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

(a) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(b) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(c) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(d) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(e) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(f) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(g) Repealed by Laws 1993, ch. 168, § 2.
(h) Repealed by Laws 1993, ch. 168, § 2.
(j) Repealed by Laws 1993, ch. 168, § 2.
(k) Repealed By Laws 1997 Special Session, ch. 3, § 304.
(m) In determining the amount to be included in the
foundation program for each district, the state superintendent
shall:
(i) Repealed By Laws 2006, Chapter 37, § 2.
(ii) Repealed By Laws 2006, Chapter 37, § 2.
(iii) Repealed By Laws 2006, Chapter 37, § 2.
(iv) Based upon reports from each district on schools
operating within that district for the current school year and
on grade configurations contained within each reported school
during that school year, compute the average daily membership
(ADM) for each reported school and each grade within each
reported school in accordance with identified grade
configurations subject to the following:
(A) If the district's average ADM for the three
(3) immediately preceding school years is greater than the
district's ADM from the previous school year, each reported
school shall be computed based upon the average of the school's
ADM counts completed at the end of the three (3) immediately
preceding school years, otherwise each reported school within
the district shall be computed based on the school's ADM for the
previous school year;
(B) For each school year, the configuration of
grades for each school shall be based upon the ADM reported for
each grade in which students were enrolled for the immediately
preceding school year;
(C) Repealed By Laws 2012, Ch. 99, § 2.
(v) Based upon ADM computations and identified school
configurations within each district pursuant to paragraph (iv)
of this subsection, compute the foundation program amount for
each district as prescribed by the education resource block
grant model adopted by the Wyoming legislature as defined under
W.S. 21-13-101(a)(xiv), as contained within the spreadsheets and
accompanying reports referenced under W.S. 21-13-101(a)(xvii).
The following criteria shall be used by the state superintendent
in the administration of the education resource block grant
model:
(A) At-risk students, for purposes of model
computations, shall include students within a school who are
eligible for participation in the free and reduced price lunch
program under the national school lunch program established by
42 U.S.C. 1751 et seq., who are identified as limited English
proficiency in accordance with rules and regulations of the
department of education or who are mobile students as defined by
department rule and regulation and enrolled in grades six (6)
through twelve (12) for the applicable school year. A student
shall be counted only once for purposes of computing school
at-risk student populations even though that student may
simultaneously be eligible to participate in the free and
reduced price lunch program, in programs serving students with
limited English proficiency or is defined as a mobile student;
(B) Alternative schools qualifying for separate
consideration under the education resource block grant model may
be established by a school district for offering educational
programs to students with educational needs which the district
finds are not appropriately met by other schools in the
district, excluding charter schools established under W.S.
21-3-301 through 21-3-314. Alternative schools included within
a district's configuration of schools identified under paragraph
(iv) of this subsection shall for purposes of the education
resource block grant model:
(I) Be approved as an alternative school by
the department of education prior to July 1, 2006;
(II) Repealed By Laws 2007, Ch. 147, § 102.
(III) Unless otherwise authorized by the
state superintendent, be restricted to not more than one (1)
alternative school within any school district;
(IV) Except as otherwise provided in
subdivision (V) of this subparagraph, on and after July 1, 2014,
and if not qualifying under subdivision (I) of this
subparagraph, be approved by the state superintendent subject to
the following:
(1) Completion of a formal evaluation
of the school district's at-risk programs to ensure provision of
a continuum of learning supports and classroom interventions
addressing the needs of at-risk children within the district
which is comprised of the following:
a. Criteria for identifying
at-risk students in accordance with and subject to
research-based indicators;
b. Use of individual learning
plans for each identified at-risk student or an equivalent
school-wide plan that defines interventions, programs and
services required to address special needs. The plans shall be
continuously monitored by the district;
c. Use of quality learning
supports and classroom interventions based upon the special
needs of the student population served by the district and the
supports and interventions are supported by and based upon
research-based practices and strategies;
d. Data based predictors to
identify students at-risk of dropping out of school after
reaching the age of compulsory attendance pursuant to W.S.
