Read the full stored bill text
24LSO-0266
2024
STATE OF WYOMING
24LSO-0266
Numbered
2.0
HOUSE BILL NO. HB0061
Fiscal accountability and transparency in education.
Sponsored by: Representative(s) Penn, Andrew, Bear, Haroldson, Heiner, Hornok, Jennings, Neiman, Ottman, Pendergraft, Trujillo and Ward and Senator(s) Hutchings and Laursen, D
A BILL
for
AN ACT relating to education; defining applicable terms; requiring reporting by school districts as specified; modifying contracting requirements for school districts as specified; modifying the duties of the department of education as specified; requiring parental or guardian permission prior to instruction as specified; prohibiting school districts from requiring school district personnel and students to use a student's preferred pronouns if the pronoun does not align with the student's biological sex; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 21
‑
3
‑
135 is created to read:
21
‑
3
‑
135.
Fiscal accountability and transparency in education.
(a)
As used in this section:
(i)
"Covered program" means any program implemented by a school district that directly or indirectly addresses any the following concepts:
(A)
Diversity, equity or inclusion or DEI;
(B)
Political or social activism;
(C)
Social issues.
(ii)
"Department" means the state department of education as created by W.S. 21
‑
2
‑
104;
(iii)
"Diversity, equity or inclusion" or "DEI" means any program, activity or policy that promotes differential or preferential treatment of individuals or classifies such individuals on the basis of race, color, sex, national origin, gender identity or sexual orientation;
(iv)
"Political or social activism" means any activity organized with a purpose of effecting or preventing
change to a government policy, action or function or any activity intended to achieve a desired result related to social issues, where the school district endorses or promotes a position in school district communications, advertisements, programs or activities. "Political or social activism" does not include authorized government relations and lobbying activities of the school district concerning matters that directly affect the operation of the school district or direct
‑
support organizations of the school district;
(v)
"School district" means each school district organized pursuant to W.S. 21
‑
3
‑
101, et seq.;
(vi)
"Social issues" means topics that polarize or divide society among political, ideological, moral or religious beliefs, positions or norms.
(b)
Not later than August 30 each year, each school district shall submit an itemized report to the department of any public funds expended to implement, deliver or support a covered program in any public school within the school district for the immediately preceding school year. The report shall be in the manner and form prescribed by the department. The report shall at minimum include the following:
(i)
The number, job description and salaries of employees whose duties or job function relate to the implementation, delivery or support of a covered program;
(ii)
The total budget amount allocated or expended by the school district to implement, deliver or support covered programs;
(iii)
Individual amounts allocated or expended by the school district to implement, deliver or support a covered program;
(iv)
The number of trainings, courses, classes and professional development sessions for school district employees that in any manner relate to a covered program;
(v)
The number of trainings, courses and classes for students that in any manner relate to a covered program;
(vi)
The number of students disciplined, counseled or involved in any remedial action related to the implementation, delivery, support or improvement of a covered program.
(c)
Not later than August 30 each year, each school district shall submit to the department the following information in the manner and form prescribed by department:
(i)
A copy of any policy that exists or is adopted by the school district to maintain, address or improve a covered program;
(ii)
A copy of the student and employee handbooks, including identification of the following:
(A)
Enforcement provisions related to school district policies involving covered programs;
(B)
Penalties or disciplinary measures that may be imposed for failure to comply with the school district's policies related to a covered program;
(C)
Due process policies or requirements associated with imposition of penalties or disciplinary actions for failure to comply with the school district's policies related to a covered program;
(D)
The process for school district employees to withdraw or opt out of voluntary or mandatory classes, lessons, trainings, educational activities or any program or activity involving a covered program.
(iii)
A copy of the process and procedures utilized to comply with the permission requirements contained in subsection (h) of this section;
(iv)
A copy of the policy utilized to comply with the requirements contained in subsection (k) of this section;
(v)
A copy of any contracts or written agreements the school district executes to provide professional development, training, classes, lessons, educational activities or any program or activity involving covered programs, including identification of the amount expended for each agreement;
(vi)
A copy of any contract or written agreement the school district executed to perform any evaluation, analysis or audit involving a covered program, including agreements to assess, create or develop a covered program. The school district shall include all supporting documentation related to such contracts or written agreements, including but not limited to procurement documents, bids, proposals and reports or work products generated as a result of the agreements. The report shall
separately identify amounts expended under each contract or written agreement required to be reported under this paragraph.
(d)
The department shall ensure information reported pursuant to subsections (b) and (c) of this section is publicly accessible on the department's website. The information shall be searchable by school district.
