School finance amendments.

2017
STATE OF WYOMING
17LSO-0559
Introduced
1.3

HOUSE BILL

NO.

HB0287

School finance amendments.

Sponsored by:
Representative(s) Laursen and Lindholm and Senator(s) Driskill and Peterson

A BILL

for

AN ACT relating to school finance; reducing education resource block grant model funding; including instructional facilitators, summer school and extended day programs within the education resource block grant model; modifying reimbursement for school district transportation and special education costs; establishing a select committee to recalibrate education costs; providing additional revenue for schools; providing an appropriation; and providing for an effective date.

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

Section
1
.

W.S.
21
‑
13
‑
309 by creating a new subsection (w),
21
‑
13
‑
320(
a),
21
‑
13
‑
321(b)
,
39
‑
15
‑
104 by creating a new subsection (h), 39
‑
15
‑
111(b)(intro) and by creating a new subsection (p), 39
‑
16
‑
104 by creating a new subsection (g) and 39
‑
16
‑
111(b)(intro) and by creating a new subsection (p)
are amended to read:

21
‑
13
‑
309.

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

(
w
)

Notwithstanding any other provision of this section and for the 2017
‑
2018 and 2018
‑
2019 school years only, the state superintendent shall reduce funding to each district provided under this section by eight percent (8%). This section shall not apply to funding for transportation costs
provided under W.S. 21
‑
13
‑
320
or special education costs
provided under W.S. 21
‑
13
‑
321
.

21
‑
13
‑
320.

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

(a)

The amount provided for the transportation of school children within the education resource block grant model pursuant to W.S. 21
‑
13
‑
309(
m)(v)(E)(I) shall be computed in accordance with this section.
Notwithstanding subsections (b) through (f) of this section, effective for school year 20
18
‑
2019
and each year thereafter, the amount computed for each school district under this section shall equal the amount the district
expended
under this section in school year 2016
‑
2017 plus any amounts provided under subsection (f) of this section for buses purchased or leased prior to the effective date of this section. On or after the effective date of this subsection, no school district shall purchase or lease a new bus
with funding provided by the state
unless the district applies to the department of education and the department determines that an emergency exists necessitating the purchase or lease of a new bus.

21
‑
13
‑
321.

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

(b)

Except as otherwise provided in this subsection,
t
he 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 during the previous school year for special education programs and services.
Notwithstanding subsections (d) through (g) of this section, effective for school year 20
18
‑
2019
and each year thereafter, the amount computed for each school district under this section shall equal the amount the district
expended
under this section in school year 2016
‑
2017 plus one hundred percent (100%) of the amount actually expended by the district during the previous school year for tuition for special education programs and services provided outside of the district.

39
‑
15
‑
104.

Taxation rate.

(h)

Effective
on the date specified in this subsection
, in addition to the sales tax under subsection
s
(a)
and (b)
of this section there is imposed an additional
sales tax of one
‑
half of one percent (0.5
%) which shall be administered as if the sales tax rate under subsection
(b
) of this section was increased from
four percent (4
%) to four
and one
‑
half percent (4.5%). The revenue from the additional
one
‑
half of one percent (0.5
%)

shall be distributed
as provided in W.S. 39
‑
15
‑
111(
p). This paragraph is effective beginning the month immediately following the date that the state treasurer first certifies to the governor and the department of revenue that the amount in the legislative stabilization reserve account is less than five hundred million dollars ($500,000,000.00). This paragraph is repealed on July 1 of the year immediately following the year that the state superintendent certifies to the governor and the department of revenue that amounts received from W.S. 39
‑
13
‑
104(a)(iv), (b)(ii) and (d)(i) for that year account for at least sixty
‑
five percent (65%) of the funds required for the total school foundation amount under W.S. 21
‑
13
‑
309(p) plus any additional amounts distributed to school districts in excess of W.S. 21
‑
13
‑
309(p), not including any amounts distributed under W.S. 21
‑
15
‑
109, 21
‑
15
‑
118 and 21
‑
15
‑
120.

39
‑
15
‑
111.

Distribution.

(b)

Revenues earned under W.S. 39
‑
15
‑
104 during each fiscal year shall be recognized as revenue during that fiscal year for accounting purposes.
Except for revenue collected through the tax under W.S. 39
‑
15
‑
104(
h) as provided in subsection (p) of this section, f
or all revenue collected by the department under W.S. 39
‑
15
‑
104 the department shall:

(p)

For all revenue collected by the department under W.S. 39
‑
15
‑
104(
h), the department shall credit one hundred percent (100%) to the public school foundation program account created under W.S. 21
‑
13
‑
306(a).

39
‑
16
‑
104.

Taxation rate.

