AN ACT relating to K-12 school facility leasing; modifying leasing agreements; modifying the duties of the state construction department as specified; modifying use of school district facilities by charter schools as specified; requiring approval for major maintenance expenditures on leased facilities; requiring separate accounting; requiring reporting; and providing for an effective date.
EducationHousing
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Senator Rothfuss
Last action
2023-03-09
Official status
enrolled
Effective date
3/9/2023
Plain English Breakdown
The effectiveness of requiring reviews for space availability may depend on cooperation between public schools and charter schools.
Rules for K-12 School Facility Leasing
This law sets rules for how school districts and charter schools lease facilities, including requirements for major maintenance expenses and separate accounting.
What This Bill Does
Requires school districts and charter schools to separately identify and account for the amount to be expended on major maintenance of leased buildings or facilities.
Requires approval by the district or charter school prior to spending funds allocated for major maintenance.
Allows the State Construction Department to review if expenses for major maintenance are reasonable when requested by a school district or charter school.
Requires the State Construction Department to check whether there is enough space in public schools for charter schools to operate.
Clarifies that school districts cannot charge charter schools rent for space deemed available and adequate by the State Construction Department.
Who It Names or Affects
K-12 public school districts
Charter schools
The State Construction Department
Terms To Know
Major maintenance
Important repairs or improvements to a building that are needed to keep it in good condition.
Leased facilities
Buildings or spaces rented by school districts or charter schools for educational purposes.
Limits and Unknowns
The law does not specify what happens if a district or charter school disagrees with the State Construction Department's review of major maintenance expenses.
It is unclear how the separate accounting requirement will be enforced and monitored.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment modifies leasing agreements and changes responsibilities related to school district facilities used by charter schools.
Adds new duties for the state construction department regarding charter schools' use of school district facilities.
Changes 'state construction department' to 'school facilities commission'.
Specifies that a charter school does not have to pay rent if space is deemed available and adequate in school district facilities by the state construction department.
Requires the state construction department to review requests from charter schools for space within their applicable districts.
The amendment text does not provide details on how these changes will be implemented or enforced.
Plain English: The amendment adds a requirement that districts or charter schools can ask the school facilities division of the state construction department to review and confirm if major maintenance expenses for leased facilities are reasonable.
Districts or charter schools may now request the school facilities division to review major maintenance costs on leased facilities.
The amendment does not specify what qualifies as 'major maintenance' or how the state construction department will determine reasonableness.
Bill History
2023-03-09LSO
Assigned Chapter Number 166
2023-03-09Governor
Governor Signed SEA No. 0077
2023-03-01House
H Speaker Signed SEA No. 0077
2023-03-01Senate
S President Signed SEA No. 0077
2023-02-28LSO
Assigned Number SEA No. 0077
2023-02-28Senate
S Concur:Passed 31-0-0-0-0
2023-02-28Senate
S Received for Concurrence
2023-02-28House
H 3rd Reading:Passed 58-0-4-0-0
2023-02-27House
H 2nd Reading:Passed
2023-02-24House
H COW:Passed
2023-02-22House
H Placed on General File
2023-02-22House
H04 - Education:Recommend Amend and Do Pass 8-0-1-0-0
2023-02-10House
H Introduced and Referred to H04 - Education
2023-01-19House
H Received for Introduction
2023-01-19Senate
S 3rd Reading:Passed 31-0-0-0-0
2023-01-18Senate
S 2nd Reading:Passed
2023-01-17Senate
S COW:Passed
2023-01-16Senate
S Placed on General File
2023-01-16Senate
S04 - Education:Recommend Do Pass 5-0-0-0-0
2023-01-12Senate
S Introduced and Referred to S04 - Education
2023-01-10Senate
S Received for Introduction
2023-01-09LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 23LSO-0152
Bill No.:
SF0083
Effective:
Immediately
LSO No.:
23LSO-0152
Enrolled Act No.:
SEA No. 0077
Chapter No.:
166
Prime Sponsor:
Rothfuss
Catch Title:
K-12 school facility leasing.
