2003 General Session Journal Digest for HB0078 School finance-amendments.

H.B. No. 0078

School finance-amendments.

Sponsored By: Joint Education Interim Committee

AN ACT relating to public schools; continuing special education reimbursement-based funding subject to specified modifications; imposing additional subject and grade level requirements upon statewide student assessments; establishing a statewide design team for education accountability; continuing funding model component studies for regional cost, at-risk students and small schools; modifying reading assessment and intervention program funding; delaying implementation of classified staff adjustment; providing specified technical modifications; imposing related duties upon the state superintendent of public instruction and establishing advisory groups to assist with education information and reporting; providing appropriations and authorizing positions; and providing for effective dates.

1/3/2003 Bill Number Assigned

1/14/2003 H Received for Introduction

1/14/2003 H Introduced and Referred to H04

2/3/2003 H04 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Bucholz, Gentile, Hinckley, Lockhart, McOmie, Robinson and Wasserburger

Nays: Representative(s) Semlek and Wostenberg

Ayes 7 Nays 2 Excused 0 Absent 0 Conflicts 0

2/3/2003 H Rereferred to H02

2/6/2003 H02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Jones, Jorgensen, Meuli, Nicholas, Reese and Tipton

Excused: Representative(s) Philp

Ayes 6 Nays 0 Excused 1 Absent 0 Conflicts 0

2/6/2003 H Placed on General File

2/10/2003 H Amendments Considered

HB0078HS001.01/AC (CORRECTED COPY) (DIVIDED AMENDMENT) ADOPTED

Page 1-line 3 After ";" delete balance of line.

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Page 1-line 5 After "for" insert "student assessment review and".

Page 1-line 13 After ";" insert "providing for development of funding model guide;".

Page 2-line 5 Delete "(c) and".

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"Section 102. W.S. 21‑13‑321(c) is repealed."

Page 5-line 2 Delete "November" insert "October".

Page 5-lines 9 through 24 Delete and renumber.

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Page 8-lines 1 and 2 Delete.

Page 8-line 6 Delete "assist the".

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Page 8-line 9 Delete line through "shall" insert ":

(i) Conduct a review of the statewide assessment system established under W.S. 21‑2‑304(a)(v). The assessment system shall measure student progress based upon the uniform educational program established under W.S. 21‑9‑101 and measurable, academic student performance standards imposed by law and by rule and regulation of the state board of education. The assessment system shall be reviewed and modified if deemed necessary to improve teaching and learning within the state and foster school improvement. The assessment system shall be aligned to the statewide education program standards and measure year-to-year changes in student achievement, as required by the federal No Child Left Behind Act of 2001;

(ii)".

Page 8-line 16 Delete "subsection" insert "paragraph".

Page 8-lines 23 and 24 Delete.

Page 9-lines 1 through 19 Delete and insert and renumber as necessary:

"(b) The statewide task force created under subsection (a) of this section shall be comprised of the following:

(i) One (1) member who is a school district superintendent appointed by the state superintendent of public instruction;

(ii) One (1) member who is a secondary school principal from a Wyoming school district appointed by the Wyoming association of secondary school principals;

(iii) One (1) member who is an elementary school principal from a Wyoming school district appointed by the Wyoming association of elementary school principals;

(iv) One (1) member who is a teacher in a Wyoming school district appointed by the state superintendent of public instruction;

(v) One (1) member who is a special education program or service instructor and provider for children with disabilities appointed by the state superintendent of public instruction;

(vi) One (1) member who is serving as a trustee on a Wyoming school district board of trustees appointed by the Wyoming school boards association;

(vii) One (1) member serving on the Wyoming state board of education elected by the board as representative;

(viii) One (1) member who is a school district curriculum director appointed by the state superintendent of public instruction;

(ix) One (1) member appointed by the governor to represent private business;

(x) One (1) member of the Wyoming senate appointed by the president of the senate;

(xi) One (1) member of the Wyoming house of representatives appointed by the speaker of the house; and

(xii) Two (2) members who are parents of school children appointed by the governor.

Page 9-line 21 Delete "subsection (a)" insert "paragraph (a)(ii)".

Page 10-line 21 Delete "state department" insert "statewide task force".

Page 11-line 6 After "under" insert "paragraph (a)(ii) of".

Page 11-line 9 After "department" insert "of education".

Page 11-line 14 Delete "November" insert "October".

Page 11-line 21 Delete "202" insert "201".

Page 12-line 19 Delete "November" insert "October".

Page 14-line 2 Delete "November" insert "October".

Page 14-line 21 Delete "November" insert "October".

Page 15-line 11 After "establish" insert "multiple".

Page 16-After line 6 insert and renumber:

"(b) Study findings and recommendations developed under subsection (a) of this section assembled for review by the joint education interim committee shall be reported to the committee on or before October 1, 2003.".

Page 18-line 4 Delete "that" insert "than".

Page 20-line 17 Delete "November 30" insert "October 1".

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"[SECTION 8. SCHOOL FINANCE GUIDE]

Section 801.

The state department of education shall develop a fundamental comprehensive guide to the education resource block grant model, providing detailed explanation and itemization of model prototypes. The state department shall consult with the legislative service office in developing the guide, and shall periodically report to the joint education interim committee on the design and preliminary development of the guide. The final report on the comprehensive guide shall be submitted to the joint education interim committee not later than October 1, 2003."

Page 21-line 23 After "(a)" delete balance of the line.

Page 21-line 24 Delete through "($888,382.00)" insert "Eight hundred seventy-one thousand seventeen dollars ($871,017.00)".

Page 22-line 3 Delete "102" insert "103".

Page 22-line 5 Delete "five (5)" insert "four (4)".

Page 22-line 15 Delete "One hundred thousand dollars ($100,000.00)" insert "Two hundred fifty thousand dollars ($250,000.00)".

Page 22-line 19 Delete "202" insert "201"; after "act" insert ", including funding necessary staff support and consultants to the task force. The state department of education shall provide necessary staff support for the statewide task force".

Page 25-After line 8 insert:

"(k) Fifty thousand dollars ($50,000.00) is appropriated from the general fund to the state superintendent of public instruction to develop the school finance guide required under section 901 of this act. Funds appropriated under this subsection may be used to fund consulting expertise and staff support as required by the department of education in developing the required guide.".

Page 25-line 18 Delete "102(b), 202, 203" insert "103(b), 201, 202"; delete "and" insert ",".

Page 25-line 19 After "801" insert "and 901". WASSERBURGER, CHAIRMAN

HB0078HS001.02/FC (CORRECTED COPY) (DIVIDED AMENDMENT) FAILED

Page 1-line 13 After ";" insert "providing for a review of a proposed funding model; providing for full kindergarten program assistance;".

Page 21-After line 17 insert and renumber:

"[SECTION 8. PROPOSED FUNDING MODEL REVIEW]

Section 801. The joint education interim committee shall review the existing school funding model and the school funding model proposed by the Wyoming school boards association, the Wyoming association of school administrators and the Wyoming association of school business officials. This review shall be conducted with the assistance of committee staff, the state department of education, the attorney general's office and necessary expertise from the University of Wyoming. The review conducted pursuant to this section shall be completed in sufficient time to report its initial findings to the joint education interim committee by October 1, 2003.

[SECTION 10. FULL-DAY KINDERGARTEN ASSISTANCE]

Section 1001.

(a) The legislature recognizes the benefits provided to Wyoming students through full-day kindergarten programs. Further, the legislature, in making state funds available for full-day kindergarten programs, recognizes the increased need for these programs from economically disadvantaged students.

(b) Effective for school year 2003-2004, any school district providing kindergarten instruction for the entire school day may apply to the state department of education for assistance under this section. Applications shall be submitted to the department in a manner and form prescribed by the department and shall specify the number of students receiving full day kindergarten instruction within the district during school year 2002-2003, the number of district kindergarten students estimated for school year 2003-2004 and the number of estimated kindergarten students anticipated by the district to receive full-day kindergarten instruction during school year 2003-2004. Applications shall be submitted by districts to the department not later than June 1, 2003.

(c) The department shall determine the amount of funding necessary to provide a full-day kindergarten program in each applicant district for school year 2003-2004. Computations made pursuant to this subsection shall increase amounts available to the applicant district under W.S. 21‑13‑309(p) for kindergarten students within that district for school year 2003-2004, based upon the number of students receiving kindergarten instruction as adjusted by the sixty (60) day recalculation date in accordance W.S. 21‑13‑309(q)(i) as reported to the department on or before December 15, 2003. Amounts made available to the district under this section shall cover costs incurred for provision of full day instruction. Amounts distributed under this section shall be in addition to and are separate from any amount distributed to a district under the education resource block grant model.

