Wyo. Code R. 027-0002-5
Effective Date: 01/15/2020 to Current
Rule Type: Current Rules & Regulations
Reference Number: 027.0002.5.01152020
Section 1. Authority. This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv) and 21-15-120(a).
Section 2. Basis for Declaration of Emergency. The Commission recognizes that emergencies may occur with respect to the adequacy of buildings and facilities and which immediately and substantially impact the ability of the district to provide educational programs required by law. Districts respond to emergencies in order to mitigate damages and restore the District's ability to provide educational programs required by law by first utilizing insurance coverage and then major building and facility repair and replacement payments. Emergency funding for temporary measures may become necessary under certain circumstances when insurance funding is not available or major building and facility repair and replacement payments are not sufficient. Emergency funding for temporary remedies may be available when the Commission, in consultation with the district(s) determines that the situation immediately and substantially affects or affected the ability of one or more districts to provide the educational programs required by law and that no other reasonable alternative exists to address the situation other than emergency funding.
(a) Applications for emergency funding shall be presented to the Department for submittal to the Commission and shall at a minimum include:
(i) A detailed description of the circumstances giving rise to the emergency and how it immediately and substantially affects or affected the ability of the district to provide the educational programs required by law, including the expected duration of the emergency;
(ii) The location of all structures affected by the emergency and, if the emergency affects only a portion of a structure, a detailed description of the affected portion;
(iii) The district's proposed remedy or action taken by the district that was determined to be immediately necessary to temporarily resolve the emergency and why it is, or was, the most cost effective temporary measures to remediate the emergency, including all alternatives considered;
(iv) An estimate of the cost of the proposed remedy, including estimates of alternative remedies considered;
(v) Bids or estimates received from contractors to address the emergency;
(vi) Any other reasonable documentation and information pertinent to the request; and (vii) Documentation that the district has notified their insurance carrier of a claim and of the status of payments for loss and reimbursement for costs incurred to the district's major building and facility repair and replacement separate account;
(b) The district's superintendent shall certify in writing that no other funds are available to remedy the emergency and that the information disclosed in the application is true, correct and complete;
(c) The remedy adopted by the Commission shall be the most cost-effective, means of addressing the emergency.
(a) For any emergency for which major building and facility repair and replacement payments are not sufficient to provide temporary measures and other responses, or if such payments would severely compromise implementation of the district's facility plan, as determined by the Commission, the Commission shall determine if the temporary measures and other responses require a capital outlay. The Commission shall only request capital outlay for an emergency after consideration of all other remedies. In providing temporary measures and other responses for an emergency, the Commission shall ensure the adoption of the most cost effective method of remediation that is in the best financial and educational interests of the state. The Commission shall implement this subsection in carrying out temporary measures and other responses, giving proper consideration to the prevention of unnecessary delays.
(b) Expenditures from the school capital construction account shall be for necessary temporary measures and other responses and related costs. Any commitment by the Commission may only be made to the extent that funds have been appropriated by the Legislature for the purpose of addressing facility emergency measures or are otherwise available in the school capital construction account.
(c) The Commission recognizes that the remediation of emergencies may require immediate action. Under certain circumstances, it may be impractical for the Commission to convene in a timely manner. Upon request for emergency funding from a district, the Director may determine if the request requires immediate action, or if the request may require action by the Commission.
(i) If the Director determines the request requires immediate action, the Director shall consult with the Chair as soon as practicable concerning the request for emergency funding. Any commitment by the Director may only be made to the extent that funds have been appropriated by the Legislature for the purpose of addressing facility emergency temporary measures or are otherwise available in the school capital construction account. The Director may not commit more than $100,000.00 for emergency measures, subject to availability of funds in the account.
(ii) The Director shall inform the Commission of any action taken with regard to the request as soon as possible and shall provide a full report of the emergency and any funding commitment at the following Commission meeting.
(d) Disbursements shall not be made for any unauthorized expenses.