School finance amendments-3.

2018
STATE OF WYOMING
18LSO-0472
ENGROSSED
2.1

SENATE FILE

NO.
SF0117

School finance amendments-3.

Sponsored by:
Senator(s) Peterson, Bebout, Coe, Hicks, Kinskey and Von Flatern and Representative(s) Clem and Lone

A BILL

for

AN ACT relating to school finance; modifying the education resource block grant model; modifying other provisions relating to school finance; amending worker's compensation provisions relating to school finance; providing for a hold harmless provision; requiring reports and other administrative action; and providing for effective dates.

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

Section
1
.

W.S.
21
‑
3
‑
110(a) by creating new paragraph
s
(xxxvi)
and (xxxvii)
, 21
‑
13
‑
309(m)(iv)(A)

and 27
‑
14
‑
108(d)(xvi) and (f) by creating a new paragraph (x) are amended to read:

21
‑
3
‑
110
.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xxxvi)

Participate in programs of the department of workforce services necessary to receive premium discounts for the state workers' compensation program
;

(xxxvii)

Annually report to the department of education on school district monies within a capital improvements reserve fund
established pursuant to W.S. 16
‑
4
‑
105(b) or special reserve fund established pursuant to W.S. 21-13-504.

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:

(A)

The average daily membership (ADM) for each reported school shall be computed based upon the
average of the school's ADM counts completed at the end of the three (3) immediately preceding school years or the
school's ADM for the previous school
year
;
,
whichever is greater;

27
‑
14
‑
108
.

Extrahazardous
industries, employments, occupations; enumeration; definitions; optional coverage.

(d)

This act applies to governmental entities engaged in an industrial classification listed under subsection (a) of this section and to employees of governmental entities engaged in or employed as the following:

(xvi)

Public school educational assistants who provide services to special education students
while working directly with special education students
and certified special education teachers and related services providers as defined by 34 C.F.R. 300.18 and 300.156 and W.S. 21
‑
2
‑
802 and 21
‑
7
‑
303 who provide services to eligible students
with behavioral, emotional, cognitive, learning, physical or health disabilities that require educational services to be provided outside of the regular classroom because the use of supplementary aids and services cannot be achieved satisfactorily in the regular classroom
while working directly with eligible students
;

(f)

As used in this section:

(x)

"Eligible student" means a student with behavioral, emotional, cognitive, learning, physical or health disabilities who requires educational services to be provided outside of the regular classroom because the use of supplementary aids and services cannot be achieved satisfactorily in the regular classroom.

Section 2
.

2011 Wyoming Session Laws, Chapter 185, Attachment "A"

(b)(ii)
,
(iii)
,
(xxxiii)

and (xxxviii)
is amended to read:

ATTACHMENT "A"
ATTACHMENT "A" CONTAINS AN ENUMERATION OF EDUCATION RESOURCE BLOCK GRANT MODEL COMPONENTS SUMMARIZING AND EXECUTING RECOMMENDATIONS CONTAINED IN THE 2010 COST OF EDUCATION STUDY AS FOLLOWS:

(b)

Notwithstanding components specified in the 2010 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:

(ii)

Class size:
16
f
or grades Kindergarten through
5

3
;
17 for
grades 4 through 5 for

school years 2018
‑
2019 through 2020
‑
2021 and 18 for
school year 2021
‑
2022 and
each sc
hool year
t
hereafter
;
21
F
or grades 6 through 12
, 22 for school year
2018
‑
2019
, 23 for school year
s

2019
‑
2020 and
2020
‑
2021 and 24 for school year 2021
‑
2022 and each school year thereafter
.

(iii)

Core teachers: Elementary school ADM

divided by
16

class size as provided by
paragraph (b)(ii) of this Attachment A
;
Middle school ADM divided by
21

class size as provided by paragraph (b)(ii) of this Attachment A
;
High school ADM divided by
21
class size as provided by paragraph (b)(ii) of this Attachment A
.

