School finance-funding model revisions.

21LSO-0605
2021
STATE OF WYOMING
21LSO-0605
Numbered
2.0

HOUSE BILL NO. HB0184

School finance-funding model revisions.

Sponsored by: Representative(s) Connolly and Senator(s) Rothfuss

A BILL

for

AN ACT relating to school finance; implementing recalibration modifications to the Wyoming education resource block grant model; providing for preschool funding; providing for reorganization of school districts; codifying previously uncodified law; amending related provisions; repealing conflicting provisions; providing an appropriation; requiring a report; and providing for an effective date.

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

Section 1.

W.S. 21
‑
13
‑
309.1 is created to read:

21
‑
13
‑
309.1.

Education resource block grant model components.

(a)

This section is intended to specify the education resource block grant model components and computations necessary to execute the 2020 cost of education study as required by W.S. 21
‑
13
‑
309(t) and as adopted and modified by the legislature.

(b)

As used in this section:

(i)

"Block grant model components" includes the following categories:

(A)

The educational materials category of model components which includes the following:

(I)

The books and instructional materials component resourced under paragraph (c)(xxiv) of this section;

(II)

The gifted and talented students component resourced under paragraph (c)(xxvi) of this section;

(III)

The career and technical education equipment and materials component resourced under paragraph (c)(xxvii) of this section;

(IV)

The student activities component resourced under paragraph (c)(xxviii) of this section;

(V)

The professional development component resourced under paragraph (c)(xxix) of this section;

(VI)

The central office
nonpersonnel
resources component resourced under paragraph (c)(xxxii) of this section;

(VII)

The maintenance and operations supplies component resourced under paragraph (c)(xxxiv) of this section.

(B)

The energy category of model components which includes the utilities component resourced under paragraph (c)(xxxv) of this section;

(C)

The nonprofessional labor category of model components which includes supervisory aides, library aides, central office classified staff, school secretaries, school clerical staff, maintenance workers, groundskeepers and custodians resourced under paragraph (c)(xl) of this section;

(D)

The professional labor category of model

components which includes teachers, principals, assistant principals, superintendents, assistant superintendents, business managers and school computer technicians resourced under paragraph (c)(xl) of this section.

(ii)

"FTE" means the full-time equivalency basis as computed in accordance with guidelines prescribed by rule and regulation of the department of education;

(iii)

"Grade band" means a school grade configuration that falls within one (1) of the following configurations:

(A)

An elementary school grade band that includes grades kindergarten through grade six (6) or any combination of those grades;

(B)

A middle school grade band that includes grade five (5) through grade eight (8) or grade six (6) through grade nine (9) or any combination of grades within those ranges;

(C)

A high school grade band that includes grade eight (8) through grade twelve (12) or any combination of those grades.

(c)

The Wyoming education resource block grant model components and the resourcing for those components shall be as follows:

(i)

Full day kindergarten. Funded for all elementary schools;

(ii)

Core teachers for schools with ADM greater than forty
‑
nine (49):

(A)

Elementary school. Calculated as ADM divided by sixteen (16);

(B)

Middle school. Calculated as ADM divided by twenty
‑
one (21);

(C)

High school. Calculated as ADM divided by twenty
‑
one (21).

(iii)

Specialist teachers for schools with more than forty
‑
nine (49) ADM:

(A)

Elementary school specialist teachers shall be calculated as twenty percent (20%) of the core teachers in subparagraph (ii)(A) of this subsection;

(B)

Middle school specialist teachers shall be calculated as twenty percent (20%) of the core teachers in subparagraph (ii)(B) of this subsection;

(C)

High school specialist teachers shall be calculated as thirty
‑
three and one
‑
third percent
(33

1/3%) of the core teachers in subparagraph (ii)(C) of this subsection.

(iv)

Small school core staff. For schools with forty
‑
nine (49) or less ADM, provide one (1) teacher position for every seven (7) ADM, calculated as total school ADM divided by seven (7). Each school shall receive a minimum of one (1) teacher position under this paragraph;

(v)

Minimum teachers:

(A)

The minimum number of teachers for any elementary school or middle school with more than forty
‑
nine (49) ADM is seven (7), as calculated by increasing the sum of the core teachers in paragraph (ii) of this subsection and specialist teachers in paragraph (iii) of this subsection to seven (7). The minimum number of teachers for any high school with more than forty
‑
nine (49) ADM is nine (9), as calculated by increasing the sum of the core teachers in paragraph (ii) of this subsection and specialist teachers in paragraph (iii) of this subsection to nine (9). The minimum number of teachers under this subparagraph shall be provided for each
elementary school, middle school and high school grade band level for a school that contains more than one (1) grade band and the grade band is more than forty
‑
nine (49) ADM;

(B)

The minimum number of teachers for any school with more than forty
‑
nine (49) ADM, more than one (1) grade band level and at least one (1) grade band level with forty
‑
nine (49) ADM or less shall be calculated as follows:

(I)

For each grade band level with forty
‑
nine (49) ADM or less, the minimum number of teachers shall be calculated by increasing the sum of the core teachers in paragraph (ii) of this subsection and specialist teachers in paragraph (iii) of this subsection to seven (7);

(II)

For each grade band level with more than forty
‑
nine (49) ADM, the minimum number of teachers shall be calculated as provided in subparagraph (A) of this paragraph.

