authorized to establish and maintain adult education program. (a) As used in this chapter "state board" means the state board of education acting as the state board of career and technical education. (b) The board of trustees of any unified school district in the state may establish and maintain a program of adult education in connection with the public schools of the district. The program shall be open to adults. No community college shall be established except under W.S. 21-18-101 through 21-18-317.

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21-12-102. Powers of boards of trustees establishing and maintaining programs.

(a) The board of trustees of any school district within the state establishing and maintaining an adult education program under this chapter, in addition to all other powers provided by law, may: (i) Fix fee and tuition rates for adult education courses; (ii) Cooperate with the state department of education, the state board, community college commission and the federal government in administering the program; and (iii) Do all things necessary to promote the purposes of this article.

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21-12-103. Special school tax; submission to electors

authorized; tax in addition to limitations in W.S. 21-13-102. For the purpose of maintaining a program of adult education, the board of trustees may submit for vote to the electors of the district, a special school tax of not to exceed two and one-half (2 1/2) mills on the taxable valuation of the district. Said special school tax, if approved, shall be above and in addition to the tax limitations expressed in W.S. 21-13-102.

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21-12-104. Special school tax; election; conduct; levy, collection and disbursement.

(a) The election shall be conducted under the law governing school elections and on an election date authorized under W.S. 22-21-103. The ballot shall state the proposition to be voted upon, the amount of the proposed special levy and shall contain a form for voting substantially as follows: "Shall an additional special tax of not to exceed .... mills be levied for the purpose of maintaining a program of adult education?" Special levy-YES • Special levy-NO • (b) If the majority of the votes cast in the election are "special levy-YES", the tax shall be levied, collected and disbursed in the same manner as other school district taxes.

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21-12-105. Career and technical education demonstration project grants; application; criteria; limitations.

(a) A school district may apply to the state department of education for state assistance to fund expenses associated with the planning, development and implementation of a career and technical education demonstration project as a new or an expansion to any existing high school career and technical education program in the district. As used in this section, "career and technical education program" shall be as specified in W.S. 21-13-309(m)(v)(D)(II). Amounts awarded under this section shall be used to fund curricular development and project design costs, employ certified teachers to provide course instruction during the two (2) years of project implementation and to fund initial purchases of equipment and supplies, all incurred for demonstration projects which: (i) Prepare high school students for a full range of post secondary options, including two (2) year and four (4) year college, apprenticeship, military and formal employment training; (ii) Connect academic and technical curriculum grounded in academic and industry standards; (iii) Provide innovative strategies for ensuring student access to career choices, as well as opportunities for work-based learning and dual enrollment in related post secondary education courses; (iv) Support workforce, education and economic needs of Wyoming. (b) Any amount awarded to a district under this section shall be in addition to and not be considered in determining the school foundation program amount under the education resource block grant model pursuant to W.S. 21-13-309 and the amount for career and technical education supplies, materials and equipment pursuant to W.S. 21-13-338. A grant awarded under this section shall be for a period of two (2) years and shall not exceed one hundred fifty thousand dollars ($150,000.00) for the first year of demonstration project planning, and not more than two hundred thousand dollars ($200,000.00) for project implementation in year two (2) of the project grant. Thereafter, state assistance for the project shall be limited to funds distributed to the district within its foundation program amount as determined under the education resource block grant model and the amount distributed under W.S. 21-13-338. Any school district receiving funds under W.S. 21-13-337 for career and technical supplies, materials and equipment shall be ineligible to receive a grant under this section for the period the district receives funds under W.S. 21-13-337. (c) Application for a grant under this section shall be on a form and in a manner specified by rule and regulation of the department, shall be filed with the department on or before June 30 to secure a grant during the immediately succeeding school year, and shall at minimum include: (i) A proposal based upon an existing partnership between the applicant district, the Wyoming post secondary education institution and industry, which clearly documents the need for establishing the proposed career-technical education demonstration project; (ii) Documentation of integration of industry standards, school redesign and curriculum alignment between high school and post secondary education within the proposed project; (iii) The purposes, plan and timeline for expenditure of grant amounts; (iv) Assurance that school facilities appropriately accommodate the proposed demonstration project; and (v) Other necessary information required by the state department. (d) Not later than August 15 of the applicable school year and following review of applications submitted under this section, the department shall notify applicant districts of its decision and shall provide each applicant district a written statement of reasons for approving or denying the application. If the application is approved, the department shall award the grant from amounts made available by legislative appropriation within the public school foundation program account for purposes of this section. (e) Each recipient district shall report to the department on the expenditure of amounts awarded under this section, shall in consultation with representatives of partnership post secondary education programs and industry, provide the department an evaluation of project results and shall provide other information as required by rule and regulation of the department to implement this section. (f) Repealed By Laws 2006, Ch. 37, § 2. (g) The department shall promulgate rules and regulations necessary to carry out this section and shall work with Wyoming post secondary education institutions and industry in establishing prerequisite school district and post secondary education and industry agreement requirements.

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21-13-101. Definitions.

(a) As used in this chapter: (i) "Average daily membership" or "ADM" means the aggregate number of pupils present plus the aggregate number of pupils absent, divided by the actual number of days the school is in session for the year. Pupils who attend at least eighty percent (80%) of a full time equivalency basis shall be considered full time. For pupils enrolled in school on less than eighty percent (80%) of a full time equivalency basis, the school district shall calculate the pupil's contribution to the ADM on a prorated basis with the hours or class periods of enrollment being the numerator and the hours or class periods of full time equivalency being the denominator. Pupils who have withdrawn from school or who have been absent for more than ten (10) consecutive calendar days shall not be counted as members; (ii) Repealed By Laws 1997 Special Session, ch. 3, § 304. (iii) "District" means any school district as defined by law; (iv) "Elementary school" means a school consisting of kindergarten through grade five (5), or any appropriate combination of grades within this range, as determined by the plan of organization for schools authorized by the district board of trustees; (v) "Foundation program" means the level of funding which is to be made available to each district under this title so that each district is able to comply with the state uniform educational program standards imposed under W.S. 21-9-101 and 21-9-102 and the uniform state student content and performance standards prescribed by the state board of education under W.S. 21-2-304(a)(iii); (vi) "High school" means a school consisting of grades nine (9) through twelve (12), or any combination of grades within this range, as determined by the plan of organization by the district board; (vii) "Middle school" means a school consisting of grades six (6) through eight (8), or any combination of grades within this range, as determined by the plan of organization by the district board; (viii) "Kindergarten" means a class of pre-first-grade students; (ix) "Public school foundation program account" and "foundation account" mean the account created by W.S. 21-13-306 for use in financing education in public schools; (x) Repealed by Laws 1994, ch. 17, § 2. (xi) "Teacher" means any member of the teaching or professional staff engaged in the service of the public schools for whom certification is required as a condition of employment; (xii) Repealed by Laws 1988, ch. 82, § 2. (xiii) "Year of college training" shall be the successful completion of a one (1) year course of study approved by the state department of education; (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 the 2025 cost of education study as modified by the legislature and as contained 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); (xv) Repealed By Laws 2006, Chapter 37, § 2. (xvi) "Prototypical school model" means a school level, comprised of cost, resource and enrollment parameters, as described within the education resource block grant model. The separate school levels identified with the model are as follows: (A) Elementary school - kindergarten through grade five (5) modeled at cost and resource levels for: (I) Repealed by Laws 2026, ch. 82, § 3. (II) One hundred ten (110) ADM; (III) Two hundred twenty (220) ADM; and (IV) Three hundred thirty (330) ADM. (B) Middle school - grades six (6) through eight (8) modeled at cost and resource levels for: (I) Repealed by Laws 2026, ch. 82, § 3. (II) One hundred five (105) ADM; (III) Two hundred ten (210) ADM; and (IV) Three hundred fifteen (315) ADM. (C) High school - grades nine (9) through twelve (12) modeled at cost and resource levels for: (I) Repealed by Laws 2026, ch. 82, § 3. (II) One hundred five (105) ADM; (III) Two hundred ten (210) ADM; (IV) Three hundred fifteen (315) ADM; and (V) Six hundred thirty (630) ADM. (xvii) Repealed by Laws 2026, ch. 82, § 3. (xviii) Repealed By Laws 2011, Ch. 185, § 2(a). (b) Repealed By Laws 1998, ch. 2, § 203. (c) The education resource block grant model as defined under paragraph (a)(xiv) of this section and as contained in W.S. 21-13-309.1 and operationalized through the model spreadsheets, as each are enacted into law, and including any technical correction which may be implemented by rule of the state superintendent under W.S. 21-2-202(e), shall be filed with the secretary of state.

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21-13-102. Maximum rate of school district tax; recapture of excess; equalization of permissive levies.