Subject:
K-12 school facility leasing.
Summary/Major Elements:
This act requires K-12 public school districts and charter schools separately identify, and account for, the amount to be expended on major maintenance for any facility or building leased by a school district or a charter school. This act requires approval by the school district or the charter school prior to the expenditure of funds allocated for major maintenance.
This act authorizes the State Construction Department to review the reasonableness of any expenditure for the major maintenance of leased space at the request of a school district or a charter school.
This act requires the State Construction Department to review requests submitted by charter schools to determine whether space exists within the applicable school district for operation of the charter school.
This act clarifies that school districts may not charge charter schools for any space that is deemed available and adequate by the State Construction Department.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.
While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
23LSO-0152
ORIGINAL Senate
ENGROSSED
File No
.
SF0083
ENROLLED ACT NO. 77,
SENATE
SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session
AN ACT relating to K-12 school facility leasing; modifying leasing agreements; modifying the duties of the state construction department as specified; modifying use of school district facilities by charter schools as specified; requiring approval for major maintenance expenditures on leased facilities; requiring separate accounting; requiring reporting; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 21
‑
3
‑
110(a)(x)(intro), 21
‑
3
‑
304(k) and 21
‑
15
‑
123(f) by creating a new paragraph (ix) are amended to read:
21
‑
3
‑
110.
Duties of boards of trustees.
(a)
The board of trustees in each school district shall:
(x)
Subject to review by the
state construction department
school facilities commission
under W.S. 21
‑
15
‑
117 for any project involving state capital construction assistance, fix the site of each school building and facility considering the needs of the people of each portion of the district.
If the district enters into an agreement to lease buildings and facilities owned by the district and the buildings and facilities are included within the statewide database maintained by the state construction department under W.S. 21
‑
15
‑
123(f)(iv), the district shall, except as provided under W.S. 21
‑
15
‑
109(c)(i)(A)(II) and (III) and (B), ensure the lease agreement requires sufficient payment from the lessee to cover expenses necessary to adequately maintain the facility or building in accordance with statewide adequacy standards prescribed by the commission.
If the district or a charter school operating within the boundaries of the district enters into an agreement to lease buildings and facilities under which the district or the charter school is the lessee and the building is to be used for the provision of the required educational program within the district, the lease agreement shall require the lessor to adequately maintain the buildings and facilities in accordance with standards prescribed by the commission.
The lease agreement shall separately identify the amount to be expended on the major maintenance of the building or facility during the term of the lease. The amount of the total lease agreement to be expended on the major maintenance shall be accounted for and reported separately and shall not be transferred or expended for any purpose other than major maintenance of the leased building or facility. No expenditure shall be made from the funds dedicated for major maintenance of a leased facility without the approval of the district or the charter school. A district or charter school may request review of the amount to be expended on major maintenance for a lease by the school facilities division of the state construction department to determine the reasonableness of the major maintenance expense.
The district shall be reimbursed for the lease payment of the district or the charter school if the square footage of the leased facility is not included within the district's total square footage for purposes of major maintenance computations under W.S. 21
‑
15
‑
109, subject to the following:
21
‑
3
‑
304.
Charter school; requirements; authority.
(k)
Except as provided in subsection (j) of this section, a charter school shall not be required to pay rent for space which is deemed available
, as negotiated by contract, in school district facilities
and adequate by the state construction department within the applicable district for operation of the charter school
. All other costs for the improvement, modification, operation and maintenance of school district facilities used by the charter school shall be subject to negotiation between the charter school and the district board.
21
‑
15
‑
123.
State construction department; duties and authority relating to school facilities.
(f)
The state construction department shall:
(ix)
Review requests submitted by charter schools pursuant to W.S. 21
‑
3
‑
110(a)(x) and 21
‑
3
‑
304(k) to determine whether space exists within the applicable district for operation of the charter school that is available and adequate.
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)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
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