§ 21-15-109 — Major building and facility repair and replacement payments; computation; square footage allowance; use of payment funds; accounting and reporting requirements

(a) As used in this act:
(i) Repealed By Laws 1999, ch. 170, § 402.
(ii) "Educational building" means a school building
or facility primarily used for providing the educational
programs offered by a district in compliance with law which is
owned by the district, including a school building or facility
owned by the district and used for operating a charter school
established under W.S. 21-3-301 through 21-3-314;
(iii) "Major building and facility repair and
replacement" and "major maintenance" mean as defined by W.S. 9-
2-3001(b)(ix) for school building and facility systems;
(A) Repealed by Laws 2025, ch. 12, § 3.
(B) Repealed by Laws 2025, ch. 12, § 3.
(C) Repealed by Laws 2025, ch. 12, § 3.
(iv) "Office building" means a school building or
facility primarily used in connection with or for the purpose of
district administrative functions, the major purpose or use of
which is not dedicated to the provision of educational programs
offered by the district in accordance with law;
(v) "Portable building" means any prebuilt, factory
constructed and assembled school building or facility which is
transported in an assembled condition to the location on which
the building or facility is to be situated and which is acquired
and used by the district for temporary purposes only;
(vi) "Routine maintenance" means as defined by W.S.
9-2-3001(b)(xii) for school buildings and facilities;
(vii) "Teacherage" means housing provided by and
owned by a school district for use as living quarters of a
teacher or other school district employee;
(viii) "Warehouse building" means a school building
or facility primarily used for storage of materials and other
district property and supplies, including facilities in which
school buses and school equipment are stored, maintained or
serviced.
(b) To the extent funds are available, the state
construction department shall, based upon square footage
computations computed from the prior school year, distribute the
estimated major building and facility repair and replacement
payments in quarterly installments to each school district from
the public school foundation program account. The department
shall distribute the first quarterly payment on July 1 of each
fiscal year, with the remaining payments distributed on October
1, January 2 and April 1. Payments shall be made as equal as
reasonably possible. If funds within the account are not
sufficient for any quarterly payment, the department shall
reduce all district payments for that quarter by a uniform
percentage. The department shall also increase or reduce a
subsequent school district payment, as appropriate, in the event
a school district receives an excessive or deficient
distribution. Major building and facility repair and replacement
payments shall be computed in accordance with subsection (c) of
this section.
(c) To compute the major building and facility repair and
replacement payment for each district, the department shall:
(i) Determine the total number of gross square feet
of school buildings and facilities within the district from the
prior school year according to guidelines prescribed by rule and
regulation of the commission, subject to the following:
(A) The gross square footage of any school
building or facility within the district which is not used for
purposes of delivering the required educational program shall
not be included within the district's total gross square footage
computed under this section, except for the square footage of
any district school building or facility which would otherwise
be treated as a closed building under paragraph (c)(iv) of this
section, is determined to be surplus by the department or the
building or facility is being used for the provision of one (1)
of the programs specified in subdivisions (I) through (III) of
this subparagraph and the district complies with subdivisions
(IV) through (VI) of this subparagraph:
(I) Child care programs certified to
operate in Wyoming under W.S. 14-4-101 through 14-4-111; or
(II) Developmental preschool programs
receiving state financial assistance for program operations; or
(III) Educational programs and services
provided through a board of cooperative educational services
under W.S. 21-20-101 through 21-20-111 in which the district is
a participant in the cooperative agreement; and
(IV) The district incorporates this use of
closed or surplus buildings into its facility plans required
under W.S. 21-15-116; and
(V) The district reports any fees or
payments received or collected for this use of closed or surplus
buildings as a local resource for purposes of foundation program
computations under W.S. 21-13-310(a)(xv); and
(VI) The district limits the lease
agreement for the use of the closed or surplus building to not
more than one (1) year subject to termination by the district at
any time prior to expiration of the one (1) year period if
necessary for provision of district educational programs.
(B) The gross square footage of any school
building or facility leased by a district, including but not
limited to the gross square footage of any school building or
facility leased by a charter school operating pursuant to W.S.
21-3-301 through 21-3-314, shall not be included within the
district's total gross square footage computed under this
section, unless the district's lease agreement is by or with any
nonprofit or governmental agency providing educational programs
which have been approved by the department of education, the
department of health or another state or educational
credentialing agency and the leased space is incorporated into
the district's facility plans required under W.S.
21-15-116(a)(vi);
(C) Repealed by Laws 2018, ch. 35, § 2.
