Wyo. Code R. 057-0001-3
General Agency, Board or Commission Rules
Chapter 3: Formation of District
Effective Date: 12/14/1993 to 06/04/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 057.0001.3.12141993
Section 1. Authority. The Wyoming Community College Commission is required to promulgate rules and regulations which will set forth all standards which will be used to review an application to establish a new community college district. (W.S. 21-18-202(a)(ii))
Section 2. Applicability. This chapter will govern the processes and procedures for application, State Commission review, decision-making, and implementation of new community college districts in Wyoming. Incident to the formation of a new district, these Rules also apply to existing districts whose geographic boundaries will be affected by a proposed new district.
(a) 'Applicant' means the person(s) presenting an application.
(b) 'Application' means the document submitted to the State Commission for the formation of a new district. The application must follow the requirements of these Rules and be in the format specified by the State Commission. Failure to do so will result in rejection of the application.
(a) Initial application. An application will not be considered by the State Commission unless it contains certification that the following statutory prerequisites have been met:
(i) Identify, with a general map, the territory for the proposed district, indicating its relationship to any existing districts and county boundaries;
(ii) Signatures of five-hundred (500) of the registered electors residing within the proposed district who favor creation of the district; and
(iii) Applicant shall employ an independent entity, such as the county clerk, to certify to the State Commission that the signatures represent registered voters within the proposed district.
(b) Survey. Within thirty (30) days after filing the application, the applicant will conduct a survey and forward the results to the State Commission. The survey will contain the following information:
(i) Name of proposed district;
(ii) Names of persons responding to the survey;
(iii) A detailed map of the proposed district and surrounding areas, showing the proposed district's boundaries, affected present district boundaries and any proposed relocation of those boundaries, county boundaries, cities or towns in or near the proposed district, affected school district boundaries, location of buildings in which present district or postsecondary institutions offer classroom in- struction in or near the proposed district, and the city or towns in which classroom instruction is likely to be offered by the proposed district. More than one map may be submitted, if needed for clarity, because of problems of scale, and if maps are correlated to each other on their face;
(iv) The specific legal boundaries of the proposed district;
(v) The specific location of the campus or campuses intended for the proposed district, if known;
(vi) The projected date of establishment of the campus(es) within the proposed district;
(vii) Identification of projected student population to be served by the proposed district, to include:
(A) Number of high school seniors from the proposed district projected to enroll in the next ten (10) years;
(B) Number of adult (all potential students other than high school seniors) students projected to attend the proposed district; and
(C) Identification of other demographic factors regarded as important in the context of the application, such as known industrial development or industrial closings which may affect the economy or the population of the proposed district or adjacent districts.
(viii) An educational plan projecting in-district programs and curriculum;
(ix) Identification of projected programs and curriculum to be offered by the proposed district outside of its boundaries;
(x) Identification of projected resources available, to include:
(A) Listed in five (5) increments for ten (10) years from the date of application;
(I) Assessed valuation times .004;
(II) Motor vehicles taxes;
(III) Investment income;
(IV) Other funds; and
(V) State supplemental funds.
(B) A list of all programs currently offered by existing postsecondary institutions or otherwise available within the proposed district through cooperative arrangements with other public or private institutions or agencies.
(C) Statement of Assurances. Within sixty (60) days of filing the application, the applicant will submit to the State Commission, a Statement of Assurances. As a condition of Commission approval of a proposed district, the new district board must reaffirm the Statement of Assurances at its first meeting. The Statement of Assurances, submitted on a form or in a format specified by the Commission, will provide that the proposed district (regardless of whether or not it initially will receive state funding) will:
(I) Cooperate with other educational institutions and agencies and with all levels and agencies of government in the interest of effective utilization of available resources, programs and services;
(II) Submit academic and occupational programs to the State Commission for approval or denial;
(III) Follow the fiscal policies required by state law and the Commission;
(IV) Submit its local budget to the State Commission biennially, following the format and requirements for other districts, with detailed revenue, expenditure and program information. The legislature will be advised by the State Commission in the biennial budget presentation when the district first requests state funding to supplement its local resources;
(V) Cooperate in establishing and maintaining composite data about the district, as requested by the State Commission;
(VI) File the district’s budget with the State Commission for public review as described in W.S. 16-4-111, and following Commission procedures, requirements, forms and formats;
(VII) Operate within the standardized tuition structure approved by the State Commission for all districts; and
(VIII) Comply with all other statutes and with State Commission Rules.