(a) Except as otherwise provided by law, the maximum rate of school district tax that may be levied for all school purposes, exclusive of bond interest and redemption, for any school district in any school year on each dollar of assessed valuation within the school district is as follows: (i) In a unified school district: (A) Twenty-five (25) mills shall be levied for combined elementary, junior high and high school purposes. (B) Repealed By Laws 1997 Special Session, ch. 3, § 103(a). (C) Repealed By Laws 1997 Special Session, ch. 3, § 104(a). (D) Repealed By Laws 2006, Chapter 37, § 2. (E) Repealed By Laws 2006, Chapter 37, § 2. (ii) In any nonunified school district consisting of kindergarten through grade eight (8): (A) Twenty-five (25) mills shall be levied for school purposes. (B) Repealed By Laws 1997 Special Session, ch. 3, § 103(a). (C) Repealed By Laws 1999, ch. 110, § 103. (D) Repealed By Laws 1997 Special Session, ch. 3, § 104(a). (E) Repealed By Laws 2006, Chapter 37, § 2. (F) Repealed By Laws 2006, Chapter 37, § 2. (b) For each school year: (i) A school district whose revenues from the sources provided by W.S. 21-13-310 exceed the foundation program costs determined under W.S. 21-13-309 by more than three hundred percent (300%), as estimated to the districts on or before August 15 and as subsequently certified to the districts on or before March 1 of the current fiscal year under subsection (e) of this section, shall rebate fifty percent (50%) of the excess revenues to the department of education by January 15 of the applicable school year. The balance of the excess revenues shall be rebated to the department on or before June 25 of that school year; (ii) A school district whose revenues specified under W.S. 21-13-310 for any school year exceed the foundation program costs determined under W.S. 21-13-309 by three hundred percent (300%) or less, as estimated and certified under subsection (e) of this section, shall rebate forty percent (40%) of the excess revenues to the department by January 15 of the applicable school year. The balance of the excess revenues shall be rebated to the department on or before June 25 of the applicable school year; (iii) Amounts rebated under paragraphs (i) and (ii) of this subsection shall be credited to the public school foundation program account defined in W.S. 21-13-101(a)(ix). (iv) Repealed by Laws 1984, ch. 53, § 2. (c) Repealed By Laws 2008, Ch. 94, § 2. (d) Repealed By Laws 1997 Special Session, ch. 3, § 103(a). (e) Annually on or before September 1 the department shall notify each district subject to recapture of the estimated amount due to the state during the current fiscal year, using data from the previous school year. Upon receipt of the state assessed values by school districts, and not later than May 31 of the current fiscal year, the department shall certify to each district subject to recapture the amount of recapture for the fiscal year to be remitted to the state. The amount certified shall supersede the estimates certified on or before September 1. If a district can demonstrate financial inability to make payments to the state as provided in subsection (b) of this section, the superintendent of public instruction may adjust the schedule of payments provided by subsection (b) of this section if the financial integrity of the foundation program will not be jeopardized. (f) Repealed By Laws 2006, Chapter 37, § 2. (g) Repealed by Laws 2015, ch. 29, § 1. (h) Repealed By Laws 2006, Chapter 37, § 2. (j) Repealed By Laws 2006, Chapter 37, § 2.

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21-13-103. Cancellation of unpaid warrants; remedy of holders.

The treasurer of each school district shall on the first Monday in April of each year cancel all unpaid warrants of such school district which have been issued for a period exceeding twelve (12) months, and shall at the same time certify to the board of trustees of such school district the number and amount of each warrant which he has canceled. Such list of canceled warrants shall be entered in the minutes of the board and published at least once in a regular issue of a newspaper published in the county, during the month in which such warrants were canceled. Any person or persons holding a school district warrant which has been canceled under the provisions of this section, may present such warrant to the board of trustees of such school district at any subsequent time, not later than five (5) years after the date such warrant was canceled. The said board of trustees shall issue to the holder of such school district warrant, a new warrant covering the amount due on the original warrant at the time so canceled.

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21-13-104. Repealed by Laws 1980, ch. 49, § 3.

Repealed by Laws 1980, ch. 49, § 3.

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21-13-201. Levy, collection and distribution of 6 mill school tax.

(a) Pursuant to article XV, section 17 of the constitution of the state of Wyoming, there shall be levied each year, by the county commissioners in each county in the state, a tax of six (6) mills on the dollar of assessed valuation of the property within the county for the support and maintenance of the public schools. This tax shall be collected by the county treasurer. (b) On or before September 1 of each year, the state department of education shall notify the treasurer of each county of the percentage proportion to be allocated from the countywide six (6) mill school levy to each school district in his respective county. The computation of the distribution of the countywide six (6) mill levy shall be made by the department of education on the basis of the average daily membership (ADM) for the previous year. This number, for each district, shall be converted into a percentage of the total average daily membership (ADM) for all school districts within the county. The county treasurer shall distribute the revenue arising from the countywide six (6) mill levy among the school districts of the county according to the percentage computed above and pursuant to W.S. 21-13-207.

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21-13-202. Repealed by Laws 1981, ch. 43, § 2.

Repealed by Laws 1981, ch. 43, § 2.

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21-13-203. Repealed by Laws 1981, ch. 43, § 2.

Repealed by Laws 1981, ch. 43, § 2.

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21-13-204. Repealed by Laws 1981, ch. 43, § 2.

Repealed by Laws 1981, ch. 43, § 2.

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21-13-205. Repealed by Laws 1981, ch. 43, § 2.

Repealed by Laws 1981, ch. 43, § 2.

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21-13-206. Disposition of fines, penalties and forfeitures.

All fines, penalties, and forfeitures provided by the school laws may be recovered by an action by any citizen in the name of the people of the state of Wyoming for the use of the proper school district or county, and when they accrue, shall belong to the school district or county in which they have accrued and shall be deposited with the county treasurer.

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21-13-207. Apportionment of funds by county treasurer.

On the second Monday of each month the county treasurer shall apportion all monies in the county treasury belonging to the county school fund, including all interest earned thereon and including fines and forfeitures, among the various school districts of the county in the same percentages as provided by W.S. 21-13-201(b) and shall immediately pay the amount to each school district.

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21-13-301. Distribution to school districts of money in common school account for use of public schools.

Between January 1 and June 30 of each year, if there is any money to the credit of the common school account within the permanent land income fund for the use of the public schools in the state treasury, the state treasurer shall, after making any distributions necessary under W.S. 21-15-108(a), distribute the income in the account to the school foundation program. The state treasurer may make distributions to the school foundation program under this section at such times and in such amounts as may be advantageous for the state’s investment program and cash management, but all income shall be credited to the school foundation program not later than June 30 of each year.

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21-13-302. Repealed by Laws 1989, ch. 260, § 3.

Repealed by Laws 1989, ch. 260, § 3.

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21-13-303. Levy of state tax; disposition of funds; reduction of mill levy.

(a) For the support of the public elementary and secondary schools of the state, there shall be assessed and levied each year a state tax of twelve (12) mills on the dollar of the assessed valuation of the property within the state as certified on August 10 under W.S. 39-11-102.1(c)(v) except as provided in subsection (c) of this section. The tax is in addition to any and all other taxes authorized by law. (b) The funds that may accrue under this section shall be placed in a separate account. Balances in the account, if any, shall not lapse or be transferred to any other fund or account. (c) Between July 1 and July 10 of each year the state auditor and the state treasurer shall determine if the unobligated average daily general fund balance over the preceding fiscal year exceeds twenty percent (20%) of the amount of the general fund appropriations for the present biennium. If the unobligated average daily general fund balance exceeds twenty percent (20%) of the amount appropriated, the excess is appropriated and shall be transferred into the public school foundation program account as soon as possible. The auditor and treasurer shall immediately notify the state board of equalization of the amount to be transferred. Based on the current assessed valuation of the state, the board shall compute the estimated amount of revenue to be produced by a twelve (12) mill levy, subtract the amount transferred to the public school foundation program account and then compute the mill levy necessary to produce the difference. The board shall certify the recomputed mill levy to the county assessors to be levied and collected in lieu of the twelve (12) mill state levy for the next tax year.

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21-13-304. State treasurer to keep separate account.

The state treasurer shall keep a separate account and except as otherwise provided by law all monies appropriated for school purposes shall be kept in such account.

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21-13-305. Renumbered by Laws 1983, ch. 136, § 2.

Renumbered by Laws 1983, ch. 136, § 2.

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21-13-306. Foundation program account established; disposition of monies.

(a) The public school foundation program account is established to consist of funds appropriated to, or designated to the account by law, or by gift from whatever source, for distribution to districts in accordance with law. (b) Within the limits of legislative appropriation, if any, the resources of the public school foundation program account shall be paid into the state treasury and shall be drawn out and distributed to the districts in accordance with this article upon certification of the state superintendent and upon vouchers approved by the state auditor payable to the treasurer of the several districts. (c) Repealed by Laws 2017, ch. 205, § 2.

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21-13-306.1. School foundation program reserve account; purposes.

The school foundation program reserve account created by 2014 Wyoming Session Laws, Chapter 26, Section 300(g) is continued and codified. Funds within the account shall only be expended by legislative appropriation. All funds within the account shall be invested by the state treasurer and all investment earnings from the account shall be credited to the general fund.

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21-13-307. Eligibility to share in distribution of money

from foundation account; mandatory financial reporting; prohibition of spending foundation program funds on capital construction. (a) Each district which meets the following requirements is eligible to share in the distribution of funds from the foundation account: (i) Employed and compensated teachers for not less than nine (9) school months during the previous year and has actually employed and is compensating at least one (1) teacher for the current year, except that a newly organized district need not have employed any teachers during the previous year in order to qualify for its first year of operation; (ii) Operated all schools for a term of at least one hundred eighty-five (185) days or the number of days or equivalent hours authorized under an alternative schedule approved by the state board during the previous school year. If the school term of any school in a district was less than one hundred eighty-five (185) days or less than the total number of days authorized under an alternative schedule approved by the state board, the amount allotted per average daily membership (ADM) under W.S. 21-13-309 for the school shall be in proportion to the length of the term the school actually operated, unless caused by closures of schools: (A) Due to fuel shortages, fire, construction problems, weather, civil disturbance or threatened civil disturbance, days of national recognition, widespread illnesses; or (B) Whenever necessary to protect the health, safety or welfare of students, teachers and other employees and closures are approved by the state superintendent or are the result of presidential or gubernatorial executive orders. (iii) Furnishes to the state superintendent statistical data and information as reasonably required to compute a district's entitlement to share in the foundation account and the extent of the entitlement; (iv) Repealed by Laws 2017, ch. 205, § 2. (b) Each district shall provide financial reports to the department on forms and in such manner required by the department under W.S. 21-2-203 and by rules and regulations promulgated by the state superintendent of public instruction pursuant to this article. In administering this article, the state superintendent may conduct audits of information submitted by districts under this article as necessary to administer and perform computations pertaining to the cost components within the education resource block grant model, and may, after consulting and negotiating with the school district, correct the information reported by districts under this article to fairly and accurately reflect the data type, classification and format necessary to perform computations required to administer the school finance system established under this article. (c) In no event shall any school district transfer or expend any foundation program amounts, defined under W.S. 21-13-101(a)(v), including but not limited to revenues collected under W.S. 21-13-310 and amounts paid to the school district for the purpose of funding operational expenses under this chapter, for major building and facility repair or replacement, as defined under W.S. 21-15-109(a)(iii), or for a project, as defined under W.S. 21-15-111(a)(iv) or for any educational building, office building, portable building, teacherage or warehouse building, as defined under W.S. 21-15-109(a).