(D) No gross square footage created by any
district enhancement shall be included within the district's
gross square footage computed under this section unless the
enhancement or any portion thereof is determined to be included
within the state adequacy standards pursuant to this act.
(ii) Of the total gross square feet for all school
buildings and facilities computed under paragraph (c)(i) of this
section, determine the total gross square feet for each of the
following building categories:
(A) Office buildings;
(B) Repealed By Laws 2001, Ch. 191, § 2.
(C) Educational buildings, including buildings
used for the provision of certified child care, developmental
preschool or cooperative education programs pursuant to
subparagraph (c)(i)(A) of this section, and including portable
buildings provided portable buildings do not exceed more than
ten percent (10%) of the total gross square feet computed for
all school buildings and facilities under paragraph (c)(i) of
this section, and excluding teacherages;
(D) Warehouse buildings.
(iii) Except as otherwise provided by this paragraph,
adjust the total amount of gross square footage determined for
educational buildings under subparagraph (c)(ii)(C) of this
section by excluding from computations under this section the
square footage for those educational buildings closed and not
operational as provided for under paragraph (c)(iv) of this
section and any amount including the gross square footage of
portable buildings, which exceeds capacity levels specified by
this paragraph which are above the statewide minimum gross
square footage criteria as prescribed by the statewide building
and facility adequacy standards promulgated under W.S.
21-15-115(a). For the purpose of adjusting the gross square
footage of educational buildings under this paragraph, the gross
square footage of buildings used for the provision of certified
child care, developmental preschool and cooperative education
programs pursuant to subparagraph (c)(i)(A) of this section
shall not be excluded. For purposes of this section, per student
gross square footage criteria prescribed by the statewide
building adequacy standards shall be based upon an average daily
membership (ADM) computed as defined under W.S. 21-13-101(a)(i)
for the prior school year. For purposes of computations under
this section, the allowable capacity in educational building
gross square footage for each district including portable
buildings but excluding buildings used for the provision of
certified child care, developmental preschool and cooperative
education programs pursuant to subparagraph (c)(i)(A) of this
section, shall be as follows:
(A) Repealed by Laws 2018, ch. 36, § 2.
(B) Repealed by Laws 2018, ch. 36, § 2.
(C) Except as otherwise provided in this
subparagraph, for each school year, up to one hundred fifteen
percent (115%) of the prescribed per student gross square
footage criteria. For school year 2025-2026, up to one hundred
thirty-five percent (135%) of the prescribed per student gross
square footage criteria.
(iv) The square footage of any district building or
facility which is closed and not operational, is not being
replaced under a district's facility plan under W.S. 21-15-116,
is not determined surplus by the department and is specified as
a closed building within the district's facility plan as a cost
efficient means to address future district building needs, shall
be segregated from the square footage of other district
buildings and facilities and multiplied by the replacement value
under paragraph (c)(v) of this section for the appropriate
building category. The resulting amount shall then be
multiplied by an exterior closure factor established by the
department based upon the most current edition of the Whitestone
Building Maintenance and Repair Cost Reference Index and added
to the total amount determined for the district under paragraph
(c)(viii) of this section. This paragraph shall not apply to any
school year during which the building or facility is reopened
and becomes operational for purposes of delivering the required
educational program within the district or to any school year
during which the building or facility is used to provide
certified child care, developmental preschool or cooperative
education programs pursuant to subparagraph (c)(i)(A) of this
section;
(v) Multiply the adjusted square footage amount for
each district's educational buildings determined under paragraph
(c)(iii) of this section and the amount determined under
paragraph (c)(ii) of this section for all remaining building
categories of that district, times a replacement value cost
factor established for each building category by the department
computed using data from August 1 of the prior school year based
upon the median estimate in the most current edition of a
nationally recognized, quarterly published construction cost
index that provides cost indices for elementary schools, junior
high schools, high schools, offices and warehouses by city or
town, as modified to reflect current Wyoming construction costs
determined by the department of administration and information,
division of economic analysis;
(vi) Multiply the amount computed under paragraph
(c)(v) of this section for the adjusted square footage of the
district's educational buildings times two and one-half percent
(2.5%) for school year 2025-2026 and each school year
thereafter;
(vii) Multiply the sum of the amounts obtained under
paragraph (c)(v) of this section for the building categories
identified under subparagraphs (c)(ii)(A) and (D) of this
section times two and one-half percent (2.5%) for school year
2025-2026 and each school year thereafter, adjusted as follows:
(A) Determine the proportion that the sum of the
square footage for these building categories within the district
bears to the educational building square footage computed under
subparagraph (c)(ii)(C) of this section, as adjusted pursuant to
paragraph (c)(iii) of this section, excluding any square footage
included under paragraph (c)(iv) of this section;
(B) If the proportion is ten percent (10%) or
less, the district is entitled to one hundred percent (100%) of
the amount computed under this paragraph;
(C) If the proportion is greater than ten
percent (10%) but less than sixteen percent (16%), the district
is entitled to ninety percent (90%) of the amount computed under
this paragraph;
(D) If the proportion is sixteen percent (16%)
or greater but less than twenty-one percent (21%), the district
is entitled to eighty percent (80%) of the amount computed under
this paragraph;
(E) If the proportion is twenty-one percent
(21%) or greater, the district is entitled to seventy percent
(70%) of the amount computed under this paragraph.
