs of at-risk students
, supplemental financial assistance shall be available to school districts to augment resources within the education resource block grant model.
A
ssistance available under this section shall supplement district resources
for the provision of an integrated and sequenced set of programs aligned
with
at-risk strategies employed within the 2005 cost of education study.
No school district shall be eligible for funding under this section unless the district implements a reading assessment
and intervention
program in grades one (1) and two (2) in accordance with W.S. 21
‑
3
‑
401.
Expenditure of financial assistance under this section shall be limited to one-on-one instruction by certified teachers for struggling students, sheltered English
or
English as a second language instruction for English language learning (ELL) students
,
and to
augment other district at-risk strategies included within its continuum of learning support services addressing at-risk children and aligned with strategies identified within the
2005 cost of education study.

(b)

Each school district may apply to the department of education for financial assistance under this section on or before April 15 of the school year
immediately
preceding that school year for which financial assistance is requested. Application shall be on a form and in a manner prescribed by the
department
and application review and approval shall be in accordance with a process established by department rule and regulation. At minimum, the application shall include documentation of the following:

(i)

Evidence of implementation of a reading assessment and intervention program in grades one (1) and two (2) which is designed in accordance with W.S. 21
‑
3
‑
401;

(i
i
)

Evidence of employment of certified teachers as tutors at the school level for provision of one-on-one student instruction;

(ii
i
)

Evidence of employment of certified teachers for sheltered English or limited English speaking instruction
at the school level
;

(i
v
)

Evidence of a research-based approach to the use of tutors, instruction under paragraph (ii
i
) of this subsection and other strategies employed by the district
and
funded through assistance under this section;

(v)

The district's overall at-risk plan and continuum of learning support programs and services targeted for at-risk students;

(v
i
)

Evidence of alignment of
district
employed at-risk strategies to those prescribed by the 2005 cost of education study.

(c)

On or before May 1 of the school year immediately preceding the school year for which financial assistance is requested, the department shall notify each district of its eligibility to participate under this section, together with the estimated amount to be made available to that district for the applicable school year. Distributions under this section shall be in accordance with the
schedule established for foundation
program
payments under W.S. 21
‑
13
‑
313(c).

(d)

Financial assistance under this section shall be based upon prior year school level attendance and configuration reports submitted by each eligible school district under W.S. 21
‑
13
‑
309(m)(iv). Amounts shall be computed by the department for each eligible applicant district as if the education resource block grant model contained the following components for tutors, ELL students and for pupil support, prorated up and down from the
applicable
FTE position level
s
specified
under
this subsection, similar to computational operation of other components within the block grant model:

(i)

One (1) FTE certified teacher
tutor
position for every one hundred (100) at-risk students, subject to a minimum of one (1) FTE certified teacher
tutor
position for each prototypical elementary, middle and high school within the qualifying district;

(ii)

One (1) FTE certified teacher
ELL instruction
position for every one hundred (100) ELL students;

(iii)

One (1) FTE certified teacher
pupil support
position for every one hundred (100) at-risk students, subject to a minimum of one (1) FTE certified teacher
pupil support
position for each prototypical elementary, middle and high school within the qualifying district;

(iv)

"FTE" and "ADM" as used in this section shall be as defined in ATTACHMENT "A" to 2006 Wyoming Session Laws, Chapter 37, as amended and as referenced in W.S. 21
‑
13
‑
101(a)(vii);

(v)

"At-risk" students, for purposes of computations under this section, shall include students identified under W.S. 21
‑
13
‑
309(m)(v)(A).

(e)

Financial assistance to each qualifying applicant school district shall be made by the department of education from amounts appropriated by the legislature within the foundation program account for purposes of this section and shall be in addition to the foundation program amount computed
for that district
under W.S. 21
‑
13
‑
309(p) for the applicable school year. If there is an insufficient amount within the foundation program account
from amounts appropriated by the legislature for financial assistance under this section, the department shall make a pro rata reduction in financial assistance payments among all qualifying districts for the applicable school year. District expenditures of amounts distributed under this section shall be solely for and in accordance with strategies identified for at-risk students contained within district documentation submitted under subsection (b) of this section. The department may withhold a portion or the entire amount to be distributed to any district under this section for noncompliance with program documentation submitted by the applicant district.

(f)

Each district shall report to the department of education on expenditures of amounts distributed under this section
together with additional information required by the department of education on at-risk strategies employed by the district, the impact of the district's continuum of at-risk programs and services on student performance and
an
evaluation of the effectiveness of at-risk programs and services employed by the district
, together with identification of
any differences between the district's
at-risk
strategies and those contained within the 2005 cost of education study. The department shall compile the information reported under this subsection and shall include this information as a component of its at-risk study effort assigned under 2008 Wyoming Session Laws, Chapter 95, Section 401. The information compiled under this subsection shall be contained in subsequent
at-risk study
findings, shall be coordinated with the allocation and use study effort initiated under 2006 Wyoming Session Laws, Chapter 37, Section 8, and continued under 2008 Wyoming Session Laws, Chapter 95, Section 801, and shall be of a form and substance to assist the 2010 recalibration of the education resource block grant model.

