(a)As used in this section:
(i)"General fund operating expenditures" means those
expenditures of the district from the general fund for operation
of the district as reported to the department of education under
rules promulgated by the department;
(ii)"Special education programs and services" means
programs and services for students with disabilities as
identified under the federal Individuals with Disabilities
Education Act, 20 U.S.C. § 1400 et seq. (b)The amount provided to a school district for special
education shall be equal to one hundred percent (100%) of the
amount actually expended by the district during the previous
school year for special education programs and services, which
shall include the amount actually expended by the district
during the previous school year for reas
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(a) As used in this section:
(i) "General fund operating expenditures" means those
expenditures of the district from the general fund for operation
of the district as reported to the department of education under
rules promulgated by the department;
(ii) "Special education programs and services" means
programs and services for students with disabilities as
identified under the federal Individuals with Disabilities
Education Act, 20 U.S.C. § 1400 et seq.
(b) The amount provided to a school district for special
education shall be equal to one hundred percent (100%) of the
amount actually expended by the district during the previous
school year for special education programs and services, which
shall include the amount actually expended by the district
during the previous school year for reasonable administrative
costs to bill for authorized Medicaid services under subsection
(h) of this section. Amounts awarded under this section shall be
in addition to and shall not be considered in determining the
school foundation program amount under the education resource
block grant model pursuant to W.S. 21-13-309. The department of
education shall distribute the amount computed under this
section to each school district in the same proportion and
schedule of distributions under W.S. 21-13-313(c).
(i) Repealed by Laws 2006, Ch. 37, § 2.
(ii) Repealed by Laws 2006, Ch. 37, § 2.
(iii) Repealed by Laws 2006, Ch. 37, § 2.
(c) Repealed by Laws 2003, Ch. 208, § 102.
(d) The department of education shall adopt necessary
rules and regulations to implement and administer this section.
Districts shall report special education program expenditures
for the applicable reporting period as required by department
rule and regulation. 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. The department shall annually review
and report to the joint education interim committee regarding
services provided to special education students by school
districts. In addition, the department shall when necessary,
conduct audits of information submitted by districts under this
section and may, in accordance with W.S. 21-13-307(b), correct
the information reported by districts as necessary to fairly and
accurately reflect the data type, classification and format
required to administer this section in accordance with law and
department rule and regulation.
(e) Repealed By Laws 2004, Chapter 74, § 1.
(f) In addition to subsection (d) of this section, the
state department of education shall assess school district
special education staffing levels based upon staffing guidelines
established pursuant to W.S. 21-2-202(a)(xxiii), and report on
the adequacy of staffing levels to the joint education interim
committee. School districts shall report staffing and other
necessary information to the department in accordance with
department rules and regulations and shall provide written
explanation to the department justifying district special
education staffing levels. Based upon information collected
under this subsection and following review, the department shall
include within its report to the joint education interim
committee as required under subsection (d) of this section,
recommendations for improving appropriate special education
program and service delivery within the state.
(g) Assistive technology equipment included within
district expenditures for special education programs and
services and reported under subsection (b) of this section,
which was acquired to assist a student with a specific
disability, shall to the extent practicable, transfer with that
student if the student transfers to another school district
within the state. Within the report required under subsection
(d) of this section, districts shall separately document
assistive technology equipment including an inventory of
assistive technology equipment and the status of the usage
levels of the equipment and shall report to the department
equipment which is accordingly transferred to another school
district or which is currently unused by the district. The
provisions of this subsection requiring transfer of assistive
technology equipment apply only if no other student within the
district currently uses the equipment and the equipment is
capable of transfer to another district.
(h) Beginning July 1, 2022, each school district with
Medicaid eligible students receiving special education programs
and services, as calculated by the department of education
pursuant to subsection (j) of this section, may bill the
department of health for the costs of any special education
program and service covered under W.S. 42-4-103(a)(xxxiv)
through (xxxvi) provided to the district's students. The
department of health shall provide payment to each eligible
school district that has billed the department of health as soon
as reasonably practical for the costs of approved services. By
September 1 of each school year, each school district shall
remit to the department of education all funds received during
the prior school year from the department of health for billed
services. The department of education shall remit all funds
received under this subsection to the state treasurer for
deposit in the public school foundation program account.
(j) A school district may report the number of Medicaid
eligible students receiving special education programs and
services enrolled within the school district on forms and in
such manner required by the department for the 2021-2022 school
year. Beginning with the 2022-2023 school year and each school
year thereafter, a school district shall report the number of
Medicaid eligible students receiving special education programs
and services enrolled within the school district on forms and in
the manner required by the department. The number of Medicaid
eligible students receiving special education programs and
services for a school year shall be determined by the department
of education using data from October 1 of the immediately
preceding school year.