Alternative schools.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0003

ENROLLED ACT NO. 5, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to school finance; eliminating the moratorium imposed upon alternative schools included within a district's configuration of schools under the block grant funding model, subject to specified conditions; addressing educational space for alternative schools as specified; granting rulemaking authority; and providing for effective dates.

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

Section 1.

W.S. 21
‑
13
‑
309(m)(v)(B) by creating a new subparagraph (IV) and (vi)(intro), as amended by 2013 Wyoming Session Laws, Chapter 1, is amended to read:

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
director
shall:

(v)

Based upon ADM computations and identified school configurations within each district pursuant to paragraph (iv) of this subsection, compute the foundation program amount for each district as prescribed by the education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21
‑
13
‑
101(a)(xiv), as contained within the spreadsheets and accompanying reports referenced under W.S. 21
‑
13
‑
101(a)(xvii), on file with the secretary of state and maintained by the
director
pursuant to W.S. 21
‑
2
‑
202(e). The following criteria shall be used by the
director
in the administration of the education resource block grant model:

(B)

Alternative schools qualifying for separate consideration under the education resource block
grant model may be established by a school district for offering educational programs to students with educational needs which the district finds are not appropriately met by other schools in the district, excluding charter schools established under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314. Alternative schools included within a district's configuration of schools identified under paragraph (iv) of this subsection shall for purposes of the education resource block grant model:

(IV)

On and after July 1, 2014, and if not qualifying under subdivision (I) of this subparagraph, be approved by the director subject to the following:

(1)

Completion of a formal evaluation of the school district's at-risk programs to ensure provision of a continuum of learning supports and classroom interventions addressing the needs of at-risk children within the district which is comprised of the following:

a.

Criteria for identifying at-risk students in accordance with and subject to research-based indicators;

b.

Use of individual learning plans for each identified at-risk student or an equivalent school-wide plan that defines interventions, programs and services required to address special needs. The plans shall be continuously monitored by the district;

c.

Use of quality learning supports and classroom interventions based upon the special needs of the student population served by the district and the supports and interventions are supported by and based upon research-based practices and strategies;

d.

Data based predictors to identify students at-risk of dropping out of school after reaching the age of compulsory attendance pursuant to W.S. 21
‑
4
‑
102 and learning supports and classroom strategies to address this student population.

(2)

A formal evaluation is conducted by the district not less than once every two (2) years of the school's programs, comprised of the continuum of learning supports and classroom interventions specified under subdivision (IV)(1) of this subparagraph. The evaluation shall measure the effectiveness of the school's programs in meeting the needs of those student populations attending the school. Formal evaluations conducted under this subparagraph shall be reported to and approved by the district board and reported to the director together with action plans addressing necessary program improvements;

(3)

Student achievement within the school is reported annually by the district to the director, as measured by quality indicators specified by rule and regulation of the department which reflect the components of the continuum of learning supports and classroom interventions specified under subdivision (IV)(1) of this subparagraph;

(4)

Educational space for the school is provided through facilities operated and maintained by the district and approved by the school facilities department as meeting statewide adequacy standards. After two (2) evaluations by the director under subdivision (IV)(3) of this subparagraph that demonstrate academic progress or success of an alternative school's educational program, the alternative school shall be included in the district's five (5) year plan under W.S.
21
‑
15
‑
116 and the school's long-term facility needs shall be evaluated by the school facilities department. Notwithstanding subparagraph (m)(vi)(C) of this section, the school facilities department shall not approve any district plan which includes educational space for the alternative school within a separate facility unless the district provides sufficient documentation and evidence that the school cannot be collocated within a facility containing educational space for another school with similar grade configurations operated by the district.

(vi)

Except for charter schools established under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314
and alternative schools approved under subdivision (v)(B)(IV) of this subsection
, any alteration of the configuration of grades within a district, school or school facility which differs from the configuration of grades during the immediately preceding school year as reported under paragraph (iv) of this subsection shall be considered a reconfiguration and shall be documented by the district and reported to the director and the director of the school facilities department. Following review and evaluation, the director of the department of education and the director of the school facilities department shall, each acting independently, approve or deny the reconfiguration for purposes of application to the education resource block grant model and the determination of school facility needs and remedies. The following shall apply:

Section
2
.