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21-13-308. Repealed By Laws 1997 Special Session, ch. 3, § 304.

Repealed By Laws 1997 Special Session, ch. 3, § 304.

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21-13-309. Determination of amount to be included in foundation program for each district.

(a) Repealed By Laws 1997 Special Session, ch. 3, § 304. (b) Repealed By Laws 1997 Special Session, ch. 3, § 304. (c) Repealed By Laws 1997 Special Session, ch. 3, § 304. (d) Repealed By Laws 1997 Special Session, ch. 3, § 304. (e) Repealed By Laws 1997 Special Session, ch. 3, § 304. (f) Repealed By Laws 1997 Special Session, ch. 3, § 304. (g) Repealed by Laws 1993, ch. 168, § 2. (h) Repealed by Laws 1993, ch. 168, § 2. (j) Repealed by Laws 1993, ch. 168, § 2. (k) Repealed By Laws 1997 Special Session, ch. 3, § 304. (m) In determining the amount to be included in the foundation program for each district, the state superintendent shall: (i) Repealed By Laws 2006, Chapter 37, § 2. (ii) Repealed By Laws 2006, Chapter 37, § 2. (iii) Repealed By Laws 2006, Chapter 37, § 2. (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) If the district's average ADM for the two (2) immediately preceding school years is greater than the district's ADM from the previous school year, each reported school shall be computed based upon the average of the school's ADM counts completed at the end of the two (2) immediately preceding school years, otherwise each reported school within the district shall be computed based on the school's ADM for the previous school year; (B) For each school year, the configuration of grades for each school shall be based upon the ADM reported for each grade in which students were enrolled for the immediately preceding school year; (C) Repealed By Laws 2012, Ch. 99, § 2. (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 as defined under W.S. 21-13-101(a)(xiv). The following criteria shall be used by the state superintendent in the administration of the education resource block grant model: (A) At-risk students, for purposes of model computations, shall include students within a school who are eligible for participation in the free and reduced price lunch program under the national school lunch program established by 42 U.S.C. 1751 et seq., who are identified as limited English proficiency in accordance with rules and regulations of the department of education or who are mobile students as defined by department rule and regulation and enrolled in grades six (6) through twelve (12) for the applicable school year. A student shall be counted only once for purposes of computing school at-risk student populations even though that student may simultaneously be eligible to participate in the free and reduced price lunch program, in programs serving students with limited English proficiency or is defined as a mobile student; (B) Alternative schools may be established by a school district for offering educational programs to students with educational needs which the district finds are not appropriately met by other schools in the district, excluding charter schools established under W.S. 21-3-301 through 21-3-314. Alternative schools included within a district's configuration of schools identified under paragraph (iv) of this subsection shall for purposes of the education resource block grant model: (I) Repealed by Laws 2026, ch. 82, § 3. (II) Repealed By Laws 2007, Ch. 147, § 102. (III) Unless otherwise authorized by the state superintendent, be restricted to not more than one (1) alternative school within any school district; (IV) Be approved as an alternative school by the state superintendent subject to the following: (1) Completion of a formal evaluation of the school district's at-risk programs to ensure provision of a continuum of learning supports and classroom interventions addressing the needs of at-risk children within the district which is comprised of the following: a. Criteria for identifying at-risk students in accordance with and subject to research-based indicators; b. Use of individual learning plans for each identified at-risk student or an equivalent school-wide plan that defines interventions, programs and services required to address special needs. The plans shall be continuously monitored by the district; c. Use of quality learning supports and classroom interventions based upon the special needs of the student population served by the district and the supports and interventions are supported by and based upon research-based practices and strategies; d. Data based predictors to identify students at-risk of dropping out of school after reaching the age of compulsory attendance pursuant to W.S. 21-4-102 and learning supports and classroom strategies to address this student population. (2) A formal evaluation is conducted by the district not less than once every two (2) years of the school's programs, comprised of the continuum of learning supports and classroom interventions specified under subdivision (IV)(1) of this subparagraph. The evaluation shall measure the effectiveness of the school's programs in meeting the needs of those student populations attending the school. Formal evaluations conducted under this subparagraph shall be reported to and approved by the district board and reported to the state superintendent together with action plans addressing necessary program improvements; (3) Student achievement within the school is reported annually by the district to the state superintendent, as measured by quality indicators specified by rule and regulation of the department which reflect the components of the continuum of learning supports and classroom interventions specified under subdivision (IV)(1) of this subparagraph; (4) Educational space for the school is provided through facilities operated and maintained by the district and approved by the state construction department as meeting statewide adequacy standards. After two (2) evaluations by the state superintendent under subdivision (IV)(3) of this subparagraph that demonstrate academic progress or success of an alternative school's educational program, the alternative school shall be included in the district's five (5) year plan under W.S. 21-15-116 and the school's long-term facility needs shall be evaluated by the state construction department. Notwithstanding subparagraph (m)(vi)(C) of this section, the state construction department shall not approve any district plan which includes educational space for the alternative school within a separate facility unless the district provides sufficient documentation and evidence that the school cannot be collocated within a facility containing educational space for another school with similar grade configurations operated by the district. (V) Repealed by Laws 2026, ch. 82, § 3. (C) Repealed by Laws 2026, ch. 82, § 3. (D) Career and technical education computations within the education resource block grant model shall be based upon: (I) The number of students enrolled in grades nine (9) through twelve (12) participating in career and technical education programs on a full-time equivalency (FTE) basis, as computed in accordance with guidelines established by the department of education; (II) Career and technical education programs offered in grades nine (9) through twelve (12) consisting of a sequence of three (3) or more career and technical courses in an occupational area or career cluster that provides students with the technical knowledge, skills or proficiencies necessary to obtain employment in current or emerging occupations or to pursue advanced skill training. To qualify under this subdivision, a career and technical course shall be offered pursuant to W.S. 21-9-101(b)(i)(J) and aligned with state content and performance standards prescribed by the state board of education under W.S. 21-2-304(a)(iii), and except as provided under W.S. 21-2-202(a)(xxvii), shall be provided by a teacher certified by the Wyoming professional teaching standards board for the career and technical subject area associated with the course; (III) Repealed by Laws 2025, ch. 108, § 4. (E) Amounts computed under the education resource block grant model for each school district based upon amounts generated by each school within the district and based upon amounts generated at the district level for that district within the block grant model, shall be adjusted by adding the following amounts: (I) An amount for district transportation of school children as provided under W.S. 21-13-320; (II) Repealed by Laws 2023, ch. 111, § 2. (III) An amount for any extra compensation payments to district teachers as provided under W.S. 21-13-324; (IV) An amount for any isolation and maintenance payments by the district as provided under W.S. 21-4-401; (V) An amount for any tuition and maintenance payments made by the district pursuant to W.S. 21-4-501(d) and 21-4-504. (F) Amounts provided within the model for health insurance shall be based upon: (I) The actual participants, for each month of the prior year, of full-time equivalent (FTE) employees funded with amounts allocated from the education resource block grant model in district health insurance plans categorized into employee only, split contracts, employee plus spouse, employee plus children and family coverage. Each FTE reported under this subdivision shall be adjusted by the department of education to reflect eligible participation in the state group health insurance plan and proportional contribution percentages. For any FTE reported under this subdivision funded from the education resource block grant model and any other source of funds, a proportional share of the FTE shall be used for purposes of this subparagraph; (II) Each reported employee under subdivision (I) of this subparagraph shall be multiplied by the annualized state contribution rate as of January 1 of the preceding school year, on behalf of each employee and official enrolled in the state group health insurance plan, for employee only, split contracts, employee plus spouse, employee plus children and family coverage except as provided in subdivision (IV) of this subparagraph; and (III) Repealed by Laws 2026, ch. 82, § 3. (IV) For school year 2027-2028 and each school year thereafter, the amount provided to school districts for health insurance shall be computed as follows: (1) The amount calculated pursuant to subdivision (II) of this subparagraph, subject to subdivision (2) of this subdivision; (2) If the actual prior school year health insurance expenditures for employees funded with amounts allocated from the education resource block grant model is less than the amount calculated under subdivision (II) of this subparagraph for that school year, the difference shall be subtracted from the amount calculated pursuant to subdivision (II) of this subparagraph. (G) Amounts within the education resource block grant model for maintenance and operations shall be based upon the lesser of the actual educational gross square footage of school buildings and facilities or the education space prescribed by statewide adequacy standards under W.S. 21-15-115 subject to the following: (I) Actual gross square footage of school buildings and facilities shall be separated into education space categories by school and by district, including leased square footage but excluding square footage not used for delivering the required educational program and the square footage of any building or facility closed and not operational as provided under W.S. 21-15-109(c)(iv); (II) Actual gross square footage of education space shall be the gross square footage prescribed by statewide building adequacy standards promulgated pursuant to W.S. 21-15-115. Education space capacity in excess of one hundred fifteen percent (115%) of the standard space level shall not be included in actual gross square footage computations under this subdivision. (III) Repealed by Laws 2026, ch. 82, § 3. (vi) Except for charter schools established under W.S. 21-3-301 through 21-3-314 and alternative schools approved under subdivision (v)(B)(IV) of this subsection, any alteration of the configuration of grades within a district, school or school facility which differs from the configuration of grades during the immediately preceding school year as reported under paragraph (iv) of this subsection shall be considered a reconfiguration and shall be documented by the district and reported to the state superintendent and the director of the state construction department. Following review and evaluation, the state superintendent and the director of the state construction department shall, each acting independently, approve or deny the reconfiguration for purposes of application to the education resource block grant model and the determination of school facility needs and remedies. The following shall apply: (A) Approval under this paragraph shall be based upon the appropriate delivery of the required educational program, the cost effectiveness of the proposed grade reconfiguration for delivery of adequate educational services to students with block grant resources, district wide capacity of school educational facilities as defined under W.S. 21-15-109(a)(ii) and any extraordinary circumstances related to the safe and efficient delivery of the education program to students; (B) Approval under this paragraph shall be required prior to receiving state funds for adding any new school within a district; (C) No reconfiguration of grades within any district, school or facility shall differ from the previous school year such that more than one (1) school is included within any one (1) school facility to be reported under paragraph (iv) of this subsection for purposes of determining the foundation program amount for that district; (D) As used in this paragraph, "configuration" means the approved combination of grades served within a district, school or school facility as reported for purposes of determining the foundation program amount for that district under this section. (n) Repealed By Laws 2002, Chapter 76, § 3; 2006, Chapter 37, § 2. (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, the technology and equipment component as specified in W.S. 21-13-309.1(c)(xxii), the gifted and talented students component as specified in W.S. 21-13-309.1(c)(xxiii) and the short cycle and formative assessment component as specified in W.S. 21-13-309.1(c)(xxvi). 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 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. (p) Except as otherwise provided by law and following the computation and application of any adjustment under subsection (o) of this section, the amount computed for each school within each district shall be combined with the amount computed and provided on a district level for that district, as prescribed by the education resource block grant model, to determine the foundation program amount for each district. (q) Repealed By Laws 2006, Chapter 37, § 2. (r) Repealed By Laws 2006, Chapter 37, § 2. (s) Repealed By Laws 2006, Chapter 37, § 2. (t) Not less than once every five (5) years, the legislature shall provide for the recalibration of the education resource block grant model to determine if modifications are necessary to ensure it remains cost-based in light of changing conditions and modifications to law. (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 as specified by W.S. 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 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 2025 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 2025 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 committee by October 15 of the applicable school year. Report recommendations shall be used by the joint appropriations committee in its determination of legislative recommendation on model adjustment under subsection (o) of this section.