21-4-102 and learning supports and classroom strategies to
address this student population.
(2) A formal evaluation is conducted
by the district not less than once every two (2) years of the
school's programs, comprised of the continuum of learning
supports and classroom interventions specified under subdivision
(IV)(1) of this subparagraph. The evaluation shall measure the
effectiveness of the school's programs in meeting the needs of
those student populations attending the school. Formal
evaluations conducted under this subparagraph shall be reported
to and approved by the district board and reported to the state
superintendent together with action plans addressing necessary
program improvements;
(3) Student achievement within the
school is reported annually by the district to the state
superintendent, as measured by quality indicators specified by
rule and regulation of the department which reflect the
components of the continuum of learning supports and classroom
interventions specified under subdivision (IV)(1) of this
subparagraph;
(4) Educational space for the school
is provided through facilities operated and maintained by the
district and approved by the state construction department as
meeting statewide adequacy standards. After two (2) evaluations
by the state superintendent under subdivision (IV)(3) of this
subparagraph that demonstrate academic progress or success of an
alternative school's educational program, the alternative school
shall be included in the district's five (5) year plan under
W.S. 21-15-116 and the school's long-term facility needs shall
be evaluated by the state construction department.
Notwithstanding subparagraph (m)(vi)(C) of this section, the
state construction department shall not approve any district
plan which includes educational space for the alternative school
within a separate facility unless the district provides
sufficient documentation and evidence that the school cannot be
collocated within a facility containing educational space for
another school with similar grade configurations operated by the
district.
(V) Not be included for purposes of the
block grant model if established on or after March 15, 2017 and
before June 30, 2019. No new alternative school shall be
approved by the department on and after March 15, 2017 and
before July 1, 2019.
(C) Salaries for all school and district level
staffing categories, including teachers, principals and
assistant principals, central office administrators, secretarial
and clerical staff, operations and maintenance staff and aides
and media technicians, shall be based upon average statewide
salary levels calibrated under "Attachment A" for each staffing
category, adjusted under subsection (o) of this section,
including the experience, education and responsibility level as
appropriate and as computed for each staffing category. The
statewide average for each staffing category shall be adjusted
for each district based upon the district experience, education
and responsibility level relative to the statewide average for
that category. District experience, education and
responsibility level by appropriate staffing category shall be
updated each year such that district adjustments reflect the
prior school year staffing information. The district adjusted
average salary for each staffing category shall be further
adjusted for regional cost differences as measured by the
greater of the hedonic wage index or the Wyoming cost-of-living
index computed by the division of economic analysis, department
of administration and information, with a minimum of one hundred
(100) index value, as prescribed by the education resource block
grant model. For purposes of the education resource block grant
model, the version of the Wyoming cost-of-living index used by
the division shall be based upon the unrecalibrated housing cost
index weights unless otherwise determined by the legislature
based upon recommendation of the joint education interim
committee. In addition, the version of the Wyoming
cost-of-living index applied under this subparagraph for any
school year shall be the average of the six (6) consecutive
semi-annual index reports completed by January 1 of the
immediately preceding school year;
(D) Career and technical education computations
within the education resource block grant model shall be based
upon:
(I) The number of students enrolled in
grades nine (9) through twelve (12) participating in career and
technical education programs on a full-time equivalency (FTE)
basis, as computed in accordance with guidelines established by
the department of education;
(II) Career and technical education
programs offered in grades nine (9) through twelve (12)
consisting of a sequence of three (3) or more career and
technical courses in an occupational area or career cluster that
provides students with the technical knowledge, skills or
proficiencies necessary to obtain employment in current or
emerging occupations or to pursue advanced skill training. To
qualify under this subdivision, a career and technical course
shall be offered pursuant to W.S. 21-9-101(b)(i)(J) and aligned
with state content and performance standards prescribed by the
state board of education under W.S. 21-2-304(a)(iii), and except
as provided under W.S. 21-2-202(a)(xxvii), shall be provided by
a teacher certified by the Wyoming professional teaching
standards board for the career and technical subject area
associated with the course;
(III) Repealed by Laws 2025, ch. 108, § 4.