(d) Distributions to applicant school districts under this section shall be made by the department from amounts appropriated for this purpose under this act on or before February 15, 2004, subject to the following:

(i) Distributions shall first be made to districts based upon amounts computed under subsection (c) of this section for kindergarten students attending schools receiving federal Title I funds or schools designated as in need of improvement under the federal No Child Left Behind Act of 2001;

(ii) If amounts appropriated for purposes of this section are not sufficient to make distributions to districts based upon the amounts computed under subsection (c) of this section for those students identified under paragraph (i) of this subsection, the department shall determine a uniform percentage by which distributions to these districts are reduced with distributions as nearly as possible equal to the amount originally computed;

(iii) If any amounts appropriated for purposes of this section are remaining following distributions made under paragraph (i) of this subsection, the department shall make distributions to applicant districts for those students receiving full-time kindergarten instruction in schools within the district which do not receive federal Title I funds or are not designated as in need of improvement under the federal No Child Left Behind Act of 2001;

(iv) If amounts appropriated for purposes of this section are not sufficient to make distributions to districts based upon the amounts computed under subsection (c) of this section for those students identified under paragraph (iii) of this subsection, the department shall determine a uniform percentage by which distributions to these districts are reduced with distributions as nearly as possible equal to the amount originally computed.

(e) In addition to any other information which may be required by the department, school districts receiving distributions under this section shall report expenditures to the department in a manner and at a date specified by the department. The department shall submit information reported under this subsection to the joint education interim committee on or before December 1, 2003.".

Page 23-line 13 After "(e)" delete balance of line.

Page 23-line 14 Delete "($325,000.00)" insert "Three hundred thousand dollars ($300,000.00)".

Page 25-After line 8 insert:

"(k) Twenty-five thousand dollars ($25,000.00) is appropriated from the general fund to the legislative service office to fund implementation of section 801 of this act.

(n) Seven million dollars ($7,000,000.00) is appropriated from the budget reserve account to the department of education for distributions to school districts for full-day kindergarten instruction pursuant to section 1001 of this act.".

Page 25-line 19 After "801" insert ",1001 and 1101". WASSERBURGER, CHAIRMAN

2/10/2003 H Passed CoW

2/11/2003 H Laid Back Pursuant to HR 9-3

2/12/2003 H Amendments Considered

HB0078H2001/F FAILED

Page 1-line 13 After ";" and following the first standing committee amendment (HB0078HS001.01/AC) to this line, insert "providing for reorganization of school districts as specified;".

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. REORGANIZATION OF SCHOOL DISTRICTS]

Section 901. W.S. 21‑6‑201(a)(intro), 21‑6‑202(a)(i), (iv) and by creating new paragraphs (v) and (vi), 21‑6‑207(b)(i),(iv) and (vi) and by creating a new subsection (d), 21‑6‑210 through 21‑6‑213, 21‑6‑215 through 21‑6‑217, 21‑6‑219(a), 21‑6‑220, 21‑6‑224(a) and 21‑6‑225 are amended to read:

21‑6‑201. Purpose.

(a) The legislature of the state of Wyoming hereby declares that this article is passed to provide for the ~~organization,~~ reorganization ~~and boundary adjustment~~ of the school districts in this state ~~whereby school districts can be organized to:~~ into countywide unified school districts.

21‑6‑202. Definitions.

(a) As used in this article:

(i) "School district" ~~includes~~ means countywide unified school districts and elementary school districts authorized under W.S. 21‑6‑224 as defined under paragraph (a)(iv) of this section;

(iv) "Unified school district" means a district supporting ~~at least~~ grades kindergarten ~~or one (1)~~ through twelve (12) under the control of one (1) board of trustees and administered by one (1) superintendent of schools, that offers an adequate and integrated educational program, and whose boundaries are the boundaries of the county in which the district is located. The requirement of having school district boundaries identical to county boundaries does not apply where on July 1, 2003, a district included portions of two (2) or more counties. In those cases, a district which included portions of two (2) or more counties on July 1, 2003, shall be included in the district for the county in which the greatest portion of the original district was located;

(v) "Plan of organization" means a plan which places all the territory of a county into one (1) unified district as defined under paragraph (a)(iv) of this section;

(vi) "County committee" means a committee comprised of least one (1) representative of the boards of trustees of each school district situated within the county, which serves as the county planning committee for the reorganization of countywide school districts under this article.

21‑6‑207. Duties of county committees.

(b) Except as provided in this subsection, all actions taken under this article shall conform to the following criteria:

(i) Countywide school districts shall be organized as efficient administrative units considering primarily the education, convenience and welfare of the children;

(iv) All territory within a countywide unified school district shall be a single area from which trustees are elected at-large or be divided into trustee residence areas. Each trustee residence area shall be contiguous. In establishing trustee residence areas, the structure for election of trustees shall be in accordance with W.S. 21‑3‑111(b);

(vi) Each ~~proposal~~ plan of reorganization shall include provisions for educational opportunity and services as nearly equal as possible in all areas of each district.;

(d) Each county planning committee shall:

(i) Prepare and submit to the state committee before January 1, 2006, a plan of reorganization conforming to the criteria and procedures specified in this article for the reorganization of unified school districts within the county;

(ii) Hold at least one (1) public hearing within the county on its proposal for the reorganization plan. Notice of each hearing shall be published in a newspaper of general circulation in the county at least once each week for the two (2) weeks immediately preceding the time set for the hearing. The notice shall contain a statement of the time and place of the hearing and a brief summary of its purpose. In addition, at least ten (10) days and not more than fourteen (14) days before the hearing, a copy of the notice shall be sent to each school district trustee residing in the area involved in the hearing;

(iii) Include as part of its reorganization plan:

(A) Recommendations on the location of schools, the utilization of existing buildings, allocation of existing indebtedness, the employment of existing personnel and the transportation requirements under the proposed plan for the organization of the reorganized district, together with the time period under which recommendations are to be accomplished;

(B) A summary of the reasons for the plan;

(D) A summary of any anticipated modifications to educational programs;

(E) The number of trustees and the manner of trustee selection for the countywide unified school district in accordance with W.S. 21‑6‑215;

(F) The proposed effective date for school district reorganization under the plan, including dates for accomplishment of recommendations required under subparagraph (d)(iii)(A) of this section;

(G) Other reports, records and materials as the county committee or the state committee determines necessary.

(iv) Report to the joint education interim committee and the joint appropriations committee not later than September 1, 2004, the extent to which reorganization may result in a reduction in total federal revenues available to the reorganized district as compared with that available to all existing districts within the county. The joint education committee, in consultation with the joint appropriations committee, shall recommend legislation prior to the 2005 general session of the legislature to minimize the impact of reorganization on the availability of federal revenue.

21‑6‑210. Powers and duties of state committee.

(a) The state committee shall:

(i) ~~Aid~~ Assist the ~~district boundary boards~~ county committees in carrying out ~~the powers and~~ their duties ~~vested in and~~ imposed ~~upon those boards~~ by this article, ~~by furnishing assistance of the employed staff of the department, as authorized by the state superintendent, and provide plans for procedure, standards, data, maps and other~~ including the provision of information and services ~~for district boundary boards throughout the state as it appears to the state committee~~ necessary ~~or desirable~~ to carry out the purposes of this article;

(ii) Receive, file and review ~~all proposals~~ plans for ~~organization,~~ reorganization ~~and boundary adjustments~~ of school districts submitted to it by ~~a district boundary board~~ county committees and either approve the ~~proposals~~ plans or reject them with reasons for rejections and recommendations for making the ~~proposal~~ plans acceptable as provided in W.S. 21‑6‑211.

21‑6‑211. Approval or rejection of countywide reorganization plans by state committee; reorganization of noncomplying districts.