(xxxiii)

Maintenance and operations: Based on ADM, gross square footage, number of buildings and classrooms,
and
age of buildings
and site acreage

for custodians
,

and
maintenance workers
,

and groundskeepers,
computed in accordance with the 2010 cost of education study. Any building without allowable gross square footage for purposes of major maintenance computations under W.S. 21
‑
15
‑
109 shall use the actual educational gross square footage as approved by the school facilities commission.
Groundskeeper FTE computations
for elementary, middle and high schools shall be computed in accordance with the 2010 cost of education study, subject to the following.
E
lementary, middle and high school
site acreage
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. Acreages acquired on or prior to July 1, 1997, and 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, shall not be subject to
groundskeeper FTE computation
l
imitations.
Groundskeeper FTE computations for district level sites shall be equal to 10% of the groundskeeper FTEs for elementary, middle and high schools
.

(xxxviii)

Benefits:
21.10%

8.41%
plus hea
lth as computed under W.S. 21
‑
13
‑
309(m)(v)(F)

and retirement as computed under W.S. 21
‑
13
‑
309(m)(v)(H)
.

Section 3
.

2011 Wyoming Session Laws, Chapter 185, ATTACHMENT "A" (b)(xxviii), as amended by 2017 Wyoming
Session Laws, Chapter 205, ATTACHMENT "A" (b)(xxviii) is repealed.

Section
4
.

For school year 2018-2019 and each school year thereafter through the next recalibration of the education resource block grant model pursuant to W.S. 21-13-309(t), the foundation program amount computed under W.S. 21-13-309(p) for a school district with fewer than two hundred forty three (243) ADM, less amounts reimbursed under W.S. 21-13-309(m)(v)(E), shall not be less than ninety-
seven and one-half percent
(9
7.
5%) of the foundation program amount available to that school district during previous school year, as computed under W.S. 21-13-309(p) prior to the addition of reimbursement amounts for that school year. To the extent necessary to implement this section, this section shall supersede W.S. 21-13-309(p).

Section
5
.

(a)

The department of education shall review state statutes relating to special education and school district transportation and its rules relating to special education and transportation for any possible fiscal efficiencies. On
or before June 1, 2018, the department of education shall report its initial findings and recommendations to the joint education interim committee. On or before September 1, 2018, the department shall report its final findings and recommendations to the joint education interim committee. The department shall use the recommendations of the legislature's
2017
recalibration consultant to guide its review.

(b)

On or before January 1, 2019, the state superintendent of public instruction shall establish statewide guidelines for adequate special education staffing levels as required by W.S. 21
‑
2
‑
202(a)(xxiii). The statewide special education staffing guidelines shall be made effective for the 2019
‑
2020 school year.

(c)

Not later than August 1, 2018, each school district of the state shall report to the department of education a five (5) year historical accounting of any school district capital improvements reserve fund established pursuant to W.S. 16-4-105(b) or special reserve fund established pursuant to W.S. 21-13-504. School districts shall provide the department with information
regarding deposits to each fund and expenditures from each fund. Each district shall provide the department with the district's purposes for the monies within each fund. The department shall compile these reports and transmit the reports to the joint education interim committee, the joint revenue interim committee and the joint appropriations committee by September 1, 2018. By June 1, 2018, the department shall develop appropriate forms for school districts to use when reporting to the department in accordance with this subsection.

(d)

Not later than August 1, 2018 each school district shall report to the department of education a five (5) year historical accounting of amounts
actually expended
on health insurance and retirement by the school district. The reports shall include the number of employees enrolled, the types of plans employees are enrolled in, the deductible amounts being used, the share paid by the school district and any other information required by the department to determine the actual costs of those programs. The department shall compile these reports and transmit the reports to the joint education interim committee by September 1, 2018. By June 1, 2018 the department shall
develop the appropriate forms for school districts to use when reporting to the department in accordance with this subsection

Section
6
.

(a)

Except as provided in subsection (b) of this section, t
his act is effective July 1, 2018.

(b)

Section
5
of this 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)

1
SF0117