(vi)

Instructional coaches:

(A)

Elementary school instructional coaches shall be calculated as the product of the school's ADM multiplied by one and five
‑
tenths (1.5) divided by two hundred eighty
‑
eight (288) for schools with more than forty
‑
nine (49) ADM;

(B)

Middle and high school instructional coaches shall be calculated as the product of the school's ADM multiplied by one and five
‑
tenths (1.5) divided by three hundred fifteen (315) for schools with more than forty
‑
nine (49) ADM;

(C)

For schools containing more than one grade band and more than forty
‑
nine (49) ADM, instructional coaches shall be calculated as the product of the school's total ADM multiplied by one and five
‑
tenths (1.5) divided by three hundred fifteen (315);

(D)

Each school district shall receive a minimum of one (1) instructional coach position if the total of FTE positions in subparagraphs (A) through (C) of
this paragraph for schools in the district is less than one (1);

(E)

Funding for this component shall be calculated as a component of the
Wyoming education resource block grant model
but shall be provided as a categorical grant outside of the block grant and shall not be expended for any other purpose pursuant to rule and regulation of the department.

(vii)

Core tutors:

(A)

Elementary school core tutors shall be calculated as ADM divided by two hundred eighty
‑
eight (288) for schools with ADM greater than forty
‑
nine (49);

(B)

Middle and high school core tutors shall be calculated as ADM divided by three hundred fifteen (315) for schools with ADM greater than forty
‑
nine (49);

(C)

For schools containing more than one (1) grade band and more than forty
‑
nine (49) ADM, core
tutors shall be calculated as the school's total ADM divided by three hundred fifteen (315).

(viii)

At
‑
risk tutors. Calculated as the school's at
‑
risk students computed under W.S. 21
‑
13
‑
309(m)(v)(A) divided by one hundred twenty
‑
five (125);

(ix)

English language learner teachers. Calculated as the school's limited English proficiency students identified under W.S. 21
‑
13
‑
309(m)(v)(A) divided by one hundred (100);

(x)

Extended day teachers. Calculated as the school's at
‑
risk students computed under W.S. 21
‑
13
‑
309(m)(v)(A) divided by one hundred twenty (120). Funding for this component shall be calculated as a component of the
Wyoming education resource block grant model
but shall be provided as a categorical grant outside of the block grant and shall not be expended for any other purpose pursuant to rule and regulation of the department;

(xi)

Summer school teachers. Calculated as the school's at
‑
risk students computed under W.S. 21
‑
13
‑
309(m)(v)(A) divided by one hundred twenty (120). Funding for this component shall be calculated as a component of the
Wyoming education resource block grant model
but shall be provided as a categorical grant outside of the block grant and shall not be expended for any other purpose pursuant to rule and regulation of the department;

(xii)

Substitute teachers:

(A)

For schools with more than forty
‑
nine (49) ADM, calculated as the product of five and seven hundred fifteen thousandths percent (5.715%) multiplied by the sum of FTE positions calculated in paragraphs (ii) through (xi) of this subsection;

(B)

The daily substitute rate shall be equal to the product of one hundred twenty dollars ($120.00) multiplied by seven and sixty
‑
five hundredths percent (7.65%) for social security and Medicaid benefits, as adjusted by the regional cost adjustment for each school district in paragraph (xxxix) of this subsection;

(C)

Total substitute teacher resources under this paragraph shall be equal to the product of one hundred seventy
‑
five (175) multiplied by the product calculated in subparagraph (A) of this paragraph multiplied by the product calculated in subparagraph (B) of this paragraph.

(xiii)

Supervisory aides:

(A)

Elementary school supervisory aides shall be calculated as the product of the school's ADM multiplied by two (2) then divided by two hundred eighty
‑
eight (288) for schools with more than forty
‑
nine (49) ADM;

(B)

Middle school supervisory aides shall be calculated as the product of the school's ADM multiplied by two (2) then divided by three hundred fifteen (315) for schools with more than forty
‑
nine (49) ADM;

(C)

High school supervisory aides shall be calculated as the product of the school's ADM multiplied by
three (3) then divided by three hundred fifteen (315) for schools with more than forty
‑
nine (49) ADM;

(D)

For schools with more than forty
‑
nine (49) ADM and containing an elementary school grade band and a middle school grade band but not a high school grade band, supervisory aide positions shall be calculated based upon the formula in subparagraph (B) of this paragraph using the total school ADM. For schools with more than forty
‑
nine (49) ADM and containing a high school grade band and either an elementary school grade band or a middle school grade band or both, supervisory aide positions shall be calculated based upon the formula in subparagraph (C) of this paragraph using the total school ADM.