(a) Within ninety (90) days after receipt of a ~~proposal~~ plan from any ~~district boundary board~~ county committee, the state committee shall either approve or reject the ~~proposal~~ plan and notify the ~~district boundary board~~ appropriate county committee of its action. ~~In approving or rejecting a proposal, the state committee shall consider the effect of the proposal upon the purposes stated in this article. No proposal shall be approved if in the opinion of~~ The state committee it shall reject a plan only if it fails to reorganize the districts within a county into one (1) countywide unified district on or before January 1, 2007, or otherwise fails to comply with the provisions or purposes of this article. If a ~~proposal~~ plan is rejected, the state committee shall enter its order with reasons for the rejection and recommendations for making the ~~proposal~~ plan acceptable. If a ~~proposal~~ plan is rejected, a ~~district boundary board~~ county committee may resubmit a modified proposal as often as necessary or may appeal the rejection pursuant to W.S. 21‑6‑224. When a ~~proposal~~ plan is approved, the state committee shall make an order establishing the countywide unified school district according to the approved ~~proposal~~ plan of reorganization.

(b) An order of the state committee pursuant to this section shall be the final administrative determination and shall be filed with the county clerk of ~~each~~ the appropriate county ~~involved~~ within ten (10) days from the approval or rejection of the ~~proposal~~ plan, in accordance with W.S. 21‑6‑212. The effective date of the plan shall be a date sufficient to enable operation of the reorganized countywide district by January 1, 2007.

(c) The state committee shall for any county not in compliance with this article and for which the county committee fails to submit an acceptable plan on or before January 1, 2006, reorganize the affected districts pursuant to this article.

21‑6‑212. Filing of notice of approval or rejection; plan effective on filing.

The ~~district boundary board~~ county committee shall file with the county clerk, within ten (10) days from the date of approval or rejection by the state committee, any notice of approval or rejection received from the state committee. An approved ~~proposal~~ plan shall take effect upon such filing or a later date if specified in the approved ~~proposal~~ plan, but in no event later that January 1, 2007. The final administrative action of the state committee shall be appealable from the date of filing with the county clerk under this section.

21‑6‑213. Notice to districts affected by action of committee.

When a ~~district boundary board proposal organizing or reorganizing a school district or altering or changing the boundaries of any district or districts~~ county reorganization plan is approved or rejected by the state committee, the ~~secretary~~ county committee shall promptly notify the clerk of the district board in each of the districts affected, in writing, ~~giving in the notice~~ specifying the number of the district or districts affected and describing ~~their boundaries and other~~ the changes and recommendations approved or rejected.

21‑6‑215. Appointment and terms of trustees for reorganized districts.

(a) ~~Whenever a new district is created under the provisions of this article, the district boundary board~~ Each county committee shall appoint a board of trustees for the ~~new~~ reorganized district from the combined membership of all the original boards of trustees of the districts involved based upon at-large appointments or through established trustee residence areas in accordance with W.S. 21‑3‑111(b)(ii). The ~~district boundary board~~ reorganization plan shall make provision for staggering terms so that a proportion of the membership, as nearly equal as possible, ~~will be~~ are elected every two (2) years in the manner provided for the regular election of school board members. The appointed board shall consist of five (5), seven (7) or nine (9) members, who shall, in accordance with the plan, serve ~~for not less than two (2) years following the effective date of the plan and until December 1 following~~ until the first or second regularly scheduled school election following the effective date of the plan. Thereafter, all trustees shall be elected for four (4) year terms, except those who may fill unexpired terms.

(b) All trustees shall be elected by the electorate of the entire school district. According to the approved ~~proposal~~ plan and except those districts for which membership is based upon at-large appointments pursuant to W.S. 21‑3‑111(b)(i), each trustee residence area shall be entitled to one (1) or more representatives on the board and the candidate nominated from each trustee residence area receiving the largest number of votes shall be elected. If a member of the board of trustees shall become a nonresident of the district or the trustee residence area from which elected during his term of office, as applicable, he shall be deemed ~~thereby~~ to vacate his office. Any vacancy which for any reason occurs on the board shall be filled by a majority vote of the remaining members by the appointment of a resident of the district or the trustee residence area in which the vacancy occurs, as appropriate, and the appointee shall hold his office until the next annual election, at which a trustee shall be duly elected and qualified for the remainder of the unexpired term.

21‑6‑216. Reorganized school district a body corporate; authority of trustees; old districts to cease to exist.

(a) On the effective date of the ~~proposal~~ plan, each ~~proposed newly organized~~ reorganized countywide school district shall be and become a body corporate under the name and number as indicated in the ~~proposal~~ plan as a unified school district, and the new board of trustees shall have full authority and power to act as the board of trustees to do all things necessary with reference to the business and educational affairs of the ~~new~~ reorganized school district using the existing funds ~~on hand~~ or the funds received through existing levies of the old districts as nearly as practicable for the balance of the fiscal year.

(b) When members of the board of trustees of the ~~new~~ reorganized countywide school district assume their duties as provided in this article on the effective date of the ~~proposal~~ plan, each of the old districts or portions of districts from which the ~~new~~ reorganized district was formed shall cease to exist as a legal entity and the board of trustees of each former district or districts situated within the ~~new~~ reorganized district shall cease to function and the terms of office of the members thereof shall automatically expire.

21‑6‑217. Reorganized districts may draw proportion of funds from old districts; transfer of property.

(a) ~~Whenever the district boundary board establishes a new district from districts already organized,~~ The board of trustees of the ~~newly organized~~ reorganized countywide district may draw its proportion of the public school funds for paying teachers or other legal school expenses from the school treasury of the district or districts from which it was separated or established until such time as the ~~newly organized~~ reorganized district receives its proper apportionment of school ~~monies~~ funds and taxes. In like manner, any district that is established from two (2) or more districts may draw its proportion of the proper school funds for payment of teachers or other necessary legal school expenses from the treasuries of the former districts.

(b) All real and personal property of any district combined under this article shall be and become the property of the ~~newly organized~~ reorganized countywide district. All real and personal property shall be transferred or conveyed by operation of law unless otherwise provided in the approved ~~proposal~~ plan. However, real property which was transferred in accordance with this subsection from ~~a then~~ an existing school district to a ~~newly organized~~ reorganized school district and on which is located a structure used as a school which the district has closed or intends to close, shall not be conveyed or offered for sale to any other entity unless the municipality in which the property is located is first offered a right to purchase the property. If the municipality and school board cannot agree on a price for the property, the property shall be sold to the highest bidder at a public auction.

21‑6‑219. Adjustment of state foundation entitlement.

(a) When two (2) or more districts ~~or parts of districts are organized~~ reorganize into a countywide school district pursuant to this article and the total fiscal resources of the ~~new~~ reorganized school district are less than the combined fiscal resources of the districts the last year before ~~organization~~ reorganization, ~~then~~ the state superintendent shall adjust the state foundation entitlement to compensate for the differences in fiscal resources. The adjustment shall be equal to one hundred percent (100%) of the initial difference in each of the first two (2) fiscal years after ~~the new organization~~ reorganization, fifty percent (50%) of the initial difference in the third fiscal year and twenty-five percent (25%) of the initial difference in the fourth fiscal year. The adjustment shall also provide reimbursement for expenses incurred by the school districts involved in the ~~new organization~~ reorganization. Expenses which are reimbursable shall be determined in accordance with rules adopted by the state superintendent, shall not exceed one hundred thousand dollars ($100,000.00), and shall be paid in equal amounts over a period not to exceed three (3) fiscal years. This subsection shall be applicable only to a reorganization pursuant to a plan initially submitted to the state committee in accordance with this article on or before January 1, 2005 and approved on or before January 1, 2006.

21‑6‑220. Name of reorganized district.

In all cases, where a school district created by the action of the boundary board has been created from the territory of preexisting school districts, or the territory formerly belonging to a school district is annexed to a preexisting district, The ~~district boundary board~~ county committee shall designate a descriptive name ~~and a number~~ for the ~~newly created~~ reorganized countywide district. ~~or the district to which territory was added.~~

21‑6‑224. Judicial review of actions of state committee.

(a) Any school district or ~~a district boundary board~~ county committee, if aggrieved by any action of the state committee, may institute proceedings for judicial review thereof in the district court of the county in which an affected school district is located pursuant to ~~provisions of~~ the Wyoming Administrative Procedure Act. No other person shall have standing to appeal a decision of the state committee made under this article. The state committee shall be named defendant, and service of process shall be pursuant to the Wyoming Rules of Civil Procedure.

21‑6‑225. Contract rights and benefits of employees and teachers.

No contract right, fringe benefit, benefit granted under school policies, or continuing contract status of any employee, or any rights under the Wyoming Teachers' Employment Act shall be denied or reduced as a result of school district reorganization, except as provided by W.S. 21‑7‑111(a)(iv). The ~~new~~ reorganized school district shall have the right to establish a uniform salary and benefit schedule for employees of the previous school districts and shall have the right to establish the length of the contract year.