(E) Amounts computed under the education
resource block grant model for each school district based upon
amounts generated by each school within the district and based
upon amounts generated at the district level for that district
within the block grant model, shall be adjusted by adding the
following amounts:
(I) An amount for district transportation
of school children as provided under W.S. 21-13-320;
(II) Repealed by Laws 2023, ch. 111, § 2.
(III) An amount for any extra compensation
payments to district teachers as provided under W.S. 21-13-324;
(IV) An amount for any isolation and
maintenance payments by the district as provided under W.S.
21-4-401;
(V) An amount for any tuition and
maintenance payments made by the district pursuant to W.S.
21-4-501(d) and 21-4-504.
(F) Amounts provided within the model for health
insurance shall be based upon:
(I) Prior year statewide average district
weighted actual participation in district health insurance plans
as to the proportion of employee only, split contracts, employee
plus spouse or children and family coverage;
(II) The annualized state contribution rate
as of January 1 of the preceding school year, on behalf of each
employee and official enrolled in the state group health
insurance plan, for employee only, split contracts, employee
plus spouse or children and family coverage except as provided
in subdivision (III) of this subparagraph; and
(III) For school year 2020-2021 and school
year 2021-2022, the amount provided to a school district for
health insurance shall be calculated using the annualized state
contribution rate as of January 1, 2019 for employee only, split
contracts, employee plus spouse or children and family coverage
based on district weighted actual participation in district
health insurance plans for the 2018-2019 school year, plus
additional funding as calculated pursuant to 2020 Senate File
0001, Section 334(b) as enacted into law.
(G) Amounts within the block grant model for
maintenance and operations shall be based upon actual gross
square footage of school buildings and facilities subject to the
following:
(I) Actual gross square footage of school
buildings and facilities shall be separated into education and
noneducation space categories by school and by district,
including leased square footage but excluding square footage not
used for delivering the required educational program and the
square footage of any building or facility closed and not
operational as provided under W.S. 21-15-109(c)(iv);
(II) Actual gross square footage of
education space shall be the gross square footage prescribed by
statewide building adequacy standards promulgated pursuant to
W.S. 21-15-115. Except as otherwise provided in this
subdivision, education space capacity in excess of one hundred
fifteen percent (115%) of the standard space level shall not be
included in actual gross square footage computations under this
subdivision. For school year 2025-2026, education space capacity
in excess of one hundred thirty-five percent (135%) of the
standard space level shall not be included in actual gross
square footage computations under this subdivision;
(III) Actual square footage of noneducation
space shall not exceed ten percent (10%) of total gross square
footage of education space as prescribed by the statewide
building adequacy standards.
(vi) Except for charter schools established under
W.S. 21-3-301 through 21-3-314 and alternative schools approved
under subdivision (v)(B)(IV) of this subsection, any alteration
of the configuration of grades within a district, school or
school facility which differs from the configuration of grades
during the immediately preceding school year as reported under
paragraph (iv) of this subsection shall be considered a
reconfiguration and shall be documented by the district and
reported to the state superintendent and the director of the
state construction department. Following review and evaluation,
the state superintendent and the director of the state
construction department shall, each acting independently,
approve or deny the reconfiguration for purposes of application
to the education resource block grant model and the
determination of school facility needs and remedies. The
following shall apply:
(A) Approval under this paragraph shall be based
upon the appropriate delivery of the required educational
program, the cost effectiveness of the proposed grade
reconfiguration for delivery of adequate educational services to
students with block grant resources, district wide capacity of
school educational facilities as defined under W.S.
