§ 21-13-320 — Student transportation; amount within school foundation program formula for transportation maintenance and operations expenditures and school bus purchases; district reporting requirements

Wyoming § 21-13-320

• Jurisdiction: Wyoming
• Title 21: Education
• Ch. 13: SCHOOL FINANCE
• Art. 3: STATE FINANCIAL SUPPORT

Text

(a) The amount provided for the transportation of school
children within the education resource block grant model
pursuant to W.S. 21-13-309(m)(v)(E)(I) shall be computed in
accordance with this section.
(b) There shall be an amount computed for each school
district equal to the base price amount for bus purchase and
lease payment expenditures made by the district during the
previous school year pursuant to subsection (g) of this section
and for the amount actually expended by the district during the
previous school year for:
(i) The maintenance and operation of transportation
routes for transporting school children to and from school; and
(ii) The transportation of students to and from
student activities authorized by department of education rules.
For the purpose of this paragraph, student activities means
athletic and nonathletic activities sanctioned by the Wyoming
high school activities association and school sponsored athletic
and nonathletic activities in grades preceding high school which
directly correspond to those high school activities sanctioned
by the Wyoming high school activities association. No
reimbursement shall be made for transportation expenses for
student activities for expenses for transportation in excess of
one hundred fifty (150) miles from the Wyoming border into
another state.
(c) Repealed by Laws 2019, ch. 204, § 4.
(d) Repealed By Laws 2004, Chapter 74, § 1.
(e) Repealed By Laws 2002, Ch. 76, § 3.
(f) The department of education shall adopt necessary
rules and regulations to implement and enforce state standards
established under this section and to administer this section.
District expenditures computed under subsection (b) of this
section shall not include expenditures for employee
contributions to the Wyoming retirement system exceeding the
amount specified in W.S. 9-3-413.1(b)(iii) of any member
employee's salary. In addition, the department shall, in
accordance with procedures prescribed by department rule and
regulation, establish a base price for each school bus type or
other student transportation vehicle type for the applicable
fiscal period that complies with minimum state standards for
vehicle specifications and equipment. The department shall also
establish a process including competitive bidding which
guarantees the acquisition of school buses and other student
transportation vehicles approved for reimbursement and complying
with state minimum standards and district fleet size
restrictions at the established base price for the applicable
fiscal year. Department rules shall establish appropriate
restrictions on how and under which conditions a school district
may procure a school bus or other student transportation
vehicle, either through purchase or lease, to ensure that the
procurement method used is the most cost effective. School
districts shall notify the department of school bus and other
student transportation vehicle needs and requirements for the
appropriate fiscal year in the manner and within the times
prescribed by department rule and regulation, and shall report
expenditures, purchases and lease arrangements for the
applicable reporting period, including vehicles replaced by
purchases and leases, as required by department rule and
regulation. The department shall annually review and conduct
audits as necessary of information submitted under this section.
As authorized under W.S. 21-13-307(b), the department may
correct the information reported by districts under this section
as necessary to fairly and accurately reflect the data type,
classification and format required to administer this section in
accordance with law and department rules and regulations.
(g) In addition to subsection (b) of this section and for
purchases and leases conducted in a manner consistent with
department rules, the transportation adjustment for each
district under this section shall include an amount computed
under this subsection for the purchase or lease of school buses
and other vehicles used primarily for the transportation of
students to and from school and to and from school activities.
Computations of amounts reimbursed under this subsection shall
be based upon the base price established by the department under
subsection (f) of this section for the student transportation
vehicle type. Amounts included within the adjustment under this
subsection shall be subject to the following:
(i) Buses and other vehicles used primarily for
student transportation, for which reimbursement is authorized,
shall meet state minimum standards for vehicle specifications
and equipment and shall be subject to vehicle replacement
schedules specified by department rule and regulation;
(ii) The number of buses and other student
transportation vehicles comprising a district's fleet shall
comply with fleet size standards established by rule of the
department, which shall be established to ensure safe and
efficient student transportation;
(iii) In consultation with the pupil transportation
committee, the department shall by rule establish a replacement
schedule for buses and other student transportation vehicles.
The replacement schedule shall establish replacement cycles for
mileage and age not less than the applicable national averages
for replacement of school buses and other student
transportation vehicles;
(A) Repealed by Laws 2019, ch. 204, § 4.
(B) Repealed by Laws 2019, ch. 204, § 4.
(C) Repealed by Laws 2019, ch. 204, § 4.
(iv) Repealed by Laws 2019, ch. 204, § 4.
(v) The adjustment for the purchase or lease of buses
and other student transportation vehicles authorized under this
subsection shall be equal to:
(A) One-fifth (1/5) of the base price
established under subsection (f) of this section for each
purchased school bus or other purchased student transportation
vehicle for which reimbursement is authorized and which is made
by the district during the preceding five (5) years;
(B) The base price established under subsection
(f) of this section for lease payments for each school bus or
other student transportation vehicle for which reimbursement is
authorized and which is made by the district during the prior
school year, plus the annual interest charges imposed under the
lease arrangement.
(vi) Amounts included within the adjustment for
purchases or leases that are fully or partially paid for or
rebated under the Diesel Emissions Reduction Act, 42 U.S.C. §
16131 et seq., or other similar program, shall be made in
accordance with department rule and regulation.
(h) As used in this section:
(i) "Lease" means a lease-purchase arrangement
entered into by a school district, after a competitive quote or
bidding process, for the acquisition and use of a student
transportation vehicle approved for reimbursement under this
section;
(ii) "Pupil transportation committee" means an
advisory committee comprised of school district business
managers, student transportation program managers and employees,
district superintendents and other district personnel organized
by the state department of education to assist the department in
developing and maintaining state standards for vehicle
specifications and equipment, vehicle fleet regulations and
vehicle replacement schedules.
(j) Repealed by Laws 2019, ch. 204, § 4.
(k) Repealed by Laws 2019, ch. 204, § 4.
(m) No district shall purchase or lease a school bus
unless it first demonstrates to the department and the
department determines that the school district has in good faith
attempted to purchase or lease a bus that will be fully or
partially paid for or rebated under the Diesel Emissions
Reduction Act, 42 U.S.C. 16131 et seq., or other similar
program.
(n) Except as needed to ensure shared services for the
purpose of efficiency, educational stability for a child taken
into protective custody or pursuant to an agreement under W.S.
21-4-502, no district shall send or arrange to send any bus or
other form of transportation into another school district for
the purposes of loading or discharging students residing in that
district.