Section 902. W.S. 21‑6‑201(a)(i) through (iv) and (b), 21‑6‑203 through 21‑6‑206, 21‑6‑207(a), (b)(ii), (iii), (v) and (vii) and (c), 21‑6‑208, 21‑6‑209, 21‑6‑214, 21‑6‑218, 21‑6‑222 and 21‑6‑223 are repealed.

Section 903. The legislature finds that existing school districts should be reorganized into countywide school districts not later than January 1, 2007. School districts are encouraged to voluntarily reorganize into countywide school districts prior to that date. Nothing in sections 901 through 903 of this act requires any action by any school district whose boundaries on July 1, 2003, are identical to that of a single county.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert "and 1001". NICHOLAS, PARADY

HB0078H2002/F FAILED

Page 1-line 13 After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line insert "authorizing optional board approved property tax levies by school boards for local enhancements to school buildings and facilities as specified; requiring maintenance of enhancements from a specified portion of tax proceeds;".

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. LOCAL ENHANCEMENT OPTION]

Section 901. W.S. 21‑13‑102 by creating new subsections (k) through (n) is amended to read:

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

(k) Except as limited under this subsection and subject to subsection (m) of this section, each district board of trustees may upon approval of two-thirds (2/3) of the board members, levy up to two (2) mills in accordance with this subsection. The levy authorized under this subsection is in addition to the levy authorized under subparagraphs (a)(i)(A) and (ii)(A) of this section and revenues generated by any levy imposed under this subsection shall not be reported as a revenue for purposes of W.S. 21‑13‑310. In addition, no levy imposed under this subsection shall exceed the number of mills which generates revenues within the district during any tax year equal to an amount of three hundred thousand dollars ($300,000.00). The board of trustees shall determine the question at a regular or special meeting following a public hearing announced by the board, which shall publish notice of intent to levy all or a portion of the two (2) mills allowed by this subsection in a newspaper of general circulation within the district at least ten (10) days prior to the hearing. Revenues generated from any levy imposed under this subsection shall be expended solely for local enhancements to district buildings and facilities beyond statewide adequacy standards as identified in the district's school building and facility plan developed and submitted pursuant to W.S. 21‑15‑116. In addition, the levy may be imposed only during the first year of any construction or renovation project agreement entered into by the board with the school facilities commission under W.S. 21‑15‑114(a)(viii) for the enhancement to a project authorized by the commission and approved by the legislature in accordance with W.S. 21‑15‑118. The board shall certify the levy together with all district ad valorum levies in accordance with W.S. 39‑13‑104(k).

(m) The district board shall restrict the expenditure of not less than seven percent (7%) of total revenue collections from levies imposed under subsection (k) of this section for the maintenance and repair of local enhancements to district buildings and facilities for which the tax is levied. Restricted revenues subject to this subsection shall be deposited and maintained in a separate account, the expenditures of which shall be by the school district board solely for the purposes specified by this subsection.

(n) In addition to the requirements of subsections (k) and (m) of this section, revenues generated from any levy imposed by a district under subsection (k) of this section shall for financial accounting and reporting purposes, not be commingled with any revenues generated from district bonded indebtedness. Nothing in this subsection prevents a district from expending revenues generated from a levy imposed under subsection (k) of this section and revenues from district bonded indebtedness for the same local enhancements to district facilities and buildings.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert "and 1001". HAGEMAN

HB0078H2003/A ADOPTED

Page 1-line 13 After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "providing for a review of a proposed funding model;".

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. PROPOSED FUNDING MODEL REVIEW]

Section 901. The joint education interim committee shall require a review of the school funding model proposed by the Wyoming school boards association, the Wyoming association of school administrators and the Wyoming association of school business officials. This review shall be conducted with the assistance of committee staff, the state department of education, the attorney general's office and necessary expertise from the University of Wyoming. The review conducted pursuant to this section shall be completed in sufficient time to report its initial findings to the joint education interim committee by October 1, 2003.".

Page 23-line 13 After "(e)" delete balance of line.

Page 23-line 14 Delete "($325,000.00)" insert "Three hundred thousand dollars ($300,000.00)".

Page 25-After line 8 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"(m) Twenty-five thousand dollars ($25,000.00) is appropriated from the general fund to the legislative service office to fund implementation of section 901 of this act.".

Page 25-line 19 Delete the first standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ",901 and 1001". MCOMIE

HB0078H2004/FC (CORRECTED COPY) FAILED

Page 1-line 13 After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "; providing for full kindergarten program assistance;".

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. FULL-DAY KINDERGARTEN ASSISTANCE]

Section 901.

(b) Effective for school year 2003-2004, any school district providing kindergarten instruction for the entire school day may apply to the state department of education for assistance under this section. Applications shall be submitted to the department in a manner and form prescribed by the department and shall specify the number of students receiving full-day kindergarten instruction within the district during school year 2002-2003, the number of district kindergarten students estimated for school year 2003-2004 and the number of estimated kindergarten students anticipated by the district to receive full-day kindergarten instruction during school year 2003-2004. Applications shall be submitted by districts to the department not later than June 1, 2003.

(c) The department shall determine the amount of funding necessary to provide a full-day kindergarten program in each applicant district for school year 2003-2004. Computations made pursuant to this subsection shall increase amounts available to the applicant district under W.S. 21‑13‑309(p) for kindergarten students within that district for school year 2003-2004, based upon the number of students receiving kindergarten instruction as adjusted by the sixty (60) day recalculation date in accordance with W.S. 21‑13‑309(q)(i) as reported to the department on or before December 15, 2003. Amounts made available to the district under this section shall cover costs incurred for provision of full day instruction. Amounts distributed under this section shall be in addition to and are separate from any amount distributed to a district under the education resource block grant model.

Page 25-After line 8 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"(m) Seven million nine hundred ninety-seven thousand two hundred ninety-five dollars ($7,997,295.00) is appropriated from the budget reserve account to the department of education for distributions to school districts for full-day kindergarten instruction pursuant to section 901 of this act.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ", 901 and 1001".

The intent of this amendment is that section 901, as created by this amendment, is effective immediately. WASSERBURGER

HB0078H2005/AC (CORRECTED COPY) ADOPTED

Page 1-line 13 After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "modifying charter school provisions as specified;".

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. CHARTER SCHOOL AMENDMENTS]

Section 901. W.S. 21‑3‑303(b), 21‑3‑307(a) by creating a new paragraph (xxii) and 21‑3‑314(a)(ii) and by creating a new paragraph (iv) and (e) are amended to read:

21‑3‑303. Charter school prohibitions.

(b) No charter shall be granted under this article if it is determined that its ~~sole~~ purpose is to avoid consolidation or closure of any school or district. For purposes of this subsection, consolidation or closure applies regardless of grade configuration, building location or school or district name.".

21‑3‑307. Charter application; contents.

(a) The charter school application shall be a proposed agreement and shall include:

(xxii) A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation.

21‑3‑314. Students counted among district ADM; determination of charter school funding.

(a) Each student attending a charter school shall be counted among the average daily membership of the school district in which the school is located. Average daily membership of the school district shall for purposes of charter school membership, be calculated as follows:

(ii) In the second year and all subsequent years and except as otherwise provided under paragraph (iv) of this subsection, the average daily membership of the charter school shall be counted only among the average daily membership of the school district;

(iv) In the second and third year of charter school operation, any increase in the average daily membership of a charter school resulting from the sixty (60) day recalculation for that school on the date specified by W.S. 21‑13‑309(q)(i) shall be multiplied by the foundation amount for that district as computed under W.S. 21‑13‑309(p). The increase in foundation funds received by the district under this paragraph shall be applied by the district to that charter school in determining funding under subsections (c) and (d) of this section.

(e) In lieu of paragraph (a)(iv) and subsections (c) and (d) of this section, the district and the charter school applicant may by mutual agreement fund the charter school through a specific budget for the charter school.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ", 901 and 1001".

The intent of this amendment is that section 901, as created by this amendment, is effective immediately. WASSERBURGER

HB0078H2006/F FAILED

Page 1-line 13 After "reporting;" and following the first standing committee amendment (HB0078HS001.01/AC) to this line insert "creating the school finance and audit department within the legislative department of government and prescribing duties pertaining to school finance and school and state agency audits; providing funds, positions and function transfers;".