(xiv)

At
‑
risk pupil support positions. Calculated as the school's at
‑
risk students computed under W.S. 21
‑
13
‑
309(m)(v)(A) divided by one hundred twenty
‑
five (125);

(xv)

Counselors:

(A)

Elementary school counselors shall be calculated as ADM divided by two hundred eighty
‑
eight (288) for schools with more than forty
‑
nine (49) ADM;

(B)

Middle and high school counselors shall be calculated as ADM divided by two hundred fifty (250) for schools with more than forty
‑
nine (49) ADM;

(C)

Each school district shall receive a minimum of one (1) counselor position if the total FTE positions in subparagraphs (A) and (B) of this paragraph is less than one (1).

(xvi)

Nurses:

(A)

Calculated as each district's ADM divided by seven hundred fifty (750);

(B)

Each school district shall receive a minimum of one
‑
half (0.5) nurse position if the total FTE positions in subparagraph (A) of this paragraph is less than one
‑
half (0.5).

(xvii)

Librarians:

(A)

Elementary schools with more than forty
‑
nine (49) ADM and less than ninety
‑
six (96) ADM, provide librarian positions by prorating one
‑
half (0.5) librarian position for ninety
‑
six (96) ADM down to no librarian positions for forty
‑
nine (49) ADM. For an elementary school with ADM of ninety
‑
six (96) or more up to one hundred forty
‑
three (143), provide one
‑
half (0.5) librarian position. For an elementary school with more than one hundred forty
‑
three (143) ADM, provide librarian positions by prorating one (1) librarian position at two hundred eighty
‑
eight (288) ADM down to one
‑
half (0.5) librarian position at one hundred forty
‑
three (143) ADM;

(B)

Middle schools and high schools with more than forty
‑
nine (49) ADM and less than one hundred five (105) ADM, provide librarian positions by prorating one
‑
half (0.5) librarian position for one hundred five (105) ADM down to no librarian positions for forty
‑
nine (49) ADM. For middle schools and high schools with ADM of one hundred five (105) or more up to one hundred fifty
‑
seven and one
‑
half (157.5), provide one
‑
half (0.5)
librarian position. For middle schools and high schools with more than one hundred fifty
‑
seven and one
‑
half (157.5) ADM, provide librarian positions by prorating one (1) librarian position at three hundred fifteen (315) ADM down to one
‑
half (0.5) librarian position at one hundred fifty
‑
seven and one
‑
half (157.5) ADM;

(C)

For schools containing more than one (1) grade band and more than forty
‑
nine (49) ADM, librarians shall be calculated using the formula in subparagraph (B) of this paragraph using the total school ADM.

(xviii)

Library aides:

(A)

Elementary schools with more than two hundred eighty
‑
eight (288) ADM up to five hundred seventy
‑
six (576) ADM, provide library aide positions by prorating one (1) library aide position for five hundred seventy
‑
six (576) ADM down to no library aide positions for two hundred eighty
‑
eight (288) ADM. For an elementary school with more than five hundred seventy
‑
six (576) ADM, provide an additional one (1) library aide position by
prorating a fractional additional position for every six hundred thirty (630) ADM over five hundred seventy
‑
six (576) ADM;

(B)

Middle schools and high schools with more than three hundred fifteen (315) ADM up to nine hundred forty
‑
five (945) ADM, provide library aide positions by prorating one (1) library aide position for nine hundred forty
‑
five (945) ADM down to no library aide positions for three hundred fifteen (315) ADM. For a middle school or high school with more than nine hundred forty
‑
five (945) ADM, provide an additional one (1) library aide position by prorating a fractional additional position for every six hundred thirty (630) ADM over nine hundred forty
‑
five (945) ADM.

(xix)

Computer technicians:

(A)

Calculated as each district's ADM divided by six hundred thirty (630);

(B)

Each school district shall receive a minimum of one
‑
half (0.5) computer technician position if
the total FTE positions in subparagraph (A) of this paragraph is less than one
‑
half (0.5).

(xx)

Principals. Provide one (1) principal position for elementary schools with ninety
‑
six (96) or more ADM. Provide one (1) principal position for middle schools and high schools with one hundred five (105) or more ADM. For schools containing more than one (1) grade band and one hundred five (105) or more ADM, provide one (1) principal position;

(xxi)

Assistant principals:

(A)

Prorate one (1) assistant principal position for every two hundred eighty
‑
eight (288) elementary school ADM over two hundred eighty
‑
eight (288) ADM. Provide one (1) assistant principal position for an elementary school with less than ninety
‑
six (96) ADM;

(B)

Prorate one (1) assistant principal position for every three hundred fifteen (315) middle school and high school ADM over three hundred fifteen (315) ADM. Provide one (1) assistant principal position for a
middle school or high school with less than one hundred five (105) ADM;

(C)

For schools containing more than one (1) grade band, prorate one (1) assistant principal position for every three hundred fifteen (315) ADM over three hundred fifteen (315) ADM. Provide one (1) assistant principal position for a school containing more than one (1) grade band with a total school ADM less than one hundred five (105) ADM.