21-15-109(a)(ii) and any extraordinary circumstances related to
the safe and efficient delivery of the education program to
students;
(B) Approval under this paragraph shall be
required prior to receiving state funds for adding any new
school within a district;
(C) Effective for the school year commencing
after July 1, 2012, and each school year thereafter, no
reconfiguration of grades within any district, school or
facility shall differ from the previous school year such that
more than one (1) school is included within any one (1) school
facility to be reported under paragraph (iv) of this subsection
for purposes of determining the foundation program amount for
that district;
(D) As used in this paragraph, "configuration"
means the approved combination of grades served within a
district, school or school facility as reported for purposes of
determining the foundation program amount for that district
under this section.
(n) Repealed By Laws 2002, Chapter 76, § 3; 2006, Chapter
37, § 2.
(o) To the extent specifically provided by the
legislature, and between periods of model recalibration required
under subsection (t) of this section, the amount computed for
each district under subsection (m) of this section shall be
adjusted to provide for the effects of inflation, excluding
those amounts specified under subparagraphs (m)(v)(E) and (F) of
this section and the assessment component contained in paragraph
(b)(xxviii) of "Attachment A" as referenced in W.S.
21-13-101(a)(xvii). The adjustment under this subsection shall
not be applied until the expiration of the school year
immediately following the first school year of application of
the recalibrated model, and shall be adjusted on a cumulative
basis each school year thereafter and until the first school
year of application of a subsequent model recalibration.
Following analysis of information reported under subsection (u)
of this section, the joint appropriations interim committee
shall submit a recommendation to the legislature and the
governor not later than November 1 of each applicable year on an
external cost adjustment for purposes of this subsection.
(i) Repealed By Laws 2006, Chapter 37, § 2.
(ii) Repealed By Laws 2006, Chapter 37, § 2.
(p) Except as otherwise provided by law and following the
computation and application of any adjustment under subsection
(o) of this section, the amount computed for each school within
each district shall be combined with the amount computed and
provided on a district level for that district, as prescribed
by the education resource block grant model, to determine the
foundation program amount for each district.
(q) Repealed By Laws 2006, Chapter 37, § 2.
(r) Repealed By Laws 2006, Chapter 37, § 2.
(s) Repealed By Laws 2006, Chapter 37, § 2.
(t) Not less than once every five (5) years, the
legislature shall provide for the recalibration of the education
resource block grant model to determine if modifications are
necessary to ensure it remains cost-based in light of changing
conditions and modifications to law.
(u) To ensure model components specified under the
education resource block grant model defined under W.S.
21-13-101(a)(xiv), as enumerated and enacted by the legislature
and included in "Attachment A" referenced in W.S.
21-13-101(a)(xvii), remain resourced at cost-based levels
between periods of model recalibration required under subsection
(t) of this section, and prior to adjustment for the effects of
inflation for any school year under subsection (o) of this
section, the joint education interim committee shall annually
receive and review reports in accordance with this subsection
and report to the joint appropriations interim committee as
required by this subsection. The legislative service office
shall assemble information necessary to develop a model
monitoring process and other reports for the committee using
data maintained by the department of education and other state
agencies. For this purpose, the department shall annually
update and compile information, in a format contained within
reports provided during 2010 model recalibration, reported at
the model component level, on school district allocation of
model resources, as well as other information provided for
purposes of developing and completing the 2010 cost of education
studies. Each year excluding the first school year of
application of any model recalibration performed under
subsection (t) of this section, the information and analysis
assembled by the legislative service office under this
subsection shall be reported to the joint education interim
committee in sufficient time to allow committee review of and
deliberation on the report and the submission of recommendations
to the joint appropriations interim committee by October 15 of
the applicable school year. Report recommendations shall be
used by the joint appropriations interim committee in its
determination of legislative recommendation on model adjustment
under subsection (o) of this section.