§ 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
August 15 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 by August
1 of that year, 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) Fifteen percent (15%) of each district's entitlement
shall be paid to the district on or before August 15 of each
year and subject to any adjustment under subsections (d) and (e)
of this section, ten percent (10%) 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, after March 1 and before
April 1, 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), after March 31 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 fifteen percent (15%) of
the total foundation program amount computed under W.S. 21-13-
309 for the preceding fiscal year. In making this calculation,
the entire operating balance and cash reserves for each district
for the fiscal year ending June 30, 1997, as computed by the
department, shall be separately accounted for and excluded,
until it has been completely expended by the district. 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 otherwise provided in 1997 Special Session Laws,
chapter 3, section 306(e), as amended, and 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 for the preceding fiscal
year. During this period, the amount of a district's operating
balance and cash reserves that may be increased from fifteen
percent (15%) to thirty percent (30%) of the total foundation
program amount computed under W.S. 21-13-309 for the preceding
fiscal year shall be accounted for and reported separately and
shall not be transferred or expended for purposes of capital
construction. For purposes of this subsection, "capital
construction" does not include major building and facility
repair and replacement as defined under W.S. 21-15-109(a)(iii).
(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 before September 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 December 15 of
that school year.