Page 21-Before line 19 and following the first standing committee amendment (HB0079HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. LEGISLATIVE SCHOOL FINANCE AND AUDIT DEPARTMENT]

Section 901. W.S. 28‑8‑116 is created to read:

28‑8‑116. Legislative school finance and audit department; auditing of data related to administration of the school finance system.

(a) The legislative school finance and audit department shall develop necessary expertise regarding the school finance system to advise the legislature in performing its duties related to school finance.

(b) As used in this section, "school finance system" means all statutes related to the terms and conditions under which funds from Wyoming sources are made available under Wyoming law to the public schools for school operations. The department shall:

(i) Conduct periodic audits of each school district pertaining to data required to be submitted to the department of education under law and by rule and regulation of the state superintendent of public instruction for purposes of implementing and operating the school finance system. Audits under this paragraph shall include audits of systems supporting data collection and shall be performed on each school district at least once within each three (3) year period;

(ii) Conduct management studies of school districts including program evaluations and performance audits, on issues identified by the advisory committee to the division of data management and reporting of the department of education, as established under W.S. 21‑2‑203(d);

(iii) Conduct compliance and effectiveness and efficiency audits of the state department of education with respect to data used in the school finance system, implementation and computations under the school finance system and the allocation of funds to school districts through the school finance system;

(iv) Report findings and recommendations to the department of education resulting from audits and studies conducted on school districts pursuant to this subsection, including recommendations for remedies to identified problems and issues and including the identification and quantification of amounts involved in audit report and study findings;

(v) Provide a written report of each audit or study to the school district for which the audit or report was conducted;

(vi) Maintain a written report of each audit and study conducted under this section;

(vii) Establish a process to ensure school districts and the department of education address and resolve any problems identified within audit and report findings and recommendations and establish the determination of the materiality levels for findings;

(viii) Provide an annual report to the legislature on audits and studies conducted by the department under this section and on district and department of education efforts to resolve identified problems within the audits and reports. Reports under this paragraph shall include written responses by the districts and the department of education submitted in accordance with subsection (c) of this section.

(c) School districts and the department of education shall provide access to all data and other information and shall cooperate with the department as necessary to implement this section and to conduct audits and reports required under this section. In addition, each district shall within thirty (30) days following receipt of a copy of the audit or report, file a written response to each audit or report conducted on that district with the department. The state superintendent shall on behalf of the department of education and within thirty (30) days following receipt of a report or audit on the department of education, file a written response to the report with the legislative school finance and audit department.

(d) The administrator or his designee shall participate in the advisory committee to the division of data management and reporting of the department of education, as required under W.S. 21‑2‑203(d).

(e) The management council shall promulgate rules regarding standards and procedures for auditing of school district data required to be provided to the department of education under W.S. 21‑2‑203. These rules shall apply to department school finance audit staff. These rules shall be in accordance with standards under W.S. 16‑4‑121(c) and 28‑8‑107(e) to the extent those standards are reasonably applicable, but shall otherwise be established to ensure that school districts accurately and completely account for and report data to the department of education necessary to implement the school finance system.

(f) W.S. 28‑8‑108 and 28‑8‑113 apply to audits conducted under this section.

Section 902. W.S. 9‑1‑507(a)(vi), 9‑2‑1005(a)(xii)(D), 21‑2‑203(d)(intro), 21‑3‑110(a)(xxvi), 21‑16‑718(d), 28‑1‑115(c) through (e), 28‑8‑101, 28‑8‑102(a) and (c), 28‑8‑103, 28‑8‑104(a) and (b), 28‑8‑105(a)(iv), 28‑8‑107(b)(intro), (c) and (d), 28‑8‑108, 28‑8‑109, 28‑8‑111(a), 28‑8‑112, 28‑8‑113(a) and 31‑7‑103 are amended to read:

9‑1‑507. Examination of books of state institutions, agencies and certain districts and entities; independent audit authorized; guidelines.

(a) The director of the state department of audit shall:

(vi) Conduct performance measure reviews based on the standards developed in W.S. 28‑1‑115(a)(ii)(A). The director shall determine the means to be used to verify and validate the performance measures. The results of the reviews shall be reported to the agency head, governor, secretary of state and the legislative ~~service office~~ school finance and audit department;

9‑2‑1005. Payment of warrants; budget powers of governor; agency budgets; federal funds; new employees.

(a) Subject to subsections (k), (m) and (n) of this section and except as otherwise provided by law for the period commencing July 1, 1994 and ending June 30, 1998, no warrant shall be drawn by the auditor or paid by the treasurer:

(xii) If the expenditure is for data processing hardware, software, consultants or training, unless specifically approved by one (1) of the following:

(D) Director of the legislative service office for the legislative branch, except that the legislative school finance and audit department shall have the approval of the administrator of that department; or

21‑2‑203. School district data collection; division established; duties and responsibilities specified.

(d) The state superintendent of public instruction shall establish an advisory committee to the division consisting of not less than seven (7) members. This advisory committee shall have representatives from among Wyoming school districts, other state agencies involved in the administration of the school finance system, shall include the ~~director of the department of audit~~ administrator of the legislative school finance and audit department or his designee, and shall include at least one (1) representative from the independent auditor community within the state. The committee shall meet at least twice annually and at the call of the administrator of the division. The duties of the advisory committee are to:

21‑3‑110. Duties of boards of trustees.

(a) The board of trustees in each school district shall:

(xxvi) Provide access to district records and other information by the legislative school finance and audit department ~~of audit~~ as necessary to conduct audits and studies under W.S. ~~9‑1‑513~~ 28‑8‑116 and otherwise cooperate with the legislative school finance and audit department ~~of audit~~ when conducting audits and studies of the district pursuant to W.S. ~~9‑1‑513~~ 28‑8‑116. The board shall also submit a written response to the legislative school finance and audit department ~~of audit~~ on each audit and report conducted on the district in accordance with W.S. ~~9‑1‑513~~ 28‑8‑116;

21‑16‑718. Investment and management of funds; audit.

(d) The authority shall employ a certified public accountant to examine the books and accounts of the authority including its receipts, disbursements, contracts, reserve funds, sinking funds, investments and any other matters relating to its financial standing. The examination shall be conducted at least once each year and copies of the examination report shall be filed with the secretary of state, the director of the state department of audit and the legislative ~~service office~~ school finance and audit department.

28‑1‑115. Submission of state agency plans to legislature; contents; purposes.

(c) Each agency shall submit by December 1 of each year an annual performance report to the governor with copies to the legislative ~~service office~~ school finance and audit department to provide a basis for evaluation of attainment of agency goals and objectives in the agency's plan developed under subsection (a) of this section. The report shall be included as part of the annual report required by W.S. 9‑2‑1014(a).

(d) The management audit committee of the legislature, with the assistance of the ~~audit division of the~~ legislative ~~service office~~ school finance and audit department and the department of audit, may use the agency plans and annual statement of attainment as the basis for program evaluation and performance audits as authorized by law.

(e) Within forty-five (45) days after the end of each legislative session, the legislative ~~service office~~ school finance and audit department shall provide the management audit committee with a list of each new major program and major modifications to existing programs provided for by law, including programs added through a general appropriations act or through individual bill enactments, for each state agency defined by subsection (f) of this section. Prior to submission to the management audit committee, the legislative ~~service office~~ school finance and audit department shall provide the list to the chairman of each house and senate standing committee for comment.

CHAPTER 8

LEGISLATIVE SERVICE OFFICE AND LEGISLATIVE SCHOOL FINANCE AND AUDIT DEPARTMENT

28‑8‑101. Creation; composition.

(a) There is created the legislative service office within the legislative branch of government. ~~hereinafter referred to as the "office".~~ The office shall be composed of the services division and the ~~audit~~ budget and fiscal division.

(b) There is created the legislative school finance and audit department within the legislative branch.

(i) "Administrator" means the administrator of the department;

(ii) "Department" means the legislative school finance and audit department;

(iii) "Director" means the director of the office;

(iv) "Office" means the legislative service office.

28‑8‑102. Management council; membership; vacancies; meetings; rules and regulations; quorum; officers.

