Determination of amount to be included in foundation program for each district

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 (a) Repealed By Laws 1997 Special Session, ch. 3, § 304. (b) Repealed By Laws 1997 Special Session, ch. 3, § 304. (c) Repealed By Laws 1997 Special Session, ch. 3, § 304. (d) Repealed By Laws 1997 Special Session, ch. 3, § 304. (e) Repealed By Laws 1997 Special Session, ch. 3, § 304. (f) Repealed By Laws 1997 Special Session, ch. 3, § 304. (g) Repealed by Laws 1993, ch. 168, § 2. (h) Repealed by Laws 1993, ch. 168, § 2. (j) Repealed by Laws 1993, ch. 168, § 2. (k) Repealed By Laws 1997 Special Session, ch. 3, § 304.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determining the amount to be included in the foundation program for each district, the state superintendent shall: (i) Repealed By Laws 2006, Chapter 37, § 2. (ii) Repealed By Laws 2006, Chapter 37, § 2. (iii) Repealed By Laws 2006, Chapter 37, § 2.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 two (2) 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 two (2) 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upon the ADM reported for each grade in which students were enrolled for the immediately preceding school year; (C) Repealed By Laws 2012, Ch. 99, § 2.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 as defined under W.S. 21-13-101(a)(xiv). 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 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 21-3314. 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) Repealed by Laws 2026, ch. 82, § 3. (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) Be approved as an alternative school 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) (C) Repealed by Laws 2026, ch. 82, § 3. Repealed by Laws 2026, ch. 82, § 3. (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) The actual participants, for each month of the prior year, of full-time equivalent (FTE) employees funded with amounts allocated from the education resource block grant model in district health insurance plans categorized into employee only, split contracts, employee plus spouse, employee plus children and family coverage. Each FTE reported under this subdivision shall be adjusted by the department of education to reflect eligible participation in the state group health insurance plan and proportional contribution percentages. For any FTE reported under this subdivision funded from the education resource block grant model and any other source of funds, a proportional share of the FTE shall be used for purposes of this subparagraph; (II) Each reported employee under subdivision (I) of this subparagraph shall be multiplied by 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, employee plus children and family coverage except as provided in subdivision (IV) of this subparagraph; and (III) Repealed by Laws 2026, ch. 82, § 3. (IV) For school year 2027-2028 and each school year thereafter, the amount provided to school districts for health insurance shall be computed as follows: (1) The amount calculated pursuant to subdivision (II) of this subparagraph, subject to subdivision (2) of this subdivision; (2) If the actual prior school year health insurance expenditures for employees funded with amounts allocated from the education resource block grant model is less than the amount calculated under subdivision (II) of this subparagraph for that school year, the difference shall be subtracted from the amount calculated pursuant to subdivision (II) of this subparagraph. (G) Amounts within the education resource block grant model for maintenance and operations shall be based upon the lesser of the actual educational gross square footage of school buildings and facilities or the education space prescribed by statewide adequacy standards under W.S. 21-15-115 subject to the following: (I) Actual gross square footage of school buildings and facilities shall be separated into education 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. 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. (III) Repealed by Laws 2026, ch. 82, § 3. (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) 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) 37, § 2. Repealed By Laws 2002, Chapter 76, § 3; 2006, Chapter (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, the technology and equipment component as specified in W.S. 21-13-309.1(c)(xxii), the gifted and talented students component as specified in W.S. 21-13-309.1(c)(xxiii) and the short cycle and formative assessment component as specified in W.S. 21-13-309.1(c)(xxvi). 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 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. (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. 21-13101(a)(xiv), as enumerated and enacted by the legislature and as specified by W.S. 21-13-309.1, 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 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 2025 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 2025 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 committee by October 15 of the applicable school year. Report recommendations shall be used by the joint appropriations committee in its determination of legislative recommendation on model adjustment under subsection (o) of this section.