(g)

The department shall establish the application process for assistance under this section and shall notify school districts of the supplemental assistance program established under this section in sufficient time to enable district application for school year 2009-2010 assistance by
not later than
April 15, 2009.

(
h
)

Commencing with academic year 2010-2011,
and each
academic
year thereafter, a
ny resident student, following graduation from a Wyoming high school within a school district receiving financial assistance under this section
and holding an advanced or comprehensive
endorsement
under W.S. 21
‑
2
‑
304(a)(iv)(A) or (B)
,
who subsequently
requir
es
remediation of high school level courses during or prior to entry into a post secondary education program offered by a Wyoming community college or the University of Wyoming, shall receive remedial education at no cost
for tuition
until such time as the student is prepared for enrollment in post secondary education level courses and approved for enrollment
in such course work
by the appropriate community college or the university
, or until the expiration of two (2) academic years following the year of graduation, whichever first occurs
. The school district from which the student graduated shall, on behalf of the student, pay
to the appropriate college or the university,
the cost of tuition
for enrollment

in the remedial courses.

Payment by a district shall be made under this subsection
solely
from that portion of the foundation program
amount
computed under W.S. 21
‑
13
‑
309 which is attributable to components within the education resource block grant model in excess of the cost-based level recommended within the 2005 cost of education study as prescribed and computed in accordance with department rule and regulation.
The university and colleges shall report
the number of
Wyoming
high school graduates requiring remedial course work to the department of education, and the department shall notify the university or college if the student's school district of graduation is subject to this
subsection
.
The department shall pay the costs of
tuition for
remedial course work to the appropriate college or the University on behalf of the school district
from the excess amounts
computed under this subsection
through
amounts
withheld from
that district's
October or February foundation payment under W.S. 21
‑
13
‑
313(c), as appropriate
, or
through amounts
added to the amount recaptured under W.S.
21
‑
1
3
‑
102(b).

In addition, the department shall notify each school district, each
Wyoming
community college and the university of the provisions of this subsection.
A student shall enroll in a remedial education program offered by a
Wyoming
community college or the university within t
he first two (2) academic years following
high school graduation to be eligible for tuition payments by the district under this subsection.

Section 2.

2006 Wyoming Session Laws, Chapter 37, Attachment "A(b)", as amended by 2007 Wyoming Session Laws, Chapter 147, Section 401 and
2008 Wyoming Session Laws, Chapter 95, Section 701, is amended to read:

ATTACHMENT "A"
ATTACHMENT "A" CONTAINS AN ENUMERATION OF MODEL COMPONENTS SUMMARIZING AND EXECUTING RECOMMENDATIONS CONTAINED WITHIN THE 2005 COST OF EDUCATION STUDY ON THE RECALIBRATION OF THE EDUCATION RESOURCE BLOCK GRANT MODEL AS FOLLOWS:

Summary of
Wyoming
Recalibration Recommendations:

For purposes of this attachment:
"ADM" means as defined under W.S. 21
‑
13
‑
101(a)(i) and reflects a per student computation;
"FTE" means full time equivalency basis as computed in accordance with guidelines prescribed by rule and regulation of the department of education.

(b)

To implement this act and notwithstanding subsection (a) of this attachment, the Wyoming education resource block grant model components and the resourcing for those components shall be as follows:

Full-Day Kindergarten:

Funded for all elementary schools.

Class Size:

16 for grades Kindergarten through 5;

21 for grades 6 through 12.

Core teachers:

Elementary school ADM divided by 16;

Middle school ADM divided by 21;

High school ADM divided by 21.

Specialist teachers:Elementary schools: 20 percent of core teachers;

Middle and high schools: 33 percent of core teachers.

Minimum teachers:

6.0 for elementary schools with greater than 49 ADM;

8.0 for middle schools with greater than 49 ADM;

1
0.0 for high schools with greater than 49 ADM.

Instructional facilitators:

0.

Tutors:

1 FTE teacher position for every 100 at-risk students with a minimum of 1 FTE teacher position for prototypical elementary, middle and high schools

0
.

ELL:

1 FTE teacher position for every 100 ELL students

0
.

Extended day:

0.

Summer school:

0.

Alternative schools:

1 assistant principal position plus 1 FTE teacher position for every 7 students.

Substitutes:

Additional 5 percent of ADM generated teacher positions at $88.40/day plus 7.65% for benefits.

Supervisory aides:

2 for 288 ADM prototypical elementary school;

2 for 315 ADM prototypical middle school;

5 for 630 ADM prototypical high school.

Pupil support:

1 FTE teacher position for every 100 at-risk students with a minimum of 1 FTE teacher position for prototypical elementary, middle and secondary schools; PLUS

1 FTE position for every 250 students in secondary schools.

Librarian:

1.0 for each prototypical elementary, middle and high school.

Library media tech:

1.0 for each prototypical middle and high school.