(xxii)

Secretaries:

(A)

Elementary schools with more than forty
‑
nine (49) ADM and less than ninety
‑
six (96) ADM, provide secretary positions by prorating one (1) secretary position for nine
‑
six (96) ADM down to no secretary positions for forty
‑
nine (49) ADM. Elementary schools with more than nine
‑
six (96) ADM and up to two hundred eighty
‑
eight (288) ADM, provide one (1) secretary position. Provide an additional one (1) secretary position by prorating an additional position for every two hundred
eighty
‑
eight (288) elementary ADM above two hundred eighty
‑
eight (288) ADM;

(B)

Middle schools and high schools with more than forty
‑
nine (49) ADM and less than one hundred five (105) ADM, provide one (1) secretary position for one hundred five (105) ADM down to no secretary positions for forty
‑
nine (49) ADM. Middle schools and high schools with more than one hundred five (105) ADM and up to three hundred fifteen (315) ADM, provide one (1) secretary position. Provide an additional one (1) secretary position by prorating an additional position for every three hundred fifteen (315) middle school and high school ADM above three hundred fifteen (315) ADM;

(C)

For schools containing more than one (1) grade band and more than forty
‑
nine (49) ADM, secretary positions shall be calculated using the formula in subparagraph (B) of this paragraph using the total school ADM.

(xxiii)

Clerical positions:

(A)

Elementary schools with more than forty
‑
nine (49) ADM, provide clerical positions by prorating one (1) clerical position for every two hundred eighty
‑
eight (288) ADM down to no clerical positions for forty
‑
nine (49) ADM;

(B)

Middle schools with more than forty
‑
nine (49) ADM, provide clerical positions by prorating one (1) clerical position for every three hundred fifteen (315) ADM down to no clerical positions for forty
‑
nine (49) ADM;

(C)

High schools with more than forty
‑
nine (49) ADM, provide clerical positions by prorating two (2) clerical positions for every six hundred thirty (630) ADM down to no clerical positions for forty
‑
nine (49) ADM;

(D)

For schools with more than forty
‑
nine (49) ADM and containing an elementary school grade band and middle school grade band but not a high school grade band, clerical positions shall be calculated based upon the formula in subparagraph (B) of this paragraph using the total school ADM. For schools with more than forty
‑
nine
(49) ADM and containing a high school grade band and either an elementary school grade band or a middle school grade band or both, clerical positions shall be calculated based upon the formula in subparagraph (C) of this paragraph using the total school ADM.

(xxiv)

Books and instructional materials. Resources shall be calculated as the product of the school's ADM multiplied by two hundred ten dollars ($210.00);

(xxv)

Technology and equipment. Resources shall be calculated as the product of the school's ADM multiplied by two hundred fifty dollars ($250.00). This amount shall not be subject to any external cost adjustment applicable under W.S. 21
‑
13
‑
309(o);

(xxvi)

Gifted and talented students. Resources shall be calculated as the product of the school's ADM multiplied by forty dollars ($40.00);

(xxvii)

Career and technical education equipment and materials. Resources shall be calculated as the product
of each high school's FTE vocational education teachers reported under W.S. 21
‑
13
‑
309(m)(v)(D)(III) multiplied by ten thousand dollars ($10,000.00);

(xxviii)

Student activities:

(A)

Each school district shall have a student activities multiplier based upon the total school district ADM, computed as follows:

(I)

A multiplier of three (3) for total school district ADM of one hundred fifty (150) or less;

(II)

For school districts with total ADM of one hundred fifty (150) to five hundred (500), a multiplier of two and five-tenths (2.5) for total school district ADM of five hundred (500) ADM prorated up to three (3) for a school district with one hundred fifty (150) ADM;

(III)

For a school district with total ADM of five hundred (500) or more, a multiplier of one (1) for total school district ADM of two thousand (2,000) ADM
or more, prorated up to two and five-tenths (2.5) for a school district with five hundred (500) ADM.

(B)

Elementary school student activity resources shall be calculated as the product of the total district elementary school ADM multiplied by the district's student activities multiplier computed in subparagraph (A) of this paragraph, multiplied by twenty
‑
five dollars ($25.00);

(C)

Middle school student activity resources shall be calculated as the product of the total district middle school ADM multiplied by the district's student activities multiplier computed in subparagraph (A) of this paragraph, multiplied by three hundred twenty
‑
two dollars ($322.00);

(D)

High school student activity resources shall be calculated as the product of the total district high school ADM multiplied by the district's student activities multiplier computed in subparagraph (A) of this paragraph, multiplied by five hundred ninety
‑
nine dollars ($599.00).