Propose a change

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 2025 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) "Average daily membership" or "ADM" means as defined by W.S. 21-13-101(a)(i) and calculated pursuant to W.S. 21-13-309(m)(iv); (ii) "Education resource block grant model" means as defined by W.S. 21-13-101(a)(xiv); (iii) "Co-located school" means two (2) or more schools, each with its own administrative structure, that operate within the same physical facility, regardless of whether the schools serve the same or different grade bands; (iv) "FTE" means full-time equivalency basis as computed in accordance with the department of education rule; (v) "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 grades five (5) through eight (8) or grade six (6) through grades nine (9) or any combination of grades within those ranges; (C) A high school grade band that includes grades eight (8) through grade twelve (12) or any combination of those grades. (c) The education resource block grant model components and associated resources are as follows: (i) Full day kindergarten. Funded for all elementary school grade bands; (ii) Core teachers. For any school with greater than fifty (50) ADM, one (1.0) FTE for every sixteen (16) ADM for grades kindergarten through three (3), one (1.0) FTE for every twenty-two (22) ADM for grades four (4) through eight (8) and one (1.0) FTE for every twenty-five (25) ADM for grades nine (9) through twelve (12); (iii) Elective/specialist teachers: (A) Elementary school grade bands. FTE equal to twenty percent (20%) of the core teachers calculated pursuant to paragraph (ii) of this subsection; (B) Middle school grade bands. FTE equal to thirty-three and one-third percent (33 1/3%) of the core teachers calculated pursuant to paragraph (ii) of this subsection; (C) High school grade bands. FTE equal to thirty-three and one-third percent (33 1/3%) of the core teachers calculated pursuant to paragraph (ii) of this subsection. (iv) For any school with greater than fifty (50) ADM, additional career and technical education teachers. FTE equal to thirty-four percent (34%) of each school's career and technical education students as determined pursuant to W.S. 21-13-309(m)(v)(D)(I), divided by twenty-five (25); (v) Minimum teachers. Resourced at the highest prototypical school model: (A) For any school with greater than fifty (50) ADM, if the combined total FTE calculated pursuant to paragraphs (ii), (iii) and (iv) of this subsection is less than the applicable minimum specified in subdivisions (I) through (III) of this subparagraph, the grade band shall be provided the applicable minimum teacher FTEs as follows: (I) For an elementary school grade band with greater than fifty (50) ADM, six (6) FTE and for an elementary school grade band with fifty (50) ADM or less, six (6) FTE reduced on a pro rata basis, calculated by multiplying six (6) teacher FTEs by a fraction, the numerator of which is the elementary school grade band ADM and the denominator of which is fifty (50); (II) For a middle school grade band with greater than fifty (50) ADM, seven (7) FTE and for a middle school grade band with fifty (50) ADM or less, seven (7) FTE reduced on a pro rata basis, calculated by multiplying seven (7) teacher FTEs by a fraction, the numerator of which is the middle school grade band ADM and the denominator of which is fifty (50); (III) For a high school grade band with greater than fifty (50) ADM, nine (9) FTE and for a high school grade band with fifty (50) ADM or less, nine (9) FTE reduced on a pro rata basis, calculated by multiplying nine (9) teacher FTEs by a fraction, the numerator of which is the high school grade band ADM and the denominator of which is fifty (50). (B) For any school with fifty (50) ADM or less, the minimum teacher FTEs shall be provided as follows: (I) For an elementary school, six (6) FTE reduced on a pro rata basis, calculated by multiplying six (6) teacher FTEs by a fraction, the numerator of which is the school's ADM and the denominator of which is fifty (50); (II) For a middle school, seven (7) FTE reduced on a pro rata basis, calculated by multiplying seven (7) teacher FTEs by a fraction, the numerator of which is the school's ADM and the denominator of which is fifty (50); (III) For a high school, nine (9) FTE reduced on a pro rata basis, calculated by multiplying nine (9) teacher FTEs by a fraction, the numerator of which is the school's ADM and the denominator of which is fifty (50); (IV) Notwithstanding subdivisions (I) through (III) of this subparagraph, each school shall receive a minimum of one (1.0) FTE. (C) For any school district that includes grades kindergarten through grade twelve (12), if the combined total FTE calculated pursuant to paragraphs (ii), (iii) and (iv) of this subsection and subparagraphs (A) and (B) of this paragraph is less than seventeen (17) for the school district, additional FTEs shall be provided to ensure the total teacher FTE for the school district is equal to seventeen (17). (vi) Summer school teachers. One (1.0) FTE for every one hundred twenty (120) at-risk students identified pursuant to W.S. 21-13-309(m)(v)(A); (vii) Extended day school teachers. One (1.0) FTE for every one hundred twenty (120) at-risk students identified pursuant to W.S. 21-13-309(m)(v)(A); (viii) English language learner teachers. One (1.0) FTE for every one hundred (100) students identified as limited English proficient in accordance with rules enacted by the department of education pursuant to W.S. 21-13-309(m)(v)(A); (ix) Instructional facilitators. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. One and one-half (1.5) FTE for every three hundred thirty (330) ADM; (B) Middle schools. One and one-half (1.5) FTE for every three hundred fifteen (315) ADM; (C) High schools. One and one-half (1.5) FTE for every three hundred fifteen (315) ADM; (D) Notwithstanding subparagraphs (A) through (C) of this paragraph, each school district shall receive a minimum of one (1.0) FTE. (x) At-risk/core tutors. Resourced at the highest prototypical school model using total school ADM. One (1.0) FTE for every one hundred (100) at-risk students identified pursuant to W.S. 21-13-309(m)(v)(A), plus: (A) Elementary schools. One (1.0) FTE for every three hundred thirty (330) ADM; (B) Middle schools. One (1.0) FTE for every three hundred fifteen (315) ADM; (C) High schools. One (1.0) FTE for every three hundred fifteen (315) ADM. (xi) Substitute teachers. An amount equal to: (A) For FTEs, five and seven hundred fifteen thousandths percent (5.715%) of the combined total FTEs generated by paragraphs (ii) through (x) of this subsection; (B) For employer paid social security and Medicare benefits, the amount calculated in subparagraph (A) of this paragraph multiplied by a daily salary as specified in subparagraph (xxxiv)(P) of this subsection, multiplied by seven and sixty-five hundredths percent (7.65%). (xii) Counselors. Resourced at each grade band: (A) Elementary school grade bands. One (1.0) FTE for every three hundred thirty (330) ADM; (B) Middle school grade bands. One (1.0) FTE for every two hundred fifty (250) ADM; (C) High school grade bands. One (1.0) FTE for every two hundred fifty (250) ADM; (D) Notwithstanding subparagraphs (A) through (C) of this paragraph, each school district shall receive a minimum of one (1.0) FTE. (xiii) Pupil support positions. One (1.0) FTE for every one hundred (100) at-risk students computed under W.S. 21-13-309(m)(v)(A); (xiv) Nurses. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. One (1.0) FTE for every three hundred thirty (330) ADM; (B) Middle schools. One (1.0) FTE for every three hundred fifteen (315) ADM; (C) High schools. One (1.0) FTE for every three hundred fifteen (315) ADM; (D) Notwithstanding subparagraphs (A) through (C) of this paragraph, each school district shall receive a minimum of one-half (0.5) FTE. (xv) Supervisory aides. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. Two (2.0) FTE for every three hundred thirty (330) ADM; (B) Middle schools. Two (2.0) FTE for every three hundred fifteen (315) ADM; (C) High schools. Three (3.0) FTE for every six hundred thirty (630) ADM. (xvi) Librarians. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. One (1.0) FTE for every three hundred thirty (330) ADM up to three hundred thirty (330) ADM; (B) Middle schools. One (1.0) FTE for every three hundred fifteen (315) ADM up to three hundred fifteen (315) ADM; (C) High schools. One (1.0) FTE for every six hundred thirty (630) ADM up to six hundred thirty (630) ADM; (D) Notwithstanding subparagraphs (A) through (C) of this paragraph, each school district shall receive a minimum of one-half (0.5) FTE. (xvii) Library aides. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. One (1.0) FTE for each additional three hundred thirty (330) ADM above three hundred thirty (330) ADM; (B) Middle schools. One (1.0) FTE for each additional three hundred fifteen (315) ADM above three hundred fifteen (315) ADM; (C) High schools. One (1.0) FTE for each additional six hundred thirty (630) ADM above six hundred thirty (630) ADM. (xviii) Principals. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. One (1.0) FTE for each school with at least one hundred ten (110) ADM; (B) Middle schools. One (1.0) FTE for each school with at least one hundred five (105) ADM; (C) High schools. One (1.0) FTE for each school with at least one hundred five (105) ADM. (xix) Assistant principals. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. The greater of: (I) One (1.0) FTE for each additional three hundred thirty (330) ADM above three hundred thirty (330) ADM; or (II) One (1.0) FTE for schools with less than one hundred ten (110) ADM. (B) Middle schools. The greater of: (I) One (1.0) assistant principal position for each additional three hundred fifteen (315) ADM above three hundred fifteen (315) ADM; or (II) One (1.0) FTE for schools with less than one hundred five (105) ADM. (C) High schools. The greater of: (I) One (1.0) assistant principal position for each additional three hundred fifteen (315) ADM above three hundred fifteen (315) ADM; or (II) One (1.0) FTE for schools with less than one hundred five (105) ADM. (xx) School site secretaries. Resourced at the highest prototypical school model using total school ADM: (A) Elementary schools. Two (2) FTE for three hundred thirty (330) ADM, prorated down to one and one-half (1.5) FTE for two hundred twenty (220) ADM, prorated down to one (1.0) FTE for one hundred ten (110) ADM, one (1.0) FTE prorated below one hundred ten (110) ADM. For schools with greater than three hundred thirty (330) ADM, one (1.0) additional FTE for each additional one hundred sixty-five (165) ADM; (B) Middle schools. Two (2.0) FTE for three hundred fifteen (315) ADM, prorated down to one and one-half (1.5) FTE for two hundred ten (210) ADM, prorated down to one (1.0) FTE for one hundred five (105) ADM, one (1.0) FTE prorated below one hundred five (105) ADM. For schools with ADM greater than three hundred fifteen (315) ADM, one (1.0) additional FTE for each additional one hundred fifty-seven and one-half (157.5) ADM; (C) High schools. Three (3.0) FTE for six hundred thirty (630) ADM, prorated down to two (2.0) FTE for three hundred fifteen (315) ADM, prorated down to one and one-half (1.5) FTE for two hundred ten (210) ADM, prorated down to one (1.0) FTE for one hundred five (105) ADM, one (1.0) FTE prorated below one hundred five (105) ADM. For schools with ADM greater than six hundred thirty (630) ADM, one (1.0) additional FTE for each additional two hundred ten (210) ADM. (xxi) Instructional and library materials. Three hundred dollars ($300.00) per ADM; (xxii) Technology and equipment. Two hundred fifty dollars ($250.00) per ADM; (xxiii) Gifted and talented students. Twenty-five dollars ($25.00) per ADM. (xxiv) Student activities: (A) School districts with two thousand (2,000) or more ADM: eight hundred thirty-three dollars ($833.00) per high school grade band ADM, four hundred forty-seven dollars ($447.00) per middle school grade band ADM and thirty-five dollars ($35.00) per elementary school grade band ADM; (B) School districts with five hundred (500) ADM: two thousand eighty-two dollars and fifty cents ($2,082.50) per high school grade band ADM, one thousand one hundred seventeen dollars and fifty cents ($1,117.50) per middle school grade band ADM and eighty-seven dollars and fifty cents ($87.50) per elementary school grade band ADM; (C) School districts with one hundred fifty (150) or fewer ADM: two thousand four hundred ninety-nine dollars ($2,499.00) per high school grade band ADM, one thousand three hundred forty-one dollars ($1,341.00) per middle school grade band ADM and one hundred five dollars ($105.00) per elementary school grade band ADM; (D) For school districts with less than two thousand (2,000) ADM and more than five hundred (500) ADM the per ADM amounts specified in subparagraph (A) of this paragraph shall be proportionally adjusted on a linear per ADM basis to the per ADM amounts specified in subparagraph (B) of this paragraph; (E) For school districts with less than five hundred (500) ADM and more than one hundred fifty (150) ADM the per ADM amounts specified in subparagraph (B) of this paragraph shall be proportionally adjusted on a linear per ADM basis to the per ADM amounts specified in subparagraph (C) of this paragraph. (xxv) Professional development. One hundred ninety-one dollars and forty-three cents ($191.43) per ADM; (xxvi) Short cycle and formative assessments. Twenty-five dollars ($25.00) per ADM; (xxvii) Central office staff. Central office staff shall be calculated utilizing the school district's ADM, as follows: (A) For school districts with five hundred (500) ADM or less: (I) One (1.0) FTE for a superintendent position; (II) One and one-half (1.5) FTE for deputy/assistant superintendent positions; (III) Two (2.0) FTE for secretary/accounting positions; (IV) One (1.0) FTE for a computer technician position. (B) For school districts with more than five hundred (500) ADM and less than or equal to one thousand (1,000) ADM: (I) One (1.0) FTE for a superintendent position; (II) Two (2.0) FTE for deputy/assistant superintendent positions at one thousand (1,000) ADM prorated down to one and one-half (1.5) FTE for five hundred (500) ADM; (III) Three (3.0) FTE for secretary/accounting positions at one thousand (1,000) ADM prorated down to two (2.0) FTE for five hundred (500) ADM; (IV) Two (2.0) FTE for computer technician positions at one thousand (1,000) ADM prorated down to one (1.0) FTE for five hundred (500) ADM. (C) For school districts with more than one thousand (1,000) ADM and less than or equal to two thousand (2,000) ADM: (I) One (1.0) FTE for a superintendent position; (II) Three (3.0) FTE for deputy/assistant superintendent positions at two thousand (2,000) ADM prorated down to two (2.0) FTE for one thousand (1,000) ADM; (III) Six and one-half (6.5) FTE for secretary/accounting positions at two thousand (2,000) ADM prorated down to three (3.0) FTE for one thousand (1,000) ADM; (IV) Two and one-half (2.5) FTE for computer technician positions at two thousand (2,000) ADM prorated down to two (2.0) FTE for one thousand (1,000) ADM. (D) For school districts with more than two thousand (2,000) ADM and less than or equal to four thousand (4,000) ADM: (I) One (1.0) FTE for a superintendent position; (II) Four (4.0) FTE for deputy/assistant superintendent positions at four thousand (4,000) ADM prorated down to three (3.0) FTE for two thousand (2,000) ADM; (III) Ten (10.0) FTE for secretary/accounting positions at four thousand (4,000) ADM prorated down to six and one-half (6.5) FTE for two thousand (2,000) ADM; (IV) Five (5.0) FTE for computer technician positions at four thousand (4,000) ADM prorated down to two and one-half (2.5) FTE for two thousand (2,000) ADM; (V) Three (3.0) FTE for director/coordinator positions at four thousand (4,000) ADM prorated down to zero (0.0) FTE for two thousand (2,000) ADM; (VI) One (1.0) FTE for a network supervisor position at four thousand (4,000) ADM prorated down to zero (0.0) FTE for two thousand (2,000) ADM; (VII) One (1.0) FTE for a software manager position at four thousand (4,000) ADM prorated down to zero (0.0) FTE for two thousand (2,000) ADM. (E) For school districts with more than four thousand (4,000) ADM and less than or equal to twelve thousand (12,000) ADM: (I) One (1.0) FTE for a superintendent position; (II) Four (4.0) FTE for deputy/assistant superintendent positions; (III) Twenty (20.0) FTE for secretary/accounting positions at twelve thousand (12,000) ADM prorated down to ten (10.0) FTE for four thousand (4,000) ADM; (IV) Fifteen (15.0) FTE for computer technician positions at twelve thousand (12,000) ADM prorated down to five (5.0) FTE for four thousand (4,000) ADM; (V) Nine (9.0) FTE for director/coordinator positions at twelve thousand (12,000) ADM prorated down to three (3.0) FTE for four thousand (4,000) ADM; (VI) Two (2.0) FTE for network supervisor positions at twelve thousand (12,000) ADM prorated down to one (1.0) FTE for four thousand (4,000) ADM; (VII) Two (2.0) FTE for software manager positions at twelve thousand (12,000) ADM prorated down to one (1.0) FTE for four thousand (4,000) ADM; (VIII) Ten (10.0) FTE for other central office professional positions at twelve thousand (12,000) ADM prorated down to zero (0.0) FTE for four thousand (4,000) ADM. (F) For school districts with more than twelve thousand (12,000) ADM: (I) One (1.0) FTE for a superintendent position; (II) Four (4.0) FTE for deputy/assistant superintendent positions; (III) Twenty (20.0) FTE for secretary/accounting positions prorated up from twelve thousand (12,000) ADM; (IV) Fifteen (15.0) FTE for computer technician positions prorated up from twelve thousand (12,000) ADM; (V) Nine (9.0) FTE for director/coordinator positions prorated up from twelve thousand (12,000) ADM; (VI) Two (2.0) FTE for network supervisor positions prorated up from twelve thousand (12,000) ADM; (VII) Two (2.0) FTE for software manager positions prorated up from twelve thousand (12,000) ADM; (VIII) Ten (10.0) FTE for other central office professional positions prorated up from twelve thousand (12,000) ADM. (xxviii) Central office nonpersonnel resources. Six hundred six dollars ($606.00) per ADM; (xxix) School custodians. Resourced at the highest prototypical school model for each school operating for the immediately preceding school year: (A) For schools with more than fifty (50) ADM, calculated using the average of the 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 (1.0) FTE for every thirteen (13) FTE resourced under paragraphs (ii) through (v) of this subsection; (II) One (1.0) FTE for every three hundred twenty-five (325) ADM; (III) One (1.0) FTE for every thirteen (13) classrooms; (IV) One (1.0) FTE for every eighteen thousand (18,000) square feet of authorized education space, as determined by W.S. 21-13-309(m)(v)(G). (B) District custodians. One (1.0) FTE for every eighteen thousand (18,000) square feet of authorized education space, multiplied by ten percent (10%) of the total authorized education space for all school buildings in the district, as determined under W.S. 21-13-309(m)(v)(G). (xxx) Maintenance workers. Resourced at the highest prototypical school model for each school operating for the immediately preceding school year: (A) A base FTE resourced using the average of the four (4) factors specified under subdivisions (I) through (IV) of this subparagraph, plus the additional adjustments to the base FTE amount as provided in subdivision (V) of this subparagraph: (I) One and one-tenth (1.1) FTE per school building; (II) One (1.0) FTE for every sixty thousand (60,000) square feet of authorized education space, as determined under W.S. 21-13-309(m)(v)(G), multiplied by one and two-tenths (1.2); (III) One (1.0) FTE for every one thousand (1,000) ADM, multiplied by one and three-tenths (1.3); (IV) One (1.0) FTE for every five million