Principal:

1.0 for all schools down to 96 ADM elementary and 105 ADM middle and high, prorated by ADM below these ADM levels.

Assistant principal:

Begin phasing in 1 assistant principal for every 315 students at 316 ADM middle and high school.

Secretary:

1.0 for 288 ADM prototypical elementary;

1.0 for 315 ADM prototypical middle school;

1.0 for 315 ADM and 630 ADM prototypical high school.

Clerical:

1.0 for 288 ADM prototypical elementary school;

1.0 for 315 ADM prototypical middle school;

2.0 for 315 ADM prototypical high school.

Books/Ins. Materials:

$296.99/elementary and middle school ADM;

$363.65/high school ADM.

Computers, equipment:

$260/ADM.

Special education:

100 percent state reimbursement of prior year actual expenditures.

Gifted:

$26/ADM.

Vocational education:

0.29 times FTE vocational education ADM;

$8040.74/FTE vocational education teacher for equipment and supplies.

Student activities:

Resource under the following school configurations:

K-5 elementary school: $21.63/ADM;

6-8 middle school: From $711.69/ADM at 1 ADM school to $183.88/ADM for 1260 ADM school;

9-12 high school: From $1834.60/ADM for 1 ADM school to $540.80/ADM for 1260 ADM school.

Professional development:

In addition to the above instructional facilitators/coaches:

5 extra days in teacher yearly contract, at statewide average of $238 per day, which will vary by district average salary levels;

Plus $104/ADM for trainers.

Assessment:

In addition to all other professional development resources:

$33.58/ADM.

Central office staff:

District ADM 500 and below:

3 administrative and 3 secretarial;

District ADM from 500 to 1000:

Proration of an additional administrative and secretarial position;

District ADM at 1000:

4 administrative and 4 secretarial;

adjusted upwards to 3500 ADM.

District ADM at 3500:

8 administrative and 10 secretarial,

prorated up for districts with ADM greater than 3500.

Central office nonpersonnel expenses:

$312/ADM.

Transportation:

100 percent state reimbursement of prior year actual expenditures.

Food services:

Assumed to be self supporting program.

Maintenance and operations:

Based on ADM, gross square footage and number of buildings and rooms for custodians, facilities maintenance and groundskeepers. Groundskeeper FTE computations shall be based upon the lesser of the actual site acreage on which the facility is situated as defined by department rule and regulation, or the school facility guidelines and site acreages established by the school facilities commission under W.S. 21
‑
15
‑
114. The state superintendent shall grant exceptions to the groundskeeper FTE computation limitations for acreages acquired on or prior to July 1, 1997, and for acreages acquired after July 1, 1997 through an exchange with another governmental entity if the acreages involved in the exchange were originally acquired by the district and the governmental entity on or prior to July 1, 1997.

M & O supplies:

$0.57 per 110 percent of gross square feet of authorized education space.

Utilities:

Actual 2004-2005 expenditures by district inflated up in subsequent years by inflation factor.

School adjustments:

For all schools with 49 or fewer ADM, resource with 1 assistant principal position plus 1 FTE teacher position for every 7 students for all staff;

For all schools with 49 or fewer ADM within a district comprised solely of schools with 49 or fewer ADM, resource with 1 assistant principal position plus 1.5 FTE teacher positions for every 7 students for all staff;

Minimum 6 teachers in elementary schools greater than 49 ADM;

For a K-5 or K-6 school, resource as elementary school;

For a K-7, K-8 or K-9 school, resource K-5 as elementary school and remainder as middle school;

For K-12 school, resource as K-5 elementary, 6-8 middle and 9-12 high school;

For 6/7-12 school, resource as 6-8 middle and 9-12 high school.

Average Salaries:

Teachers

$ 43,938.00

Teachers with 5 extra days

$ 45,126.00

Principals

$ 73,994.00

Assistant principals

$ 62,085.00

Superintendents

$ 95,211.00

Assistant superintendents

$ 76,168.80

Business managers

$ 64,202.00

Aides

$ 16,430.00

Media technicians

$ 38,747.00

Central office secretaries

$ 31,073.00

School secretaries

$ 28,868.00

School clerical staff

$ 22,206.00
Maintenance and operations:

Maintenance/groundskeepers

$ 31,866.00

Custodians

$ 26,582.00

Benefits:

19.66 percent plus
health as computed under W.S.

21
‑
13
‑
309(m)(v)(F).

Regional cost adjustment:

As provided by W.S. 21
‑
13
‑
309(m)(v)(C).

External cost adjustment:

As provided by W.S. 21
‑
13
‑
309(o).

Section 3.

For the period commencing July 1, 2009, and ending June 30, 2011,
one hundred five
million dollars ($
105
,
00
0,000.00) is appropriated from the public school foundation program account to the department of education for purposes of implementing this act.

Section 4.

(a)

Except as provided by subsection (b) of this section, this act is effective July 1, 2009.

(b)

Notwithstanding subsection (a) of this section, section 1 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
HB0269