W.S. 21
‑
13
‑
309(m)(v)(B) by creating a new subparagraph (IV) and (vi)(intro), as in effect prior to the enactment of 2013 Wyoming Session Laws, Chapter 1, is amended to read:

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:

(v)

Based upon ADM computations and identified school configurations within each district pursuant to paragraph (iv) of this subsection, compute the foundation program amount for each district as prescribed by the education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21
‑
13
‑
101(a)(xiv), as contained within the spreadsheets and accompanying reports referenced under W.S. 21
‑
13
‑
101(a)(xvii), on file with the secretary of state and maintained by the
state superintendent
pursuant to W.S. 21
‑
2
‑
202(e). The following criteria shall be used by the
state superintendent
in the administration of the education resource block grant model:

(B)

Alternative schools qualifying for separate consideration under the education resource block grant model may be established by a school district for offering educational programs to students with educational needs which the district finds are not appropriately met by other schools in the district, excluding charter schools established under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314. Alternative schools included within a district's configuration of schools identified under paragraph (iv) of this subsection shall for purposes of the education resource block grant model:

(IV)

On and after July 1, 2014, and if not qualifying under subdivision (I) of this subparagraph, be approved by the state superintendent subject to the following:

(1)

Completion of a formal evaluation of the school district's at-risk programs to ensure provision of a continuum of learning supports and classroom interventions addressing the needs of at-risk children within the district which is comprised of the following:

a.

Criteria for identifying at-risk students in accordance with and subject to research-based indicators;

b.

Use of individual learning plans for each identified at-risk student or an equivalent school-wide plan that defines interventions, programs and services required to address special needs. The plans shall be continuously monitored by the district;

c.

Use of quality learning supports and classroom interventions based upon the special needs of the student population served by the district and the supports and interventions are supported by and based upon research-based practices and strategies;

d.

Data based predictors to identify students at-risk of dropping out of school after reaching the age of compulsory attendance pursuant to W.S. 21
‑
4
‑
102 and learning supports and classroom strategies to address this student population.

(2)

A formal evaluation is conducted by the district not less than once every two (2) years of the school's programs, comprised of the continuum of learning supports and classroom interventions specified under subdivision (IV)(1) of this subparagraph. The evaluation shall measure the effectiveness of the school's programs in meeting the needs of those student populations
attending the school. Formal evaluations conducted under this subparagraph shall be reported to and approved by the district board and reported to the state superintendent together with action plans addressing necessary program improvements;

(3)

Student achievement within the school is reported annually by the district to the state superintendent, as measured by quality indicators specified by rule and regulation of the department which reflect the components of the continuum of learning supports and classroom interventions specified under subdivision (IV)(1) of this subparagraph;

(4)

Educational space for the school is provided through facilities operated and maintained by the district and approved by the school facilities department as meeting statewide adequacy standards. After two (2) evaluations by the state superintendent under subdivision (IV)(3) of this subparagraph that demonstrate academic progress or success of an alternative school's educational program, the alternative school shall be included in the district's five (5) year plan under W.S. 21
‑
15
‑
116 and the school's long-term facility needs shall be evaluated by the school facilities department. Notwithstanding subparagraph (m)(vi)(C) of this section, the school facilities department shall not approve any district plan which includes educational space for the alternative school within a separate facility unless the district provides sufficient documentation and evidence that the school cannot be collocated within a facility containing educational space for another school with similar grade configurations operated by the district.

(vi)

Except for charter schools established under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314
and alternative schools approved under subdivision (v)(B)(IV) of this subsection
, any alteration of the configuration of grades within a district, school or school facility which differs from the configuration of grades during the immediately preceding school year as reported under paragraph (iv) of this subsection shall be considered a reconfiguration and shall be documented by the district and reported to the state superintendent and the director of the school facilities department. Following review and evaluation, the state superintendent and the director shall, each acting independently, approve or deny the reconfiguration for purposes of application to the education resource block grant model and the determination of school facility needs and remedies. The following shall apply:

Section 3.

(a)

Section 1 of this act is effective only if section 2 of this act is not effective as provided by subsection (b) of this section.

(b)

If a final order by the district court of Laramie County, Wyoming, is issued implementing without change the final ruling of the Wyoming Supreme Court issued January 28, 2014, in the case of
Kerry and Clara Powers, on behalf of themselves and the citizens of Wyoming, and Cindy Hill, on behalf of herself and as the Superintendent of Public Instruction v. State of Wyoming and Matthew H. Mead, Governor, in his official capacity [Docket No. S-13-0052]
,
then upon expiration of time for appeal of that order, or if appealed, upon issuance of a final order or mandate of the Wyoming Supreme Court confirming the district court final order, the Governor shall certify the entry of the district court final order. The Governor shall immediately
file any certification under this section together with the final order with the secretary of state. If the certification is filed with the secretary of state, section 2 of this act is
effective
and shall supersede section 1.

(c)

Subject to the provisions of subsections (a) and (b) of this section, t
his act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1