(D) If a proposed district is approved by the State Commission but rejected by district voters, a new application may be submitted the following year. It need only include pertinent changes to the above.
Section 5. State Commission Responsibilities. As soon as the Commission has received an application which is in proper form, it will acknowledge the date of receipt to the applicant, thus starting the time deadlines within these Rules.
(a) Information gathering. Within thirty (30) days of receipt of the application, the State Commission will gather the following data:
(i) An A&I research and statistics population forecast that reflects the state’s and proposed district’s population projections for ten (10) years from the date of application;
(ii) A forecast from the Wyoming Department of Employment, Division of Employment Services of job demand, listed by occupation, for the state and the proposed district, projected ten (10) years from the date of application;
(iii) A forecast from A&I, or other appropriate agency, of economic conditions, including per capita and state income that indicates state, individual and proposed district income projections for ten (10) years from the date of application;
(iv) A projection gathered from existing districts describing the effects on student demand, program demand, potential costs, and income reductions on existing institutions if the proposed district is established. This projection will include the number of students from the proposed district presently enrolled in the existing institutions and their programs of study;
(v) A verification of the amount (which must be at least one-hundred million dollars ($100,000,000)) of the assessed property valuation for the proposed district as of the date of the application; and
(vi) A verification from the Wyoming Department of Education of the number (which must be at least fifteen-hundred (1,500)) of students that are enrolled in grades nine (9) through twelve (12) in the proposed district as of the date of the application.
(b) Public hearings. Within sixty (60) days after receipt of the application, the State Commission will hold at least one (1) public hearing within the boundaries of the proposed district. It will also hold at least one additional public hearing in a non-petitioning county where there is no existing community college but which could be affected by the creation of a new district. Both public hearings will receive written and oral testimony from the public.
Advance written notice will be given to the applicant, all Wyoming legislators, all community college districts, and all commissioners. Notice of the hearings also will be given to the public by paid display advertising appearing in four (4) major state newspapers. Fewer statewide newspapers may be used if one newspaper is the local newspaper of greatest general circulation serving the proposed district. The advertising should appear at least fourteen (14) days prior to the hearing. The chairperson or his/her designee will preside over each hearing. Oral testimony presented at the hearing will be recorded and written testimony and statements will be collected by the chairperson.
(c) Proposed decision. Following the public hearings and his/her review of all the information accumulated by the State Commission on the proposed district, but in no case later than seventy-five (75) days after the application is received by the Commission, the Commission’s attorney will submit to the Commission a proposed decision on the application, including citations to the record. The proposed decision will be in proper administrative order form and will include proposed findings of fact, conclusions of law, a decision, and an order.
(a) State Commission consideration. After receipt of the proposed decision from its attorney, but in no case later than eighty-three (83) days after its receipt of the application, the Commission will hold a meeting to consider all information it has accumulated on the proposed district. The meeting may be a hearing and follow the Commission’s hearing procedure rules (Chapter 12).
(b) Final decision. Within ninety (90) days from its receipt of the application, the State Commission will issue its final decision on the proposed district. The decision will be in proper administrative order form and will include proposed findings of fact, conclusions of law, a decision, and an order. The decision will be sent to the applicant, county commissioners of all affected counties, all existing college districts whose boundaries would be affected by the proposed district, the legislature, and other appropriate parties.
(c) Appeal to District Court. The applicant may appeal the decision to the State District Court within thirty (30) days after the decision is issued, as provided for by the Wyoming Rules of Appellate Procedure.
Section 7. New District Implementation. Once approved by the State Commission, the applicant will proceed with the election according to W.S. 21-18-312. If state funds will be requested, the district must seek legislative approval (W.S. 2118-312(b)). The new district will begin operation as provided for by state law (W.S. 21-18-312(f)-(r)).