(a) Activities of the office and the department shall be directed by a management council composed of the president, vice president, majority and minority floor leaders or their respective designees of the senate, plus two (2) senators selected at large not more than one (1) of which shall be from the same political party as the president; and the speaker, speaker pro tempore, majority and minority floor leaders or their respective designees of the house plus two (2) representatives selected at large, not more than one (1) of which shall be from the same political party as the speaker. The two (2) senators selected at large shall be selected by caucus of the two (2) major political parties in the senate, meeting separately, and the (2) representatives selected at large shall be selected by caucus of the two (2) major political parties of the house, meeting separately. These twelve (12) members shall select one (1) additional member at large from the house of which the chairman of the management council is not a member. The member at large shall not be from the same party as the chairman of the management council. Chairmanship of the management council shall be rotated between the house and senate after each two (2) year session so that the chairman shall not be from the same house as the chairman who served for the preceding legislative term. The members of the management council shall be the legislative representatives in directing the day-to-day functions of the office and department and the entire membership of the legislature shall have the ultimate control and supervision over policy of the office and department.

(c) The management council may promulgate reasonable rules and regulations for the internal management of the office and department, including the respective duties of the director, administrator and the staff. The rules of practice comprised in Mason's Manual of Legislative Procedure shall govern the management council, all interim committees, and investigative committees in all cases in which they are not inconsistent with the rules and orders as specifically adopted by the management council.

28‑8‑103. Director, administrator and staff.

The management council shall appoint by majority vote a director of the office and an administrator of the department. The director, subject to the prior approval of the management council, shall appoint an assistant director of legislative services. ~~and an assistant director of audit services.~~ The director and the administrator shall appoint such additional professional, technical and clerical staff as necessary to perform the functions assigned to the office and the department. The director, administrator and staff shall be selected without reference to political affiliation and shall serve at the pleasure of the appointing authority. They shall be paid salaries and receive necessary expenses as determined by the management council.

28‑8‑104. Direction by legislature during sessions; joint interim committees; requests for services; establishment of priorities; appointment of select committees; vacancies; enlarging committees.

(a) The legislature during regular or special session may direct the director, administrator and ~~his staff~~ their staffs to perform such studies, duties or services as the legislature may prescribe.

(b) When the legislature is not in regular or special session, the respective standing committees of the house and senate shall function as joint interim committees. Each of these interim committees may request the office and the department to perform specific studies and services for the interim committee conditioned only upon receipt of prior approval of the committee's request by the management council. All priorities based upon limitation of time and appropriation of the office shall be established by the management council and followed by the interim committees and individual legislators. Any specific study or service that is approved by the management council, including bill drafting and prefiling, shall be done under the supervision of the appropriate interim committee or the individual legislator.

28‑8‑105. Duties of director and services division; prefiling bills; fiscal notes.

(a) It shall be the duty of the director, through the services division of the office, to perform the following specific functions, together with such other functions as the council may prescribe:

(iv) Keep a record of all expenditures of the legislature other than expenditures of the department, and keep a correct inventory and act as custodian of all legislative supplies and property other than those supplies and property of the department;

28‑8‑107. Auditing of state agencies; management audit committee; factors to be considered in audit reports.

(b) The ~~legislative service office~~ department, at the direction of the management audit committee, subject to management council budget priorities, and subject to general policies established by the legislature when in regular or special session, shall:

(c) The ~~legislative service office~~ department shall prepare a report of each audit conducted and submit a copy of the audit report to the agency being reviewed for comment. The agency has fifteen (15) days, unless otherwise authorized by the committee, to submit a written response to the report to the ~~legislative service office~~ department. The completed audit report, which includes the agency response, if any, shall be transmitted to the management audit committee for review and discussion with the agency officials and the legislative auditors. This review and discussion of the audit report shall be conducted by the committee in executive session. Following review the audit report may be released unless the committee requests the legislative service office to obtain supplemental information. A copy of the completed report and any supplemental information shall be distributed to the governor and each member of the legislature.

(d) The contents of the audit report, its findings and documentation are confidential and shall not be disclosed by any member of the management audit committee or employee of the ~~legislative service office~~ department or agency being audited until the completed audit report is released, but the committee may discuss the contents of the audit report with the governor before release of the final report.

28‑8‑108. Comments, recommendations and suggestions in audit reports; disclosure of confidential information; unauthorized reports or releases.

(a) The reports of the ~~legislative service office~~ department may include comments, recommendations and suggestions, but neither the ~~director~~ administrator nor the auditors shall have any authority to enforce them nor shall they otherwise influence or direct executive or legislative action. All information obtained by the ~~legislative service office~~ department related to an audit is deemed not to be a public record and shall remain confidential information in the possession of the ~~legislative service office~~ department. This information may be disclosed by the ~~legislative service office~~ department only to members of the legislative committee for which the information was obtained, only to the extent necessary to document a statement or report, and only in such a manner as to protect individual identities.

(b) Any member of the ~~legislative service office~~ department who knowingly discloses confidential information other than as authorized by subsection (a) of this section, discloses the contents of audit reports prohibited by W.S. 28‑8‑107 or releases other reports or information not authorized by the management council, the management audit committee or by statute is subject to immediate termination of employment.

28‑8‑109. Reports by director to legislature.

(a) The director and his staff shall prepare and deliver a report of the activities of the office to each member of the next succeeding session of the legislature not later than December 15th of each calendar year, or at such other times as the management council deems necessary or as requested by the legislature.

(b) The administrator and his staff shall prepare and deliver a report of the activities of the department to each member of the next succeeding session of the legislature not later than December 15th of each calendar year, or at such other times as the management council deems necessary or as requested by the legislature.

28‑8‑111. Assistance to be provided by state and local officers or agencies; duty of audited agencies.

(a) Upon request of the director or administrator and with the approval of the management council or the management audit committee, each officer, board, commission, department or any political subdivision of state government or any local government shall provide assistance, documents and information to the legislative service office and legislative school finance and audit department.

28‑8‑112. Space in state capitol building.

Adequate space in the state capitol building shall be provided for the conduct of activities of the legislative service office, legislative school finance and audit department, the management council and its staff.

28‑8‑113. Duty of agency officers and employees; legislative school finance and audit department access to records; failure to provide access; penalty.

(a) Any officer or employee of a state agency subject to audit or sunset review shall fully assist the ~~legislative service office~~ legislative school finance and audit department during the course of the audit or review. The ~~legislative service office~~ department shall have access to and authority to examine all books, records, accounts, files, correspondence and all other documents, confidential or otherwise, maintained by the agency or its employees during the course of agency business. The provisions of W.S. 16‑4‑201 through 16‑4‑205 do not apply to audits or investigations of state agencies performed by or on behalf of the legislature or legislative committees. Any member of the ~~legislative service office~~ department who discloses confidential information obtained while conducting an audit, to any person or in any manner not authorized by law, is subject to disciplinary action as provided by W.S. 28‑8‑108(b).

31‑7‑103. Administration and enforcement.

The administration of this act shall be exercised by the department which may prescribe forms and reasonable rules and regulations in conformity with this act. The department shall keep records of all monies received and disbursed. The records shall be open to examination by the director of the state department of audit or his designee and the audit division of the legislative ~~service office~~ school finance and audit department. The highway patrol and all peace officers of any county or municipality shall aid in the enforcement of this act.

Section 903. W.S. 9‑1‑513 is repealed.

Section 904.

(a) There is transferred from the department of audit to the legislative school finance and audit department created under section 9 of this act, all records and other information pertaining to the school finance section within the department of audit, together with all standards and procedures for auditing school district data, and all personnel and positions within the school finance section of the department of audit, as necessary to implement section 9 of this act.

(b) There is transferred to the legislative school finance and audit department all personnel and positions of the management audit division within the legislative service office. The management council is authorized to transfer from the budget of the legislative service office to the legislative school finance and audit department those funds contained within legislative budget which are appropriated for salaries and benefits of the personnel transferred under this subsection.

(c) The intent of section 9 of this act is for the legislative school finance and audit department to develop expertise to allow the legislature to use the services of the department in place of consultants previously used for school finance issues. The department shall be authorized to participate in each activity authorized under section 9 of this act regarding development and implementation of the school finance system.

(d) Any duties and responsibilities delegated to the school finance section within the department of audit by any legislation enacted during the 2003 general session of the Wyoming legislature shall be transferred to and become the responsibility of the legislative school finance and audit department created under section 9 of this act.

Section 905. Six hundred thirty-nine thousand seven hundred fifteen dollars ($639,715.00) is appropriated from the general fund to the legislative service office to implement section 9 of this act. In addition, an additional three (3) full-time positions are authorized for purposes of section 9 of this act.".