(viii) Total the amounts computed under paragraphs
(c)(iv), (vi) and (vii) of this section.
(d) Repealed By Laws 2004, Chapter 114, § 2.
(e) Amounts distributed under subsection (b) of this
section shall be deposited by the recipient district into a
separate account, the balance of which may accumulate from year-
to-year. Except as specified under subsection (f) of this
section, expenditures from the separate account, including any
interest earnings on the account, shall be restricted to
expenses incurred for major building and facility repair and
replacement and shall be in accordance with the district's
facility plan under W.S. 21-15-116. Account expenditures may
include the expenses of district personnel performing work
described under paragraph (a)(iii) of this section if approved
by the department and if documented within the district's
facility plan. The district's facility plan shall clearly
specify proposed major maintenance expenditures for addressing
district major building and facility repair and replacement
needs on a building-by-building basis, updated for the
applicable reporting period, which shall be aligned to the
statewide adequacy standards and prioritized based upon the
impact of the building or facility on the district's ability to
deliver the required educational program. The district shall
include plans for maintaining any district building or facility
which is under a lease agreement, specifying lease revenues
available to the district for maintenance of facilities to the
level required by statewide adequacy standards. No expenditures
shall be made from the separate account unless the repair or
replacement of the building or facility systems for which the
expenditure is to be made is clearly specified within the
district's facility plan or otherwise approved by the
department. In a manner and form required by commission rule and
regulation, each district shall annually report to the
department on the expenditures made from the separate account
during the applicable reporting period, separating account
expenditures on a building-by-building basis. The department
shall annually review account expenditures. The department
shall, in consultation with each respective school district,
provide a report to the commission, the select committee on
school facilities established under W.S. 28-11-301 and the joint
appropriations committee on major maintenance expenditures. The
department shall compile reported building-by-building
expenditure information for each district and the district
facility plan and include this information in its annual report
to the select committee pursuant to W.S. 21-15-121. If any
district expends funds within the separate account for purposes
not authorized by this subsection or by rule and regulation of
the commission, the payments for that district shall be reduced
by the amount of the unauthorized expenditure in the school year
following the year in which the expenditure was discovered or
the school year in which notification was provided by the
department, whichever first occurs.
(f) Notwithstanding subsection (e) of this section, a
district may expend up to ten percent (10%) of the amount
distributed during any school year under subsection (b) of this
section for major building and facility repair and replacement
needs of the district which are not specified in the district's
facility plan, including expenditures for maintenance of
district enhancements. Expenditures shall be made under this
subsection only after the district's building and facility
repair and replacement needs specified in its facility plan have
been addressed in accordance with subsection (e) of this section
and the department has approved the district's proposed
expenditures under this subsection. Amounts not expended for
purposes of this subsection during any school year may be
accumulated by a district and earmarked within the separate
account established under subsection (e) of this section for
expenditure under this subsection in subsequent school years,
provided the unexpended amount during any school year to be
accumulated does not exceed ten percent (10%) of the amount
distributed to the district under subsection (b) of this section
for that school year. Each district shall include expenditures
under this subsection and any amounts accumulated from year-to-
year under this subsection within the annual report required
under subsection (e) of this section. Nothing in this
subsection shall prohibit or limit the application of
subparagraph (c)(i)(D) of this section in computing a district's
building and facility gross square footage for purposes of
determining payment amounts under this section. If any school
district exceeds expenditure limitations prescribed by this
subsection or fails to comply with expenditure levels for
facility adequacy needs identified within its facility plan, the
payments for that district in the immediately succeeding year
shall be reduced by the excess expenditure amount including any
excess expenditure of amounts accumulated under this subsection.