(xxix)

Professional development. Resources shall be calculated as the product of the school's ADM multiplied by one hundred thirty dollars ($130.00);

(xxx)

Short cycle/interim assessments. Resources shall be calculated as the product of the school's ADM multiplied by twenty
‑
five dollars ($25.00). This amount shall not be subject to any external cost adjustment applicable under W.S. 21
‑
13
‑
309(o);

(xxxi)

Central office staff:

(A)

For school district ADM of five hundred (500) or less, two and one
‑
half (2.5) administrative positions and two (2) classified positions;

(B)

For school district ADM between five hundred (500) and one thousand (1,000), provide three (3) administrative positions and four (4) classified positions at one thousand (1,000) ADM, prorated down to two and one
‑
half (2.5) administrative positions and two (2) classified positions at five hundred (500) ADM;

(C)

For school district ADM between one thousand (1,000) and two thousand (2,000), provide four (4) administrative positions and eight (8) classified positions at two thousand (2,000) ADM, prorated down to three (3) administrative positions and four (4) classified positions at one thousand (1,000) ADM;

(D)

For school district ADM between two thousand (2,000) and four thousand (4,000), provide eight (8) administrative positions and sixteen (16) classified positions at four thousand (4,000) ADM, prorated down to four (4) administrative positions and eight (8) classified positions at two thousand (2,000) ADM;

(E)

For school district ADM between four thousand (4,000) and twelve thousand (12,000), provide twenty
‑
four (24) administrative positions and thirty
‑
nine (39) classified positions at twelve thousand (12,000) ADM, prorated down to eight (8) administrative positions and sixteen (16) classified positions at four thousand (4,000) ADM;

(F)

For a school district with ADM greater than twelve thousand (12,000), prorate twenty
‑
four (24) administrative positions for every twelve thousand (12,000) ADM and prorate thirty
‑
nine (39) classified positions for every twelve thousand (12,000) ADM.

(xxxii)

Central office
nonpersonnel
resources. Resources shall be calculated as the product of the school district ADM multiplied by four hundred dollars ($400.00);

(xxxiii)

Maintenance and operations. Resourced as follows:

(A)

For school buildings containing more than one (1) grade band level or school, the resources shall be generated at the highest grade band level using the total ADM in the building;

(B)

School custodians. For school buildings with more than forty
‑
nine (49) ADM, calculated using the average of the following four (4) factors specified under subdivisions (I) through (IV) of this subparagraph, plus an additional one
‑
half (0.5) FTE for middle or high schools:

(I)

One (1) custodian multiplied by the total of the number of teachers resourced under paragraphs (i) through (v) of this subsection divided by thirteen (13);

(II)

One (1) custodian multiplied by the result of the total school building ADM divided by three hundred twenty
‑
five (325);

(III)

One (1) custodian multiplied by the total of the number of classrooms in the building divided by thirteen (13);

(IV)

One (1) custodian multiplied by the result of the total allowable gross square footage of education space for the school building in accordance with W.S. 21
‑
13
‑
309(m)(v)(G)(II) divided by eighteen thousand (18,000).

(C)

District custodians. Calculated as the product of one (1) custodian position multiplied by ten percent (10%) of the total allowable gross square footage
of education space for all school buildings in the district in accordance with W.S. 21
‑
13
‑
309(m)(v)(G)(II) then divided by eighteen thousand (18,000);

(D)

Maintenance workers. A base FTE resourced using the average of the three (3) factors specified under subdivisions (I), (II) and (III) of this subparagraph plus the additional adjustments to the base FTE amount as provided in subdivision (IV) of this subparagraph:

(I)

One and one
‑
tenth (1.1) maintenance worker per school building;

(II)

One (1) maintenance worker multiplied by the total of the allowable gross square footage of education space for the school building in accordance with W.S. 21
‑
13
‑
309(m)(v)(G)(II) divided by sixty thousand (60,000), then multiplied by a factor of one and two-tenths (1.2);

(III)

One (1) maintenance worker multiplied by the total ADM for the school building divided
by one thousand (1,000), then multiplied by a factor of one and three
‑
tenths (1.3);

(IV)

The base FTE calculated under this subparagraph for each school building shall be adjusted as follows:

(1)

A school level adjustment for elementary schools equal to the product of the base FTE multiplied by a factor of eight
‑
tenths (0.8), for middle schools equal to the product of the base FTE multiplied by a factor of one (1) and for high schools equal to the product of the base FTE multiplied by a factor of two (2);

(2)

A building age adjustment for a school building that is less than ten (10) years old equal to the product of the base FTE multiplied by a factor of ninety
‑
five hundredths (0.95) and for a school building that is more than thirty (30) years old equal to the product of the base FTE multiplied by a factor of one and one
‑
tenth (1.1);

(3)

A small district adjustment for a school district with less than one thousand (1,000) ADM equal to the base FTE plus the adjustments under subdivisions (1) and (2) of this subdivision, then multiplied by a factor of one and one
‑
tenth (1.1).