Page 25-line 19 Delete the first standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert " and 1001". NICHOLAS

HB0078H2007/A ADOPTED

Delete the McOmie second reading amendment (HB0078H2003/A) entirely.

Further amend as follows:

Page 1-line 3 After ";" and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert "providing for a review of a proposed funding model;".

Page 21-After line 17 and following the first house standing committee amendment (HB0078HS001.01/AC) to this line, insert and renumber:

"[SECTION 9. PROPOSED FUNDING MODEL REVIEW]

Section 901. The joint education interim committee shall, if directed by the management council, review the school funding model proposed by the Wyoming school boards association, the Wyoming association of school administrators and the Wyoming association of school business officials. The review by the joint education interim committee may provide for the evaluation of the proposed funding formula and the feasibility and merits of adjusting or enhancing the education resource block grant model prescribed by law, subject to the requirements and limitations of the supreme court pertaining to State of Wyoming, et al., v. Campbell County School District, et al. Any such evaluation shall be in accordance with management council directive and if conducted, shall be completed and reported to the education committee by October 1, 2003.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC) to this line, after "801" insert ", 901 and 1001".

The intent of this amendment is that section 901, as created by this amendment, is effective immediately. LUTHI, PARADY

2/12/2003 H Passed 2nd Reading

2/13/2003 H Amendments Considered

HB0078H3001/F FAILED

Page 1-line 13 Before "providing" insert "authorizing optional board approved property tax levies by school boards for local enhancements to school buildings and facilities as specified; requiring maintenance of enhancements from a specified portion of tax proceeds;".

Page 21-Before line 18 insert and renumber:

"[SECTION 11. LOCAL ENHANCEMENT OPTION]

Section 1101. W.S. 21‑13‑102 by creating new subsections (k) through (n) is amended to read:

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

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC), the Wasserburger Second Reading Amendment (HB0078H2005/AC) and the Luthi, Parady Second Reading Amendment (HB0078S2007/A) to this line; after "801" insert ", 901, 1001 and 1201". HAGEMAN

HB0078H3002/F FAILED

Page 21-After line 17 In the Wasserburger Second Reading Amendment (HB0078H2005/AC) to this line, in "Section 901." after "W.S." delete "21‑3‑303(b),"; delete:

"21‑3‑303. Charter school prohibitions.

HB0078H3003/A ADOPTED

Page 1-line 13 Before "providing" insert "requiring a review of funding model administration and maintenance;".

Page 21-Before before line 18 insert and renumber:

"[SECTION 11. MODEL ADMINISTRATION AND MAINTENANCE REVIEW]

Section 1101.

(a) The joint education interim committee shall conduct a review of the administration and maintenance of the education resource block grant model. The interim study shall include a review of existing resources used by and available to the state for model administration and maintenance and an evaluation of the personnel and resources necessary to maintain the model and to provide necessary litigation support for the model, including expert testimony on behalf of the model. Based upon this review and evaluation, the study shall develop recommendations for the most effective administration structure for model maintenance and the appropriate state executive or legislative agency for placement of model administration.

(b) Recommendations developed under subsection (a) of this section shall be reported to the management council and the joint appropriations committee not later that December 1, 2003. Recommendations shall include necessary enabling legislation.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC), the Wasserburger Second Reading Amendment (HB0078H2005/AC) and the Luthi, Parady Second Reading Amendment (HB0078H2007/A) to this line, after "801" insert ", 901, 1001, 1101 and 1201".

The intent of this amendment is that section 1101, as created by this amendment, is effective immediately. NICHOLAS

HB0078H3004/F FAILED

Delete the Hageman Third Reading Amendment (HB0078H3001/A). Further amend as follows:

Page 21-Before line 18 insert and renumber:

"[SECTION 11. LOCAL ENHANCEMENT OPTION]

Section 1101. W.S. 21‑13‑102 by creating new subsections (k) through (n) is amended to read:

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

(k) Except as limited under this subsection and subject to subsection (m) of this section, each district board of trustees may upon approval of two-thirds (2/3) of the board members, levy up to two (2) mills in accordance with this subsection. The levy authorized under this subsection is in addition to the levy authorized under subparagraphs (a)(i)(A) and (ii)(A) of this section and revenues generated by any levy imposed under this subsection shall not be reported as a revenue for purposes of W.S. 21‑13‑310. In addition, no levy imposed under this subsection shall exceed the number of mills which generates revenues within the district during any tax year equal to an amount of one million dollars ($1,000,000.00). The board of trustees shall determine the question at a regular or special meeting following a public hearing announced by the board, which shall publish notice of intent to levy all or a portion of the two (2) mills allowed by this subsection in a newspaper of general circulation within the district at least ten (10) days prior to the hearing. Revenues generated from any levy imposed under this subsection shall be expended solely for local enhancements to district buildings and facilities beyond statewide adequacy standards as identified in the district's school building and facility plan developed and submitted pursuant to W.S. 21‑15‑116. In addition, the levy may be imposed only during the first year of any construction or renovation project agreement entered into by the board with the school facilities commission under W.S. 21‑15‑114(a)(viii) for the enhancement to a project authorized by the commission and approved by the legislature in accordance with W.S. 21‑15‑118. The board shall certify the levy together with all district ad valorum levies in accordance with W.S. 39‑13‑104(k).

HB0078H3005/A ADOPTED

Page 1-line 13 Before "providing" insert "providing assistance for full-day kindergarten programs;".

Page 21-Before line 18 insert and renumber:

"[SECTION 11. FULL-DAY KINDERGARTEN ASSISTANCE]

Section 1101.

(a) Effective for school year 2003-2004, the state department of education shall distribute amounts to school districts for assistance to schools within the district which provide full-day kindergarten programs and which receive federal Title I funds. The state department shall distribute funds available made under subsection (b) of this section such that schools with concentration levels of students qualifying for free or reduced price lunch under the national school lunch program established under 42 U.S.C. 1751 et seq., are at or above sixty percent (60%) within that school, as reported in October 2002.

(b) Three hundred thousand dollars ($300,000.00) is appropriated from the general fund to the department of education for distributions to school districts as provided under subsection (a) of this section.

(c) School districts receiving assistance under this section shall report expenditures to the department in a manner and at a date specified by the department. The department shall compile the reports and submit the compilation to the joint education interim committee on or before December 1, 2003.".

Page 25-line 19 Delete the first house standing committee amendment (HB0078HS001.01/AC), the Wasserburger Second Reading Amendment (HB0078H2005/AC) and the Luthi, Parady Second Reading Amendment (HB0078H2007/A) to this line, after "801" insert ", 901, 1001, 1101 and 1201".

The intent of this amendment is that section 1101, as created by this amendment, is effective immediately. HARSHMAN

HB0078H3006/F FAILED

Page 21-After line 17 In the Wasserburger Second Reading Amendment (HB0078HS2005/AC) to this line, after "Section 901" insert:

"Section 902. The amendments to W.S. 21‑3‑303(b) under Section 901 of this act shall not apply to any charter school application under review by a school district board of trustees as of the effective date of section 901 of this act.". ANDERSON, R

2/13/2003 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren and Wostenberg.

Nays: Representative(s) Buchanan, Hageman, Philp and Wasserburger.

Ayes 56 Nays 4 Excused 0 Absent 0 Conflicts 0

2/14/2003 S Received for Introduction

2/14/2003 S Introduced and Referred to S04

2/19/2003 S04 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Anderson, J., Caller, Coe, Peck and Sessions

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/19/2003 S Placed on General File

2/19/2003 S Rereferred to S02

2/25/2003 S02 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Cathcart, Devin, Hines, Job and Schiffer

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/25/2003 S Placed on General File

2/26/2003 S Amendments Considered

HB0078SS001/AE (TO ENGROSSED COPY) ADOPTED

Page 1-line 13 After ";" delete balance of line.

Page 1-line 14 Delete "funding model;".

Page 2-line 8 After "creating" delete "a".

Page 5-line 23 After "system" insert "shall derive not less than fifty percent (50%) of student and assessment scores from open-ended testing such as constructed-response, extended-response and performance-based tasks,".

Page 6-line 1 After "in" insert "individual"; after "achievement" insert "and school performance".

Page 15-line 7 Delete "collocation" insert "co-location".

Page 21-line 23 Reinsert stricken "sole".

Page 23-lines 22 and 23 Delete and renumber.