dollars ($5,000,000.00) of the school district's school year 2004-2005 general fund operating expenditures, multiplied by one and two-tenths (1.2); (V) 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) less the base FTE and for high schools equal to the product of the base FTE multiplied by two (2) less the base FTE; (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) less the base FTE 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) less the base FTE; (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) less the base FTE and the adjustments under subdivisions (1) and (2) of this subdivision. (xxxi) Groundskeepers. In making calculations under this paragraph: (A) For school land acreage containing more than one (1) school building, the resources shall be generated at the highest applicable prototypical school model using the total ADM of all schools on the land acreage; (B) Acreage acquired by a district after July 1, 1997 shall be calculated using the lesser of the actual site acreage on which the facility is situated or the acreage specified in the state construction department's rules, 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; (C) A base groundskeeper FTE for each school site for the immediately preceding school year shall be equal to the authorized acreage computed under subparagraphs (A) and (B) of this paragraph multiplied by ninety-three (93) hours per acre divided by two thousand 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; (D) Groundskeeper FTE positions for district level sites shall be equal to ten percent (10%) of the school level groundskeeper FTE positions calculated under subparagraph (C) of this paragraph. (xxxii) Operations and maintenance supplies. The authorized education space for each school building, as determined under W.S. 21-13-309(m)(v)(G), multiplied by one dollar and two cents ($1.02) per square foot and adjusted by a factor of one and one-tenth (1.1); (xxxiii) Utilities. Actual school year 2024-2025 general fund expenditures by school district excluding amounts reimbursed under W.S. 21-13-320 and 21-13-321 adjusted by the external cost adjustment in accordance with W.S. 21-13-309(o). For additional buildings added or removed from school district building inventories after school year 2024-2025, one hundred percent (100%) of 2024-2025 district average utility expenditures per gross square foot for district school buildings as adjusted by the external cost adjustment in accordance with W.S. 21-13-309(o) multiplied by the additional or removed square footage; (xxxiv) Salaries. The average salaries for the positions specified in this subsection shall be as follows: (A) Superintendents: one hundred sixty-four thousand three hundred sixty-seven dollars ($164,367.00); (B) Deputy/assistant superintendents: one hundred twenty-four thousand nine hundred ninety-four dollars ($124,994.00); (C) Director/coordinators: one hundred fifteen thousand nine hundred five dollars ($115,905.00); (D) Other central office professional personnel: ninety thousand dollars ($90,000.00); (E) Network supervisor/software managers: sixty-eight thousand five hundred sixteen dollars ($68,516.00); (F) Computer technicians: sixty thousand three hundred fifty-eight dollars ($60,358.00); (G) Principals: one hundred fifteen thousand nine hundred five dollars ($115,905.00); (H) Assistant principals: one hundred eight thousand nine hundred fifty-one dollars ($108,951.00); (J) Teachers, including instructional facilitators, tutors, counselors, pupil support, librarians and nurses: seventy-five thousand eight hundred sixty-three dollars ($75,863.00); (K) Secretary/accounting personnel: forty-seven thousand four hundred thirty-two dollars ($47,432.00); (M) Supervisory/library aides: twenty-nine thousand four hundred thirty-four dollars ($29,434.00); (N) Maintenance workers: fifty-three thousand seven hundred twenty-four dollars ($53,724.00); (O) Groundskeepers/custodians: thirty-seven thousand six hundred five dollars ($37,605.00); (P) Substitute teachers: one hundred eighty-five dollars ($185.00) per day. (xxxv) In determining the resources allocated to each school district, each salary specified in paragraph (xxxiv) of this subsection shall be adjusted in the following order: (A) Multiplied by the external cost adjustment adopted by the legislature pursuant to W.S. 21-13-309(o) and in accordance with paragraph (xxxviii) of this subsection; (B) Multiplied by the lowest regional cost adjustment specified in subsection (f) of this section for the applicable school year to establish a baseline salary; (C) The baseline salary for each position computed in subparagraph (B) of this paragraph shall be further multiplied by each school district's rebased regional cost adjustment determined in subsection (f) of this section for the applicable school year to determine the salary for each school district for each position. (xxxvi) Employer-paid payroll costs. In determining the resources allocated to each school district, each salary shall be multiplied by eight and forty-one hundredths percent (8.41%), including: (A) Social security equal to six and two-tenths percent (6.2%). Social security benefits shall be limited to each salary up to the maximum taxable earnings amount as of January 1 of the immediately preceding school year; (B) Medicare equal to one and forty-five hundredths percent (1.45%); (C) Workers' compensation equal to seven-tenths percent (0.7%); (D) Unemployment insurance equal to six-hundredths percent (0.06%). (xxxvii) Health insurance. Health insurance benefits shall be computed pursuant to W.S. 21-13-309(m)(v)(F); (xxxviii) External cost adjustment. The following categories of model components shall be adjusted by the external cost adjustment adopted by the legislature pursuant to W.S. 21-13-309(o): (A) "Education materials category" including the following components: (I) Instructional and library materials component resourced under paragraph (xxi) of this subsection; (II) Student activities component resourced under paragraph (xxiv) of this subsection; (III) Professional development component determined under paragraph (xxv) of this subsection; (IV) Central office nonpersonnel resources under paragraph (xxviii) of this subsection; (V) Operations and maintenance supplies resources under paragraph (xxxii) of this subsection. (B) "Energy category" includes the utilities component resourced under paragraph (xxxiii) of this subsection; (C) "Nonprofessional labor category" includes salaries for secretaries and accounting staff, supervisory and library aides, groundskeepers and custodians and maintenance workers identified under paragraph (xxxiv) of this subsection; (D) "Professional labor category" including salaries for superintendents, deputy and assistant superintendents, directors and coordinators, other central office professional personnel, network supervisors and software managers, computer technicians, principals, assistant principals and teachers identified under paragraph (xxxiv) of this subsection. (d) Amounts resourced through the education resource block grant model for FTE generated pursuant to paragraphs (c)(ii) through (x) of this section shall only be expended by a school district for instructional purposes and shall not be expended or transferred for any other purpose. As used in the subsection, "instructional purposes" includes individual, group or class instructional activities to provide educational programs required under W.S. 21-9-101 by teachers, tutors, paraeducators or instructional aides or any combination thereof, the use of instructional facilitators or any other instructional activity to assist in the instructional process. Nothing in this subsection shall prohibit a district from hiring fewer or more positions than resourced under paragraphs (c)(ii) through (x) of this section, prohibit a district from hiring paraeducators or instructional aides for instructional purposes or prohibit a district from contracting to deliver the educational program. Expenditures related to technology and equipment or instructional materials are not appropriate expenditures for instructional purposes under this subsection. (e) Notwithstanding any other provision of law, co-located schools shall be treated as a single school for purposes of funding, staffing and resource allocation through the education resource block grant model. The ADM for co-located schools shall be aggregated, and no component of the education resource block grant model, or any categorical allocation shall be calculated or distributed on a separate or duplicative basis for co-located schools, unless expressly authorized by law. (f) The salary for each staffing category shall be further adjusted for regional cost differences as follows: (i) By the hedonic wage index as computed in the 2025 cost of education study. For school year 2027-2028 and each year thereafter, the hedonic wage index shall be updated annually by the legislative service office until it is recalibrated in accordance with W.S. 21-13-309(t). Each salary under paragraph (c)(xxxiv) of this section shall be adjusted by the lowest annual hedonic wage index to establish a baseline state average salary for each position in the education resource block grant model. The baseline state average salary shall be further adjusted by each school district's rebased hedonic wage index with a minimum of one hundred (100) as the index value or an adjusted rebased hedonic wage index as computed in paragraph (ii) of this subsection; (ii) If the difference between a school district's rebased Wyoming cost-of-living index and its rebased hedonic wage index is greater than thirty-three (33) percentage points, the difference, less thirty-three (33) percentage points, shall be added to a district's rebased hedonic wage index. The version of the Wyoming cost-of-living index used under this paragraph 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 and each semi-annual index report shall be rebased with the minimum of one (100) as the index value.