(E)

Groundskeepers:

(I)

In making calculations under this subparagraph:

(1)

For school land acreage containing more than one (1) school building, the resources shall be generated at the highest applicable grade band level using the total ADM of all schools on the land acreage;

(2)

Acreage acquired by a district after July 1, 1997 shall be calculated using the lesser of the actual site acreage on which the school building is situated or the acreage specified in school facility commission guidelines, provided that this limitation shall not apply if the acreage was acquired
through an exchange with another governmental entity and the acreages involved in the exchange were originally acquired by the district and the governmental entity on or prior to July 1, 1997.

(II)

A base groundskeeper FTE shall be calculated for each school building site as the product of the allowable acreage computed for the site multiplied by ninety
‑
three (93) hours per acre divided by two thousand and eight (2,008) hours of work per year. The base groundskeeper FTE shall be adjusted by a factor equal to the base groundskeeper FTE multiplied by one and five
‑
tenths (1.5) for middle school sites and two and five
‑
tenths (2.5) for high school sites;

(III)

Groundskeeper FTE positions for district level sites shall be equal to ten percent (10%) of the school building groundskeeper FTE positions calculated under subdivision (II) of this subparagraph.

(xxxiv)

Operations and maintenance supplies. Resources shall be calculated for each district as the product of the allowable gross square footage of education
space for each school building in accordance with W.S. 21
‑
13
‑
309(m)(v)(G)(II) multiplied by a factor of one and one
‑
tenth (1.1) and then multiplied by seventy
‑
three cents ($0.73);

(xxxv)

Utilities. Actual school year 2018
‑
2019 expenditures by district excluding amounts reimbursed under W.S. 21
‑
13
‑
320 and 21
‑
13
‑
321. For additional school buildings added to district building inventories after school year 2020
‑
2021, one hundred percent (100%) of school year 2018
‑
2019 district average utility expenditures per gross square foot for district school buildings multiplied by the additional authorized educational square footage;

(xxxvi)

School adjustments:

(A)

For a school configured with grades kindergarten through six (K
‑
6), resource as an elementary school;

(B)

For a school configured with grades five through eight (5
‑
8), grades six through nine (6
‑
9) or
grades seven through nine (7
‑
9), resource as a middle school;

(C)

For a school configured with grades kindergarten through seven (K
‑
7), grades kindergarten through eight (K
‑
8) or grades kindergarten through nine (K
‑
9), resource grades kindergarten through five (K
‑
5) as an elementary school grade band for teacher resources and remaining grades and as a middle school grade band for teacher resources;

(D)

For a school configured with grades kindergarten through twelve (K
‑
12), resource grades kindergarten through five (K
‑
5) as an elementary school grade band for teacher resources, grades six through eight (6
‑
8) as a middle school grade band for teacher resources and the remaining grades and as a high school grade band for teacher resources;

(E)

For a school configured with grades six through twelve (6
‑
12) or grades seven through twelve (7
‑
12), resource grades six through eight (6
‑
8) as a middle
school grade band for teacher resources and the remaining grades as a high school grade band for teacher resources.

(xxxvii)

Average salaries:

(A)

Central office administrative positions:

(I)

Superintendent salary equal to one hundred thirty thousand four hundred dollars ($130,400.00);

(II)

Assistant superintendent salary equal to eighty percent (80%) of the superintendent salary calculated in subdivision (I) of this subparagraph;

(III)

Business manager salary equal to eighty
‑
five thousand two hundred forty dollars ($85,240.00).

(B)

Principal salaries shall be equal to one hundred two thousand dollars ($102,000.00);

(C)

Assistant principal salaries shall be equal to eighty
‑
four thousand nine hundred dollars ($84,900.00);

(D)

Teacher salaries under this subparagraph shall be provided for core teachers, specialist teachers, English language learner teachers, instructional coaches, tutors, summer school teachers, extended day teachers, counselors, pupil support positions, nurses and librarians. Teacher salaries shall be equal to sixty
‑
one thousand seven hundred dollars ($61,700.00);

(E)

Computer technician salaries shall be equal to fifty thousand five hundred dollars ($50,500.00);

(F)

Supervisory aide and library aide salaries shall be equal to twenty
‑
two thousand seven hundred dollars ($22,700.00);

(G)

School secretary salaries shall be equal to thirty
‑
three thousand six hundred dollars ($33,600.00);

(H)

School clerical salaries shall be equal to thirty
‑
one thousand nine hundred dollars ($31,900.00);

(J)

Central office classified position salaries shall be equal to forty
‑
four thousand one hundred dollars ($44,100.00);

(K)

Maintenance worker salaries shall be equal to forty
‑
four thousand three hundred dollars ($44,300.00);

(M)

Custodian and groundskeeper salaries shall be equal to thirty thousand one hundred dollars ($30,100.00).