Page 24-lines 1 through 15 Delete.

Page 31-line 11 Delete "1301" insert "1201". COE, CHAIRMAN

HB0078SS002.01/ACE (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT) ADOPTED

Page 27-line 3 Delete "from the general fund".

Page 27-line 6 After "act" delete balance of line and insert "as follows:

(i) Three hundred fifty-nine thousand one hundred fifty-one dollars ($359,151.00) from the general fund, which shall include funding and authorization for three (3) full-time and three (3) part-time positions;

(ii) Five hundred eleven thousand eight hundred sixty-six dollars ($511,866.00) from the budget reserve account, which shall include funding and authorization for one (1) full-time and one (1) part-time positions;

(iii)".

Page 27-lines 7 through 9 Delete.

Page 27-line 10 Delete line through ".".

Page 27-line 15 Delete "section" insert "subsection".

Page 27-line 19 Delete "the general fund" insert "funds made available to the state under the federal No Child Left Behind Act of 2001".

Page 28-line 5 Delete "general fund" insert "budget reserve account".

Page 28-line 12 Delete "Fifty thousand dollars ($50,000.00)" insert "Seventy thousand dollars ($70,000.00)".

Page 28-line 13 Delete "general fund" insert "budget reserve account".

Page 28-line 21 Delete "general fund" insert "budget reserve account".

Page 29-line 6 Delete "general fund" insert "budget reserve account".

Page 29-lines 14 through 24 Delete and renumber.

Page 30-line 10 Delete "general fund" insert "budget reserve account".

Page 30-line 18 Delete "general fund" insert "budget reserve account".

Page 30-After line 24 insert and renumber as necessary:

"(k) Any unexpended, unobligated funds appropriated under this section shall revert to the fund from which they were appropriated effective June 30, 2004.

(m) Any budget reserve account appropriation under this section shall be considered a one-time appropriation and shall not be included in the standard budget request for the 2005-2006 biennium.". SCHIFFER, CHAIRMAN

HB0078SS002.02/FCE (CORRECTED COPY) (TO ENGROSSED COPY)

(DIVIDED AMENDMENT) FAILED

Page 1-line 16 Delete "assistance".

Page 26-line 3 Delete "under subsection (b)" insert "for purposes".

Page 26-lines 10 through 13 Delete and renumber. SCHIFFER, CHAIRMAN

2/26/2003 S Passed CoW

2/27/2003 S Amendments Considered

HB0078S2001/AE (TO ENGROSSED COPY) ADOPTED

Page 26-After line 20 insert and renumber as necessary:

"(d) In addition to subsections (a) through (c) of this section, the state department of education shall review the feasibility of the use of federal funds available to the state under the No Child Left Behind Act of 2001 to fund full day kindergarten programs in Wyoming schools. Based upon its review, the department shall report findings to the joint education interim committee by November 1, 2003.". MASSIE, COE

HB0078S2002/FE (TO ENGROSSED COPY) FAILED

Page 21-line 16 Delete "," insert "and".

Page 21-line 17 After "(xxii)" delete balance of line.

Page 21-line 18 Delete line through "(e)".

Page 22-lines 14 through 24 Delete.

Page 23-lines 1 through 20 Delete. SESSIONS

HB0078S2003/AE (TO ENGROSSED COPY) ADOPTED

Page 5-line 23 In the First Standing Committee Amendment (HB 0078SS001/AE) to this line, delete "derive not less than fifty percent (50%) of student and assessment scores from" insert "include". CASE

ROLL CALL

Ayes: Senator(s) Barrasso, Barton, Boggs, Burns, Case, Decaria, Erb, Geis, Goodenough, Massie, Meier, Mockler, Northrup, Peck, Roberts and Vasey.

Nays: Senator(s) Anderson, J., Caller, Cathcart, Coe, Devin, Hanes, Hawks, Hines, Job, Kunz, Larson, Schiffer, Scott and Sessions.

Ayes 16 Nays 14 Excused 0 Absent 0 Conflicts 0

2/27/2003 S Passed 2nd Reading

2/28/2003 S Amendments Considered

HB0078S3001/FE (TO ENGROSSED COPY) FAILED

Page 1-line 17 After ";" insert "authorizing optional board approved property tax levies by school boards for local enhancements to school buildings and facilities as specified; requiring maintenance of enhancements from a specified portion of tax proceeds;".

Page 26-Before line 22 insert and renumber:

"[SECTION 12. LOCAL ENHANCEMENT OPTION]

Section 1201. W.S. 21‑13‑102 by creating new subsections (k) through (n) is amended to read:

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

(k) Effective for the 2004 tax year, except as limited under this subsection and subject to subsection (m) of this section, any district board of trustees may upon entering into a construction or renovation project agreement with the school facilities commission under W.S. 21‑15‑114(a)(viii) for the remediation of any identified district building inadequacy and upon approval of two-thirds (2/3) of the board members, levy up to two (2) mills in accordance with this subsection. The levy authorized under this subsection is in addition to the levy authorized under subparagraphs (a)(i)(A) and (ii)(A) of this section and revenues generated by any levy imposed under this subsection shall not be reported as a revenue for purposes of W.S. 21‑13‑310. In addition, no levy imposed under this subsection shall exceed the number of mills which generates revenues within the district during any tax year equal to an amount of two hundred thousand dollars ($200,000.00). The board of trustees shall determine the question at a regular or special meeting following a public hearing announced by the board, which shall publish notice of intent to levy all or a portion of the two (2) mills allowed by this subsection in a newspaper of general circulation within the district at least ten (10) days prior to the hearing. Revenues generated from any levy imposed under this subsection shall be expended solely for local enhancements to district buildings and facilities beyond statewide adequacy standards as identified in the district's school building and facility plan developed and submitted pursuant to W.S. 21‑15‑116. In addition, the levy may be imposed only during the first year of any construction or renovation project agreement entered into by the board with the school facilities commission under W.S. 21‑15‑114(a)(viii) for the enhancement to a project authorized by the commission and approved by the legislature in accordance with W.S. 21‑15‑118. The board shall certify the levy together with all district ad valorum levies in accordance with W.S. 39‑13‑104(k).

Page 31-line 11 Delete the First Standing Committee Amendment (HB0078SS001/AE) to this line, before "1301" insert "1101 and". MEIER

2/28/2003 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Erb, Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Barton, Case and Geis.

Ayes 27 Nays 3 Excused 0 Absent 0 Conflicts 0

2/28/2003 H Did Not Concur

ROLL CALL

Ayes: Representative(s) Anderson, R.

Nays: Representative(s) Alden, Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harvey, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren and Wostenberg.

Excused: Representative(s) Harshman, Hinckley, Osborn and Wasserburger.

Ayes 1 Nays 55 Excused 4 Absent 0 Conflicts 0

2/28/2003 S Appointed JCC01 Members

Wasserburger, Lockhart and Robinson

3/3/2003 H Appointed JCC01 Members

Coe, Devin and Geis

HB0078JC01/AA ADOPTED

Adopt the following Senate amendments:

HB0078SS002.01/ACE

HB0078S2001/AE

Delete the following Senate amendments:

HB0078SS001/AE

HB0078S2003/AE

Further amend the ENGROSSED COPY as follows:

Page 1-line 13 After ";" delete balance of line.

Page 1-line 14 Delete "funding model;".

Page 2-line 8 After "creating" delete "a".

Page 5-line 23 After "system" insert "shall include open-ended testing such as constructed-response, extended-response and performance-based tasks,".

Page 6-line 1 After "in" insert "individual"; after "achievement" insert "and school performance".

Page 21-line 23 Reinsert stricken "sole".

Page 23-lines 22 and 23 Delete and renumber.

Page 24-lines 1 through 15 Delete.

Page 31-line 11 Delete "1301" insert "1201".

WASSERBURGER, LOCKHART, ROBINSON, COE, DEVIN, GEIS

3/4/2003 H Adopted HB0078JC01

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger, Wostenberg.

Excused: Representative(s) Bucholz

Ayes 59 Nays 0 Excused 1 Absent 0 Conflict 0

3/5/2003 S Adopted HB0078JC01

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Cathcart, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Case and Goodenough.

Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0

3/5/2003 Assigned Number HEA 0128

3/5/2003 H Speaker Signed HEA No. 0128

3/5/2003 S President Signed HEA No. 0128

3/17/2003 Governor Signed HEA No. 0128

Chapter No. 0208 Session Laws of Wyoming 2003.