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21-13-310. Annual computation of district revenues.

(a) To ensure revenues available to each district are uniformly sufficient to enable compliance with the uniform standards for educational programs prescribed under W.S. 21-9-101 and 21-9-102 and to secure state board accreditation of educational programs under W.S. 21-2-304(a)(ii), the revenues specified under this subsection shall be deemed state revenues and shall be considered in determining the amount to be distributed to each district under W.S. 21-13-311. A district shall make an annual computation of the following revenues: (i) The revenue collections estimated to be received by each district during the school year as its proportionate share of the county six (6) mill levy imposed under W.S. 21-13-201(a) as certified on August 10 under W.S. 39-11-102.1(c)(v) for that school year; (ii) The required local tax effort in the current school year for the assessment and levy of school taxes by the district according to the following schedule: (A) Any district actually and physically operating a school within the boundaries of the district offering instruction in kindergarten through grade twelve (12), the amount of revenue collections estimated to be received during the school year under the twenty-five (25) mill local district levy as certified on August 10 under W.S. 39-11-102.1(c)(v) for that school year; (B) Any nonunified district actually and physically operating a school within the boundaries of the district offering instruction in kindergarten through grade eight (8), the amount of revenue collections estimated to be received during the school year under the number of mills levied pursuant to W.S. 21-13-102(a)(ii)(A), as certified on August 10 under W.S. 39-11-102.1(c)(v) for that school year. (iii) Repealed by Laws 1981, ch. 43, § 2. (iv) Repealed By Laws 2000, Ch. 12, § 3. (v) The district's share of fines and forfeitures distributed to it during the previous school year, including penalties distributed under W.S. 35-11-424(c); (vi) The district's share of forest reserve funds distributed to it during the previous year under W.S. 9-4-504; (vii) The district's share of Taylor Grazing Act funds distributed to it during the previous school year under W.S. 9-4-402; (viii) The district's share of the county motor vehicle fund distributed to it during the previous school year by the county treasurer under W.S. 31-3-103; (ix) The amount of tuition paid to the district during the previous school year, including any amount charged under W.S. 21-4-501 and any amount assessed in excess of the costs incurred for adult education programs, summer school programs, programs provided under an agreement for cooperative educational programs under W.S. 21-20-101 through 21-20-111 and any amount assessed for programs and services for children with disabilities, but excluding any tuition assessed by a district for the provision of virtual education programs to participating students pursuant to W.S. 21-13-330, any tuition assessed by a district for the provision of part-time educational programs to participating students pursuant to W.S. 21-2-904(b)(i)(C) and 21-4-502(c), any revenues received by a district from post secondary education option programs provided under W.S. 21-20-201 or for the provision of educational programs to a nonresident student placed in a juvenile detention facility pursuant to an agreement with the student's resident school district; (x) Repealed by Laws 1990, ch. 122, § 2. (xi) Repealed by Laws 1999, ch. 110, § 209. (xii) The district's share of interest and penalties on delinquent taxes under W.S. 39-13-108(b)(ii) and (c) distributed to it during the previous school year by the county treasurer; (xiii) The district's share of railroad car company taxes distributed to it during the previous school year by the county treasurer under W.S. 39-13-111(a)(iii); (xiv) Except as provided under W.S. 21-15-123(f)(vi), any amount received by the district during the preceding school year from the sale of real or personal property which was not owned by the district prior to July 1, 1997; (xv) One-half (1/2) of the amount of realized investment earnings received on school district investments; (xvi) All other revenues received or collected by the district during the previous school year, but excluding any amount received from private contributions and gifts, excluding any revenues dedicated by law to the payment of bonded indebtedness, and any revenues from the disposition of school buildings and land pursuant to W.S. 21-15-123(f)(vi), and excluding fees or other charges imposed by the district for goods or services, such as rental fees and the price paid for admission into any place for recreation, entertainment or an athletic event. Upon application of a district, the department shall exclude from this paragraph revenue received by the district if the department finds that the revenue could not be used by the district to provide educational services to students. (b) On or before July 10 of each year the county treasurer of each county shall certify to the state superintendent, in such form as the state superintendent shall provide, a report of monies distributed by him to each district within the county during the previous school year. (c) Annually, commencing on July 30, 1984, the state board of equalization, when determinable, shall certify to the department of education whether or not the level of local assessments for any category in each county is in accord with the requirements of the board of equalization and, if not, the percent by which the assessments are below the board's requirements. (d) As used in this section, "revenue collections estimated to be received" means nonmineral ad valorem taxes due in accordance with W.S. 39-13-107(b)(i)(D) as certified on August 10 under W.S. 39-11-102.1(c)(v) and monthly payment of ad valorem taxes on mineral production due in accordance with W.S. 39-13-113. (e) Repealed by Laws 1989, ch. 260, § 3. (f) Repealed by Laws 1990, ch. 122, § 2. (g) Repealed by Laws 1993, ch. 107, § 2.

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21-13-311. Determination of amount to be distributed to

each district from foundation account; undistributed balance; prohibition on expenditures. (a) The amount of money which shall be distributed to each district in accordance with this article from the public school foundation program account shall be determined by subtracting the sum of the district revenues computed in accordance with W.S. 21-13-310 from the total amount of the foundation program computed in accordance with W.S. 21-13-309. (b) Repealed By Laws 1997 Special Session, ch. 3, § 304. (c) The amount of the foundation account which is not distributed in any year, for any reason, shall be held in the foundation account for distribution in subsequent years in accordance with this article. (d) Effective school year 2011-2012 and each school year thereafter, no foundation program funds distributed under subsection (a) of this section shall be expended by any district for conducting random drug testing of students within the district without prior approval of the student's parents.

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21-13-312. Prorating payments when income from foundation account insufficient.

(a) To preserve the integrity of the foundation account for the biennium and so that payments can be made during the full school year for each year of the biennium, if it appears to the state superintendent that the income available to the foundation account is not sufficient to meet the payments as provided by law: (i) The state superintendent shall determine a uniform percentage by which the amount guaranteed to each district under W.S. 21-13-309 shall be reduced so that available revenues in the foundation account for that school year are as nearly as possible equal to the amount necessary to fund payments to districts under W.S. 21-13-313; and (ii) The revenue to be rebated by a district under W.S. 21-13-102(b) shall be adjusted based upon the guaranteed amount for that district determined under paragraph (a)(i) of this section.

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21-13-313. Distribution of funds from foundation account; property tax and cash reserve adjustment; regulations.

