School district reorganization.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0303

HOUSE BILL
NO.
HB0168

School district reorganization.

Sponsored by:
Representative(s) Harshman

A BILL

for

AN ACT relating to school district organization; providing for the countywide organization of districts as specified; establishing county committees for this purpose; imposing a consolidation planning process and reporting requirements; specifying reorganization implementation and time of implementation; imposing duties upon the state committee;
requiring reporting to legislature for plan
execution
;
modifying transitional funding accordingly;
and providing for an effective date.

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

Section 1.

W.S. 21
‑
6
‑
301 through 21
‑
6
‑
303 are created to read:

ARTICLE 3
SCHOOL DISTRICT
REORGANIZATION

21
‑
6
‑
301.

Definitions.

(a)

As used in this article:

(i)

"County committee" means the county planning committee for the consolidation of school districts in accordance with this article;

(ii)

"Plan of consolidation" means a plan which would place all the territory of a county into one (1) unified school district with boundaries identical to those of the county in which it is located;

(iii)

"State committee" means as defined in W.S. 21
‑
6
‑
202(a)(ii);

(iv)

"Unified school district" means as defined in W.S. 21
‑
6
‑
202(a)(iv).

21
‑
6
‑
302.

County planning committees; membership; duties.

(a)

By September 1, 20
11
, the board of trustees of each school district within each county
containing
more than one (1) school district shall elect one (1) registered voter from each school district to be a member of a county committee to review the consolidation of the school districts within that county. In those counties with five (5) or less districts, two (2) members shall be elected from each district.

(b)

Each member of the district boundary board of each county or counties established under W.S. 21
‑
6
‑
203 shall be an ex officio member of the county committee without voting privileges.

(c)

Each county planning committee shall:

(i)

Prepare and submit to the state committee before September 1, 201
2
, a report on consolidation and a plan of reorganization conforming to the criteria and procedures specified in this article for the reorganization of school districts within the county, to be effective July 1, 201
3
;

(ii)

Hold at least one (1) public hearing within the county on its proposal for the reorganization plan. Notice of each hearing shall be published in a newspaper of general circulation in the county at least once each week for the two (2) week period immediately preceding the time set for the hearing. The notice shall contain a statement of the time and place of 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 of the notice shall be sent to each school district trustee residing in the area involved in the hearing;

(iii)

Include in the report to the state committee its determination of the feasibility of consolidation, necessary incentives to encourage voluntary consolidation and obstacles to consolidation. This portion of the report shall also be submitted by the co
unty committee to members of the joint education interim committee
;

(iv)

The report shall include the proposed consolidation plan and the following:

(A)

Recommendations on the location of schools, the utilization of existing buildings, allocation of existing indebtedness, the employment of existing personnel and the transportation requirements under the proposed plan for the organization of the reorganized district, together with the time period under which recommendations are to be accomplished;

(B)

A summary of the reasons for the plan;

(C)

A record of all hearings;

(D)

A summary of any anticipated modifications to educational programs
caused by reorganization
;

(E)

The number of trustees and the manner of trustee selection for a countywide unified school district;

(F)

The proposed time schedule for school district reorganization under the plan;

(G)

The extent to which consolidation may result in a reduction in total federal revenues available to the reorganized district as compared with that available to all existing districts within the county. The report shall include recommendations to minimize the impact of reorganization on the availability of federal revenue; and

(H)

Other reports, records and materials as the county committee or the state committee deems necessary.

21
‑
6
‑
303.

Powers and duties of state committee.

(a)

The state committee shall:

(i)

Aid the several county committees in carrying out this article by furnishing state department of education staff assistance as authorized by the state superintendent, and providing plans of procedure, standards, data, maps and other information and services to the county committees as necessary to carry out the purposes of this article;

(ii)

By October 1, 20
11
, appoint a county committee in any county in which a county committee is not elected as required by this article;

(iii)

By October 1, 201
2
, develop a plan for the reorganization of the school districts within a county for which a plan has not been submitted in accordance with this article. The plan shall conform to the criteria and procedures specified under W.S. 21
‑
6
‑
302 for implementation on July 1, 201
3
.

(b)

Within sixty (60) days of the date of receipt, review the submitted plan for reorganization and approve or reject the submitted plan with reasons for rejection and recommendations for making the plan acceptable. A plan shall be rejected only if it fails to comply with the provisions of this article. If a plan is rejected, a county committee may resubmit a modified plan as often as necessary. Upon plan approval, the state committee shall make an order establishing the reorganized, countywide school district according to the approved plan of organization, effective July 1, 201
3
. The order is the final administrative determination and shall be filed with the county clerk of the appropriate county prior to July 1, 201
3
. The order shall be effective and binding on July 1, 201
3
. The final administrative action of the state committee shall be appealable from the date of filing with the county clerk.

(c)

Upon filing the final administration determination under subsection (b) of this section, the state committee shall report approved plans for consolidation to the joint education interim committee. The committee shall assemble legislation executing
necessary statutory modification to implement
school district reorganization
established under subsection (b) of this section
for introduction in the 2014 budget session of the legislature.

Section 2.

W.S. 21
‑
6
‑
219(a) is amended to read:

21
‑
6
‑
219.

Adjustment of state foundation
program amounts
.

(a)

When two (2) or more districts or parts of districts are organized into a school district and the total fiscal resources of the new school district are less than the combined fiscal resources of the districts the last year before organization, then the state superintendent shall adjust the state foundation
entitlement

program amount computed under W.S. 21
‑
13
‑
309(p)
to compensate for the differences in fiscal resources. The adjustment shall be equal to one hundred percent (100%) of the initial difference
,

in each of

less amounts reimbursed under W.S. 21
‑
13
‑
309(m)(v)(E),

for

the first
two (2)
fiscal
years

year
after the new organization
,

and
fifty percent (50%) of
the

this
initial difference in the
third

second
fiscal year
.

and twenty
‑
five percent (25%) of the initial difference in the fourth fiscal year

No compensation for differences shall be paid under this subsection if, but for a decrease in ADM as compared to the prior school year, the differences would not have been less than one hundred percent (100%) or fifty percent (50%)
, as appropriate,
of the prior year foundation amount
. The adjustment shall also provide reimbursement for expenses incurred by the school districts involved in the new organization. Expenses which are reimbursable shall be determined in accordance with rules adopted by the state superintendent
,

and
shall not exceed one hundred thousand dollars ($100,000.00)
.
, and shall be paid in equal amounts over a period not to exceed three (3) fiscal years.

Section 3.

W.S. 21
‑
6
‑
219(b) is repealed.

Section
4
.

This act is effective
July 1, 20
11
.

(END)

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HB0168