(g)

Effective
on the date specified in this subsection
, in addition to the
use
tax under subsection
s
(a)
and (b)
of this section there is imposed an additional
u
s
e
tax of one
‑
half of one percent (0.5
%) which shall be
administered as if the
use
tax rate under subsection
(b
) of this section was increased from
four percent (4
%) to four
and one
‑
half percent (4.5%). The revenue from the additional
one
‑
half of one percent (0.5
%)

shall be distributed
as provided in W.S. 39
‑
16
‑
111(
p). This paragraph is effective beginning the month immediately following the date that the state auditor and state treasurer first certify to the governor and the department of revenue that the amount in the legislative stabilization reserve account is less than five hundred million dollars ($500,000,000.00). This paragraph is repealed on July 1 of the year immediately following the year that the state superintendent certifies to the governor and the department of revenue that amounts received from W.S. 39
‑
13
‑
104(a)(iv), (b)(ii) and (d)(i) for that year account for at least sixty
‑
five percent (65%) of the funds required for the total school foundation amount under W.S. 21
‑
13
‑
309(p) plus any additional amounts distributed to school districts in excess of W.S. 21
‑
13
‑
309(p), not including any amounts distributed under W.S. 21
‑
15
‑
109, 21
‑
15
‑
118 and 21
‑
15
‑
120.

39
‑
16
‑
111.

Distribution.

(b)

Revenues earned under this article during each fiscal year shall be recognized as revenue during that fiscal year for accounting purposes.
Except for revenue collected through the tax under W.S. 39
‑
16
‑
104(
g) as provided in subsection (p) of this section, r
evenue collected by the department from the taxes imposed by this article shall be transferred to the state treasurer who shall, as specified by the department:

(p)

For all revenue collected by the department under W.S. 39
‑
15
‑
104(
g), the department shall credit one hundred percent (100%) to the public school foundation program account created under W.S. 21
‑
13
‑
306(a).

Section 2.
2011 Wyoming Session Laws, C
hapter 185, Attachment "A"

(b
)(
vi) and (
i
x
) is amended to read:

ATTACHMENT "A"

ATTACHMENT "A" CONTAINS AN ENUMERATION OF EDUCATION RESOURCE BLOCK GRANT MODEL COMPONENTS SUMMARIZING AND EXECUTING RECOM
MENDATIONS CONTAINED IN THE 201
0
COST OF EDUCATION STUDY AS FOLLOWS:

(b)

Notwithstanding components specified in the 201
0
cost of education study accepted by the legislature, the
Wyoming
education resource block grant model components and the resourcing for those components, as enacted by the legislature, shall be as follows:

(vi)

Instructional
facilitators:

Computed in accordance
with W.S. 21
‑
13
‑
335.

(A)

0.90 FTE teacher position
for 288 ADM prototypical elementary school;

(B)

0.90 FTE teacher position for 315 ADM prototypical middle or high school;

(C)

Resourced at the highest
‑
grade prototype using the total school ADM.

(i
x)

Extended day

and summer school
:

Computed in accordance with W.S. 21
‑
13
‑
33
4.

(A)

0.15 FTE teacher position for every 30 at
‑
risk students as identified under W.S. 21
‑
13
‑
309(
m)(v)(A);

(B)

Minimum of 0.5 FTE teacher position for each district.

Section
3
.

W.S. 21
‑
13
‑
334,
21
‑
13
‑
335
and 2011 Wyoming Session Laws, Chapter 185, Attachment "A" (b
)(
x)
are repealed.

Section
4
.

(a)

The select committee on school finance recalibration is created consisting of the following members:

(i)

Not more than five (5) members of the Wyoming senate appointed by the president of the senate of which one (1) member shall be the chairman of the senate education committee and one (1) member shall be the chairman of the senate appropriations committee;

(ii)

A number of members of the Wyoming house of representatives equal to the number of Wyoming senators appointed under paragraph (i) of this subsection not to exceed a total of five (5) house members appointed by the speaker of the house of representatives, of which one (1) member shall be the chairman of the house education
committee and one (1)

member shall be the chairman of the house appropriations committee;

(iii)

Not less than one (1) and not more than two (2) members from each house shall be from the minority party;

(iv)

The
cochairmen of the select committee shall be appointed by the president of the senate and the speaker of the house, respectively.

(b)

The select committee shall undertake a study to recalibrate the education resource block grant model as required under W.S. 21
‑
13
‑
309(
t) to determine if modifications are necessary to ensure the model remains effective and cost

based in light of changing conditions and modifications to law. The department of education, department of workforce services, school districts and the school finance data advisory committee established under W.S. 21
‑
2
‑
203 shall collect and provide the information requested by the select committee.

(c)

The select committee shall report its recommendations and any associated legislation to the legislature in time for consideration during the 201
9

general
session and
may
, through the approval of the management council of the legislature, contract for necessary consulting expertise. The select committee may develop and introduce legislation as necessary to effectuate the purposes of this section.

(d)

Appointments shall be made under this secti
on not later than March 15, 2017
. The select committee shall exist until March 31, 201
9
. Any vacancy occurring on the select committee shall be filled by the president of the senate or speaker of the house of representatives, as appropriate, immediately upon the vacancy occurring.

(e)

For the period beginning on the effective date of this section and ending June 30, 201
9
, there is appropriated

from the school foundation program account to the legislative service office
one hundred twenty thousand dollars ($120,000.00)
to provide salary, per diem and mileage for members of the select committee and to fund
other expenses of the select committee as necessary to carry out this section.

Section
5
.

(a)

Except as provided in subsection (b) of this
section, t
his
act is effective July 1,
201
7
.

(b)

Amendments to W.S. 21
‑
13
‑
320 contained in
section 1 of
this act and
s
ection
4
of this act are
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)

1
HB0287