(xxxviii)

Benefits. The average salary for each staffing category under paragraph (xxxvii) of this subsection shall be further adjusted as follows:

(A)

Increased by an amount equal to twenty
‑
one and thirteen hundredths percent (21.13%) of the average salary for:

(I)

Social security equaling six and two-tenths percent (6.2%) of the average salary as adjusted by the regional cost adjustment in paragraph (xxxix) of this subsection, provided that the salary shall not exceed the federal maximum earnings amount established by the social security administration as of January 1 of the immediately preceding school year;

(II)

Medicare equaling one and forty
‑
five hundredths percent (1.45%);

(III)

Worker's compensation equaling seven-tenths percent (0.7%);

(IV)

Unemployment insurance equaling nine-hundredths percent (0.09%);

(V)

Retirement equaling twelve and sixty
‑
nine hundredths percent (12.69%). The retirement amount contains employee contributions to the Wyoming retirement system of five and fifty
‑
seven hundredths percent (5.57%) and employer contributions to the Wyoming
retirement system of seven and twelve-hundredths percent (7.12%).

(B)

Each salary other than summer school teacher salaries and extended day teacher salaries shall be further adjusted by providing an amount for health insurance benefits as computed under W.S. 21
‑
13
‑
309(m)(v)(F).

(xxxix)

Regional cost adjustment. The average salary for each staffing category under paragraph (xxxvii) of this subsection shall be further adjusted by each district's regional cost adjustment determined under W.S. 21
‑
13
‑
309(m)(v)(C);

(xl)

External cost adjustment. Except as otherwise provided in this section, the block grant model components as provided in this subsection or any specified category of model components shall be subject to an external cost adjustment as adopted by the legislature pursuant to W.S. 21
‑
13
‑
309(o).

(d)

Preschool. In addition to the Wyoming education resource block grant model components under subsection (c) of this section, preschool shall be funded beginning in school year 2022
‑
2023 for students age four (4) and older. Funding shall be calculated as the product of the school's preschool ADM multiplied by fourteen thousand twenty
‑
four dollars ($14,024.00).

Section 2.

W.S. 21
‑
2
‑
204(b)(intro), 21
‑
13
‑
101(a)(xiv) and (c) and 21
‑
13
‑
309(m)(v)(intro), (C), (o) and (u) are amended to read:

21
‑
2
‑
204.

Wyoming Accountability in Education Act; statewide education accountability system created.

(b)

A statewide education accountability system shall be established by the state board through the department of education in accordance with this section, which implements the components of the education resource block grant model as defined by W.S. 21
‑
13
‑
101(a)(xiv) and as contained in
Attachment "A" as defined under W.S. 21
‑
13
‑
101(a)(xvii)
W.S. 21
‑
13
‑
309.1
.

The first phase of this system shall be a school
‑
based system that is based on student performance
as determined through multiple measures of school performance. The goals of the Wyoming Accountability in Education Act are to:

21
‑
13
‑
101.

Definitions.

(a)

As used in this chapter:

(xiv)

"Education resource block grant model" means the block grant model for Wyoming school finance contained within the enumeration of model components summarizing and executing
recommendations within
the
2010
2020
cost of education study as modified by the legislature and as
referenced in paragraph (xvii) of this subsection
provided in W.S. 21
‑
13
‑
309.1
. "Education resource block grant model" or "model" includes model spreadsheets updated with technical corrections, all of which are enacted into law, on file with the secretary of state and are maintained and made available for public inspection by the state superintendent under W.S. 21
‑
2
‑
202(e), and as may be subsequently modified by the legislature prior to future model recalibration required under W.S. 21
‑
13
‑
309(t);

(c)

The education resource block grant model as defined under paragraph (a)(xiv) of this section and as included in
"Attachment A" referenced in paragraph (a)(xvii) of this section
W.S. 21
‑
13
‑
309.1
, as each are enacted into law, and including any technical correction which may be implemented by rule and regulation of the state superintendent under W.S. 21
‑
2
‑
202(e), shall be filed with the secretary of state.

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)
21
‑
13
‑
309.1
. The following criteria shall be used by the state superintendent in the administration of the education resource block grant model:

(C)

Salaries for all school and district level staffing categories, including teachers, principals and assistant principals, central office administrators, secretarial and clerical staff, operations and maintenance staff and aides and
media
computer
technicians, shall be based upon average statewide salary levels calibrated under
"Attachment A"
W.S. 21
‑
13
‑
309.1
for each staffing category, adjusted under subsection (o) of this section
.
, including the experience, education and responsibility level as appropriate and as computed for each staffing category.

The statewide average for each staffing category shall be adjusted for each district based upon the district experience, education and responsibility level relative to the statewide average for that category.

District experience, education and responsibility level by appropriate staffing category shall be updated each year such that district adjustments reflect the prior school year staffing information.