(e)
Each school district shall ensure information reported pursuant to subsections (b) and (c) of this section is publicly accessible on the school district's website.
(f)
Notwithstanding any other provision of law, each school district shall comply with the requirements of W.S. 9
‑
2
‑
3204 in the procurement of services or supplies to perform any evaluation, analysis or audit involving a covered program, including but not limited to agreements to assess, create or develop a covered program. Notwithstanding any other provision of law, contracts or written agreements executed under this section and any associated work products, reports or evaluations produced as a result of such contracts or written agreements shall be made publicly available on each school district's website. Contracts or written agreements executed under this subsection shall require:
(i)
The contractor to present any work product or reports in performance of obligations under the contract or written agreement during a public meeting of the school district board of trustees with the opportunity for members of the public to pose questions and obtain information related to the work;
(ii)
Measurable deliverables and periodic benchmarks to evaluate the effectiveness of the school district and the contractor in completion of the required tasks;
(iii)
Evaluation of the progress of the school district and the contractor in meeting the measurable deliverables and periodic benchmarks including a statement whether the failure of the school district or the contractor to perform tasks under the contract resulted in discrimination of students.
(g)
Implementation of recommendations, findings or suggested plans or action in response to a contract executed under subsection (f) shall require a majority vote of the board of trustees.
(h)
Each school district shall obtain permission from each student's parent or legal guardian prior to the student participating or receiving instruction in any trainings, courses or classes that address a covered program. Written and electronic notice shall be given to parents and legal guardians not less than fourteen (14) calendar days prior to the student's participation or receipt of instruction in any trainings, courses or classes that address a covered program. Parents and guardians may provide permission for the student to participate or receive instruction in any trainings, courses or classes that address a covered program. No student shall participate or receive instruction in any trainings, courses or classes that address a covered program without written or electronic permission by the student's parent or legal guardian as required under this subsection at least one (1) day prior to the participation or instruction in any trainings, courses or classes that address a covered program.
(j)
Each school district shall adopt a policy and ensure school district employees have the ability to withdraw or opt out of voluntary or mandatory classes, lessons, trainings, educational activities or any program or activity involving a covered program.
(k)
Each school district shall adopt a policy and ensure that school district employees and students are not required to refer to a student using the student's preferred pronoun if the pronoun does not align with the student's biological sex.
Section 2
.
W.S. 9
‑
2
‑
3204(b)(intro) and 21
‑
3
‑
110(a)(viii) are amended to read:
9
‑
2
‑
3204.
General services division.
(b)
For the purpose of this subsection the term "agencies" does not include the University of Wyoming, community college districts, or
, except as provided by W.S. 21
‑
3
‑
135(f),
school districts. It does not include the department of transportation except as to paragraphs (xi), (xii) and (xiii) of this subsection. The department through the general services division shall:
21
‑
3
‑
110.
Duties of boards of trustees.
(a)
The board of trustees in each school district shall:
(viii)
Except as provided by W.S. 21
‑
3
‑
135(f), o
btain competitive bids when any purchase of insurance, supplies or materials other than textbooks costing more than twenty
‑
five thousand dollars ($25,000.00) and less than fifty thousand dollars ($50,000.00) is contemplated unless precluded by other regulation or statute. If the amount of the purchase of insurance, supplies or materials other than textbooks is equal to or exceeds fifty thousand dollars ($50,000.00), a call for bids shall be published at least once in a newspaper of general circulation in the district and on the state procurement website, as defined in W.S. 9
‑
2
‑
3001(b)(vii). For any contract for a capital construction project with an estimated value in excess of fifty thousand dollars ($50,000.00), the board shall publish a call for bids in a newspaper of general circulation in the district at least once each week for two (2) consecutive weeks.
All contracts for capital construction projects shall be let in accordance with W.S. 9
‑
2
‑
3004 and 9
‑
2
‑
3006 except as provided in this paragraph.
The district shall reserve the right to reject any and all bids and to waive irregularities and informalities in any bid, as defined in W.S. 9
‑
2
‑
3001(b)(v). No contract shall be divided for the purpose of avoiding this paragraph. Items for which bids must be obtained may be described in the published call for bids by stating general requirements and making detailed specifications available to prospective bidders at the district's administrative headquarters. A district shall independently meet the requirements of this paragraph when procuring goods or services that are subject to this paragraph through a board of cooperative educational services;
Section 3.
This act is effective July 1, 2024
.
(END)
1
HB0061