(a) For each school year the state auditor, on the certification of the state superintendent, shall draw warrants on the state treasurer for the amount of money which shall be distributed to each district from the foundation account as computed under W.S. 21-13-311. The warrants, payable to the treasurer of the district concerned, shall be delivered to the state superintendent for distribution to the several school districts. (b) The state superintendent shall determine on or before September 1 of each year the tentative allotment of foundation funds to which each district is entitled under this article. In making this determination, the state superintendent may, if current fiscal information required by law to compute the tentative allotment is not available for any district, use fiscal information available to the state superintendent from the foundation program computations of the previous school year for that district. The previous year's fiscal information shall be adjusted to reflect current fiscal changes and other information known by or available to the state superintendent. Upon receiving actual fiscal information from a district, the state superintendent shall accordingly adjust future foundation program determinations for that district such that foundation program payments appropriately reflect current fiscal information for the applicable school year. (c) Ten percent (10%) of each district's entitlement shall be paid to the district on or before July 15 of each year and subject to any adjustment under subsections (d) and (e) of this section, nine percent (9%) of each district's entitlement shall be paid on or about the fifteenth day of each month through April of each year. The final payment for the balance of each district's entitlement shall be distributed on or before May 15 of each year. If the state superintendent determines that the entitlement to be paid to a district for that school year is not accurate, the state superintendent shall adjust payments to or payments from that district as necessary to correct the inaccuracy as soon as practicable. Except as provided under W.S. 21-2-202(e) and 21-13-307(b), after June 30 of any school year, the state superintendent shall not adjust any district's entitlement or fiscal information used to compute a district's entitlement for that school year, and the entitlement or fiscal information shall only be adjusted thereafter in accordance with audit review pursuant to W.S. 9-1-513. (d) On or before August 15 of the succeeding fiscal year, each school district shall report the amount of revenue it received during the preceding fiscal year attributable to levies provided by W.S. 21-13-102(a)(i)(A) and (ii)(A) and 21-13-201 regardless of the assessment year, but not to include assessments from years prior to July 1, 1991. If those revenues reported are less than the revenues estimated under W.S. 21-13-310(a)(i) and (ii) for that fiscal year, as applicable, and if the district's total revenues computed under W.S. 21-13-310 for that fiscal year continue to be less than the total foundation program amount computed under W.S. 21-13-309, the school district shall be paid the difference by October 15 from the public school foundation program account. No amount in excess of the total foundation program amount computed for any district for that fiscal year shall be paid from the public school foundation program account for purposes of this subsection. Any amount paid under this subsection shall not thereafter be relevant to or used for future foundation program calculations. If those revenues reported are greater than the revenues estimated under W.S. 21-13-310(a)(i) and (ii) for that fiscal year, as applicable, the excess shall be included as revenues of the district under W.S. 21-13-310 in computing the foundation entitlement for the succeeding fiscal year. (e) Not later than January 31 of each fiscal year, and except where a different percentage is otherwise specified in this subsection, the department shall compute the amount by which each district's operating balance and cash reserves at the end of the preceding fiscal year exceed twenty percent (20%) of the total foundation program amount computed under W.S. 21-13-309, 21-13-309.1, 21-13-321 and 21-13-339 for the preceding fiscal year. Revenues from settlements of protested amounts attributable to levies assessed under W.S. 21-13-102(a)(i)(A) and (ii)(A) and 21-13-201, regardless of the assessment year, shall be accounted for and excluded from the calculation under this subsection for a period of not more than one (1) year following that fiscal year in which the revenue was received by a district, as verified in writing by the district and certified by the county treasurer. Except as excluded under this subsection, that excess shall be deemed to be a state revenue under W.S. 21-13-310(a) for the purpose of determining distributions under W.S. 21-13-311 and amounts to be rebated under W.S. 21-13-102. The department shall promulgate rules, including reporting requirements and procedures for districts, to implement this subsection. As used in this section, "operating balance and cash reserves" means those financial resources of the district which are not encumbered by the district board of trustees for expenditure to meet an existing legal obligation or otherwise restricted by law or regulation for expenditure on specific educational programs. For purposes of this subsection, any balance within a district's separate account established under W.S. 21-15-109(e) for major building and facility repair and replacement shall be deemed restricted by law for expenditure as provided by W.S. 21-15-109(e) and shall not be considered an operating balance and cash reserve under this section. For the fiscal year ending June 30, 2022 through the fiscal year ending June 30, 2028, the department shall compute the amount by which each district's operating balance and cash reserves at the end of the preceding fiscal year exceed thirty percent (30%) of the total foundation program amount computed under W.S. 21-13-309, 21-13-309.1, 21-13-321 and 21-13-339 for the preceding fiscal year. (f) Repealed By Laws 1998, ch. 2, § 803. (g) In addition to subsections (b) and (c) of this section, the state superintendent shall, for any district subject to W.S. 21-13-102(b) as determined by the department for any school year, or for any district not subject to W.S. 21-13-102(b) whose entitlement amount determined under W.S. 21-13-311(a) for any school year is equal to or less than twenty percent (20%) of the foundation program amount computed under W.S. 21-13-309(p), and upon demonstration by the district of financial need as documented by cash flow analysis, provide payments from the public school foundation program account in an amount not to exceed one-fifth (1/5) of the foundation program amount computed for that district for that school year in accordance with W.S. 21-13-309. The computed amount shall be paid to each eligible district on or after July 1 based upon tentative computations under W.S. 21-13-309, for which the department may use fiscal information available from foundation program computations for the previous school year in the manner provided under subsection (b) of this section. Any district receiving a payment under this subsection shall repay the public school foundation program account not later than June 15 of that school year.

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21-13-314. Repealed by Laws 1983, ch. 136, § 3.

Repealed by Laws 1983, ch. 136, § 3.

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21-13-315. Costs of court ordered placement of children in

private residential treatment facilities, group homes, day treatment programs and juvenile detention facilities. (a) The department of family services shall establish an account to pay residential and treatment costs excluding educational and medical costs of court ordered placements of children in private residential treatment facilities and group homes located in Wyoming. Programs providing education services including programs for children with disabilities provided by a board of cooperative educational services, shall bill the department of education directly for educational costs of court ordered placements. In addition, costs of all services provided pursuant to a student's individualized education program, including special education services, related services and supplementary aids and services for children with disabilities and costs of education assessment for other children incurred as a result of court order prior to any placement, shall be billed directly to the department of education. The department of family services shall promulgate reasonable rules and regulations to provide procedures for implementing subsection (m) of this section. If the court rejects an in-state placement recommendation of the predisposition report or multidisciplinary team under W.S. 14-6-227 or 14-6-427, the court shall enter on the record specific findings of fact relied upon to support its decision to deviate from the recommended disposition. No court shall order an out-of-state placement unless: (i) Evidence has been presented to the court regarding the costs of the out-of-state placement being ordered together with evidence of the comparative costs of any suitable alternative in-state treatment program or facility, as determined by the department of family services pursuant to paragraph (d)(vii) of this section, whether or not placement in the in-state program or facility is currently available; (ii) The court makes an affirmative finding on the record that no placement can be made in a Wyoming institution or in a private residential treatment facility or group home located in Wyoming that can provide adequate treatment or services for the child; and (iii) The court states on the record why no in-state placement is available. (b) Except to the extent costs are covered under subsection (n) of this section, the department of education using federal or foundation funds, or both, shall pay for the allowable education costs of juvenile and district court ordered placements of children residing in private treatment facilities and group homes where a fee is charged, including court ordered placements in programs for children with disabilities provided by a board of cooperative educational services. No district shall receive funds, either directly or indirectly, from any facility or home receiving payment under this section for providing education programs and services to children placed and residing in the facility or home, but the district may count the children among its average daily membership if the district provides education services directly to the children or pays another district to provide education services to the children pursuant to contract. The department of education shall adopt reasonable rules and regulations prescribing standards and allowable costs for educational program services funded under this section. Standards shall be subject to W.S. 21-9-101 and 21-9-102 and rules and regulations of the state board and shall be designed to fit the unique populations of residential centers, group homes, programs and services provided by boards of cooperative educational services and out of state placement facilities. (c) Costs shall be billed monthly by the program provider to: (i) The department of family services account for residential and treatment services; and (ii) Except to the extent costs are covered under subsection (n) of this section, the department of education for approved educational services specified under subsection (b) of this section. (d) If a placement of a child is to be made and funded under this section, the predisposition study required by W.S. 14-6-227 or 14-6-427 shall include: (i) A description of efforts to provide services to the child in the home prior to placement; (ii) Contact with other agencies involved with the child. At a minimum, those contacted shall include the child's school and the field office of the department of family services; (iii) The presence of any preexisting and identified handicapping conditions; (iv) A review of the financial resources of the child's parent or guardian; (v) A certification by the department of family services that funding for the placement is available within the appropriation. The placement of the child shall not be funded under this section if the department of family services is unable to make the certification. The department of family services shall make the certification only if unencumbered funds are available within the appropriation making allowance for the costs for children already placed. Funds shall not be certified available if an adequate, less restrictive, less expensive placement is available; (vi) The names of persons and agencies contacted in preparing the report; and (vii) If an out-of-state placement is under consideration, the name, address, program description and costs of each Wyoming institution and each private residential treatment facility and group home located in Wyoming that the department of family services has determined can provide adequate treatment or services for the child, and whether placement in the in-state institution, treatment facility or group home is available. (e) If at any time the placement is found to be educationally inappropriate or not the least restrictive placement available, the placement shall be referred back to the court with a recommendation on what would be a suitable placement. (f) Only group homes and residential treatment facilities certified by the department of family services are eligible to receive funding for residential and treatment services under this section. Costs for education services shall be paid by the department of education under this section only if the educational program of the group home or residential treatment facility or the program provided by the board of cooperative educational services meets the standards of subsection (b) of this section and has been approved by the department. The department of family services and the department of education shall provide the courts with a list of approved facilities and services. The court shall determine the parents' or the guardian's contribution to the court ordered placement for all costs excluding necessary education costs based on the parents' or guardian's ability to pay as provided by W.S. 14-6-236 or 14-6-435. (g) Repealed by Laws 1987, ch. 221, § 2. (h) In the placement order the court shall declare the child's school district or school districts of residency in any district or districts which it deems proper in the best interests of the child. The declaration by the court shall be binding upon the school districts. (j) In the placement order the court shall determine that adequate efforts were made to maintain the child in the child's home prior to placement. (k) Except as otherwise provided by law, this section applies to children who are at least five (5) years of age as of August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxviii), of the year in which they may register in kindergarten as provided in W.S. 21-4-302(b) but who are under twenty-one (21) years of age. (m) The department of family services shall regularly monitor the amount of unencumbered funds available within the appropriation making allowance for the costs for children already placed. If the projected costs exceed the amount available, the division shall terminate its contracts for services under this section after notice of thirty (30) days and reduce the rates it pays to all providers by a uniform percentage. The percentage shall be determined by the division and shall bring the costs and projected fund availability into balance. The division shall readjust rates dependent upon change in availability of funds. (n) Prior to billing the department of education under paragraph (c)(ii) of this section, program providers shall bill the department of health for costs of approved educational services covered under the school health program under the Wyoming Medical Assistance and Services Act pursuant to W.S. 42-4-103(a)(xxx).

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21-13-316. Interfund borrowing.

(a) The state treasurer may utilize interfund loans to the public school foundation program account to ensure statutory payments are made when dedicated revenues are not yet received. Interfund loans under this subsection may be made from the legislative stabilization reserve account or, to the extent insufficient funds exist in the legislative stabilization reserve account, the common school account within the permanent land fund. Any interfund loans executed pursuant to this section shall be repaid in whole or in part periodically as soon as public school foundation program account revenues permit. (b) Repealed by Laws 1988, ch. 82, § 2.

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21-13-317. Repealed By Laws 1997 Special Session, ch. 3, § 304.

Repealed By Laws 1997 Special Session, ch. 3, § 304.

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21-13-318. Repealed By Laws 2006, Chapter 37, § 2.

Repealed By Laws 2006, Chapter 37, § 2.

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