School district reorganization.

21LSO-0281
2021
STATE OF WYOMING
21LSO-0281
Numbered
2.0

HOUSE BILL NO. HB0077

School district reorganization.

Sponsored by: Representative(s) Zwonitzer, Brown, Gray, MacGuire, Stith and Wilson and Senator(s) Furphy and Hutchings

A BILL

for

AN ACT relating to school district reorganization; providing for the reorganization of school districts as specified; establishing a planning committee; imposing a consolidation planning process; providing for consolidation in the absence of a plan by the planning committee; imposing duties on the state board of education; providing reporting requirements; and providing for an effective date.

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

Section 1.

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

ARTICLE 3
SCHOOL DISTRICT REORGANIZATION

21
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6
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301.

Definitions.

(a)

As used in this article:

(i)

"Plan of consolidation" means a plan which would place all the territory of the state into one (1) of not more than twenty
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four (24) unified school districts within the state;

(ii)

"Planning committee" means the committee of school district representatives as provided in W.S. 21
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6
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302;

(iii)

"State board" or "board" means the state board of education;

(iv)

"State committee" means the joint corporations, elections and political subdivisions interim
committee or another standing committee that is designated by the legislature to conduct redistricting efforts during the 2021 interim if that is not the joint corporations, elections and political subdivisions interim committee;

(v)

"Unified school district" means a district supporting at least kindergarten or grade one (1) through grade twelve (12) under the control of one (1) board of trustees and administered by one (1) superintendent of schools, that offers an adequate and integrated educational program.

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6
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302.

Planning committee; membership; duties.

(a)

Not later than July 1, 2021, the board of trustees of each school district within the state shall elect one (1) registered voter from the school district to be a member of the planning committee to recommend the consolidation of the school districts within the state into not more than twenty
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four (24) unified school districts under this article. No member appointed under this
subsection shall be a current or former employee of the school district.

(b)

The chairman of the state board or his designee shall be an ex officio member of the planning committee without voting privileges and shall act as chairman of the committee for purposes of organizing the planning committee until the planning committee selects a chairman and vice chairman at its first meeting.

(c)

The planning committee shall:

(i)

Prepare and submit to the state committee and the state board before September 1, 2022, 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 state, to be effective July 1, 2023. The plan shall place all territory of the state into one (1) of not more than twenty
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four (24) school districts across the state. The plan may provide that school district boundaries may cross county boundaries and may provide for less than one (1)
district per county to the extent deemed beneficial by the planning committee;

(ii)

Hold at least one (1) public hearing in each county where citizens of the county may provide public comment on the proposal for the reorganization plan. Notice of the public 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. Notwithstanding any law to the contrary, the hearing shall be conducted by means allowing members of the planning committee and members of the public to participate through electronic means. The notice shall contain a statement of how to participate in the hearing and a brief summary of its purpose. 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 in the state;

(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;

(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 including consideration of continuing contract teachers under the Wyoming Teacher Employment Law and consideration of impacts to student transportation under the proposed plan for the organization of the reorganized districts, 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;

(E)

The number of trustees and the manner of trustee selection for unified school districts under this article;

(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 state. The report shall include recommendations to minimize the impact of reorganization on the availability of federal revenue;

(H)

Any modifications to state statute necessary to implement the plan;

(J)

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

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303.

Powers and duties of the state board of education.

(a)

The state board shall aid the planning committee in carrying out this article by furnishing department of education staff assistance as authorized by the state superintendent. The board shall provide plans of procedure, standards, data, maps and other information and services to the planning committee as necessary to carry out the purposes of this article.

(b)

The state board may appoint a representative to the planning committee from among the registered voters within the district for any school district which has not appointed a member as required under W.S. 21
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6
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302(a) by September 1, 2021.

(c)

If the planning committee has not submitted a plan of consolidation under W.S. 21
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6
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302 by October 1, 2022, the board shall submit a plan to the state committee for the reorganization of the school districts into one (1) district per county plus one (1) district for the Wind
River Indian Reservation. The plan shall conform to the criteria and procedures specified under W.S. 21
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302 and shall provide for implementation on July 1, 2023.

(d)

Within sixty (60) days of the date of receipt of a plan under W.S. 21
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302, the state board shall review the submitted plan for reorganization and approve or reject the submitted plan with reasons for rejection and recommendations for making the plan acceptable. The plan shall be rejected only if it fails to comply with the provisions of this article. If a plan is rejected, the planning committee may resubmit a modified plan as often as necessary. Upon plan approval under this subsection or upon its own plan developed under subsection (c) of this section, the state board shall:

(i)

Not later than November 1, 2022, provide a copy of the plan to the state committee highlighting any modifications to state statute necessary to implement the plan. The plan under this section may be contingent on the legislature making the necessary modifications;

(ii)

Make an order establishing the reorganized school districts according to the approved plan of organization, effective July 1, 2023, provided that the effective date may be contingent on statutory modifications as provided in paragraph (i) of this subsection. The order under this paragraph shall be the final administrative determination and shall be filed with the county clerk of each county prior to July 1, 2023. The final administrative action of the state board shall be appealable from the date of filing with the county clerk.

Section 2.

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)

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HB0077