The
district adjusted
average
salary for each staffing category shall be further adjusted for regional cost differences as measured by the
greater of

the hedonic wage index or the
Wyoming cost
‑
of
‑
living index

computed by the division of economic analysis, department of administration and information, with a minimum of one hundred (100) index value, as prescribed by the education resource block grant model. For purposes of the education resource block grant model, the version of the Wyoming cost
‑
of
‑
living index used by the division shall be based upon the unrecalibrated housing cost index weights unless otherwise determined by the legislature based upon recommendation of the joint education interim committee.

In addition, the version of the Wyoming cost
‑
of
‑
living index applied under this subparagraph for any school year shall be the average of the six (6) consecutive semi
‑
annual index reports completed by January 1 of the immediately preceding school year;

(o)

To the extent specifically provided by the legislature, and between periods of model recalibration required under subsection (t) of this section, the amount computed for each district under subsection (m) of this section shall be adjusted to provide for the effects of
inflation, excluding those amounts specified under subparagraphs (m)(v)(E) and (F) of this section and
the assessment component contained in paragraph (b)(xxviii) of "Attachment A" as referenced
as specified
in W.S.
21
‑
13
‑
101(a)(xvii)
21
‑
13
‑
309.1
. The adjustment under this subsection shall not be applied until the expiration of the school year immediately following the first school year of application of the recalibrated model, and shall be adjusted on a cumulative basis each school year thereafter and until the first school year of application of a subsequent model recalibration.

Following analysis of information reported under subsection (u) of this section, the joint appropriations interim committee shall submit a recommendation to the legislature and the governor not later than November 1 of each applicable year on an external cost adjustment for purposes of this subsection.

(u)

To ensure model components specified under the education resource block grant model defined under W.S. 21
‑
13
‑
101(a)(xiv), as enumerated and enacted by the legislature and included in
"Attachment A" referenced in
W.S.
21
‑
13
‑
101(a)(xvii)
21
‑
13
‑
309.1
, remain resourced at cost
‑
based levels between periods of model recalibration
required under subsection (t) of this section, and prior to adjustment for the effects of inflation for any school year under subsection (o) of this section, the joint education interim committee shall annually receive and review reports in accordance with this subsection and report to the joint appropriations interim committee as required by this subsection.

The legislative service office shall assemble information necessary to develop a model monitoring process and other reports for the committee using data maintained by the department of education and other state agencies.

For this purpose, the department shall annually update and compile information, in a format contained within reports provided during 2010 model recalibration, reported at the model component level, on school district allocation of model resources, as well as other information provided for purposes of developing and completing the 2010 cost of education studies.

Each year excluding the first school year of application of any model recalibration performed under subsection (t) of this section, the information and analysis assembled by the legislative service office under this subsection shall be reported to the joint education interim committee in sufficient time to allow committee review of and deliberation on the report and the submission
of recommendations to the joint appropriations interim committee by October 15 of the applicable school year.

Report recommendations shall be used by the joint appropriations interim committee in its determination of legislative recommendation on model adjustment under subsection (o) of this section.

Section 3.

W.S. 21
‑
13
‑
101(a)(xvii) is repealed.

Section 4.

2011 Wyoming Session Laws, Chapter 185, ATTACHMENT "A", 2012 Wyoming Session Laws, Chapter 99, Section 3, 2017 Wyoming Session Laws, Chapter 205, Sections 3 and 4 and 2018 Wyoming Session Laws, Chapter 137 Sections 2 and 3 are repealed.

Section 5.

(a)

Not later than July 1, 2022, the state board of education shall submit a plan to the joint education interim committee for the reorganization of Wyoming school districts to provide for one (1) district per county plus one (1) district for the Wind River Indian Reservation. The plan shall include 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. The plan shall provide for its implementation on July 1, 2023. The plan shall specify any modifications to state statute necessary to implement the plan and may recommend that no action be taken prior to or without appropriate statutory modifications.

(b)

The state board of education shall make an order establishing the reorganized school districts according to the plan of organization, effective July 1, 2023, provided that the effective date may be delayed pending any necessary statutory modifications as provided in subsection (a) of this section. The order under this subsection 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 6.

(a)

The department of education shall prepare a budget request to include preschool funding as provided in W.S. 21
‑
13
‑
309.1(d) as created by section 1 of this act. In developing a budget request under this subsection, the state superintendent shall consult with school districts and other stakeholders on the costs of implementing a preschool program for students age four (4) and older.

(b)

The school facilities division of the state construction department shall report not later than October 1, 2021 to the select committee on school facilities, joint education interim committee and joint appropriations committee on the impact to and capacity of school facilities to have preschool programs in existing buildings and the estimated cost if new facilities are required.

Section 7.

There is appropriated one hundred fifty
‑
seven million one hundred thousand dollars ($157,100,000.00) from the school foundation program account to the department of education for purposes of
sections 1 and 2 of this act. This appropriation shall not be transferred or expended for any other purpose.

Section 8.

This act is effective July 1, 2021.

(END)

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HB0184