Wyo. Code R. 206-0002-8
General Agency, Board or Commission Rules
Chapter 8: School Foundation Program for Wyoming Public Schools
Effective Date: 08/26/1991 to 05/16/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 206.0002.8.08261991
Section 1. Authority. These rules and regulations are promulgated pursuant to the Wyoming Education Code of 1969 (as amended) (W.S. 21-13-313(d)).
Section 2. Applicability. These rules and regulations pertain to state funds for the support of the public schools which are allocated among school districts largely on the basis of average daily membership as it generates classroom units. Hence, equity requires that there be a uniform method of counting, recording, and reporting enrollment and attendance data to the Wyoming Department of Education.
Section 3. Promulgation, Amendment, or Repeal of Rules. Any amendments to these rules shall become effective as provided by the Wyoming Administrative Procedure Act. (W.S. 16-3-101 through 16-3-115).
(a) 'Average Daily Membership' or 'ADM' means the aggregate number of pupils present plus the aggregate number of pupils absent, divided by the actual number of days the school is in session for the year. Pupils who have withdrawn from school or who have been absent for more than ten consecutive school calendar days shall not be counted as members. In session means the conducting of classes with a majority of teachers and pupils in attendance.
(b) 'District' means any school district as defined by law.
(c) 'Kindergarten' means a class of pre-first grade students authorized by the district board of trustees and attending classes in half-day sessions or the equivalent amount of time.
(d) 'One-Teacher School' means a school with one (1) teacher consisting of kindergarten through grade eight (8), or any appropriate combination of grades within this range, as determined by the plan of organization for schools as authorized by the district board of trustees.
(e) 'Elementary School' means a school with two (2) or more teachers consisting of kindergarten through grade eight (8), or any appropriate combination of grades within this range, as determined by the plan of organization for schools as authorized by the district board of trustees.
(f) 'Junior High School' means a school consisting of grades seven (7) and eight (8), in which may be included either grade six (6) and/or nine (9) in an organized junior high school as determined by the plan of organization by the district board.
(g) 'High School' means a school consisting of grades nine (9) or ten (10) through twelve (12) in an organized school as determined by the plan of organization by the district board.
(h) 'Foundation Program' means the minimum level of educational services and facilities which is to be made available to each district from the required local effort and the public school foundation program account.
(i) 'Foundation Program Report' means the accumulation of data from the Annual District Report (WDE-601), the School Foundation Program Application (WDE-101), the Recalculation Report (WDE-110), the Vocational Education Application Report (WDE-301), the Annual Report of Expenditures for Handicapped Children Under W.S.21-13-309(e) (WDE-401), and the Annual Pupil Transportation Expenditure Report (WDE-103) that is utilized by the Wyoming Department of Education in the entitlement calculation and recapture process.
(j) 'Pupil Accounting' means that process of enrolling pupils, taking attendance, withdrawing or removing pupils from the school rolls and maintaining necessary and accurate records for the purpose of uniform report recording of pupils.
(k) 'Foundation Program Audit' means an annual, in-district examination of the Foundation Program Report and pupil accounting system by the Wyoming Department of Education to verify all data utilized in the Foundation entitlements and recapture process.
(l) 'A School Day' means for the purposes of counting and reporting ADM, the starting time of a school day to the ending time of a school day as established by district board policy, but not fewer hours than the minimum established by the State Board of Education.
(m) 'A Half School Day' means for purposes of counting and reporting ADM, the starting time of a school day to the ending time of a school day, as established by district board policy, divided by two (2), but not fewer hours than the minimum established by the State Board of Education.
Section 5. Wyoming Statutes. All public school districts, and the schools and personnel within those districts, shall comply with the statutes of Wyoming which are applicable.
Section 6. Wyoming State Board of Education Policies and Regulations. All public school districts, and the schools and personnel within these districts, shall comply with the Wyoming Education Policies Reference Manual and Appendices which are applicable.
Section 7. Local Board Responsibility. All local boards of education of public school districts shall assure an accurate and uniform system of pupil accounting and timely reporting.
Section 8. Minimum Attendance Taking Requirements. All Wyoming public schools shall take and record attendance at least two (2) times during the school day to verify either half or full day attendance:
(b) Within the remaining school day after lunch.
Section 9. Counting Average Daily Membership. Unless an alternative schedule has been approved by the State Board, each school shall be in operation for 180 days or more and shall conduct classes with a majority of teachers and pupils in attendance for at least 175 days. Days used exclusively for registration, report card distribution, teacher/parent conferences, and in-service programs may only be counted as days of operation beyond the 175-day minimum. Any alternative schedule must include an equivalent amount of pupil-teacher contact time.
(a) All school districts, in making the mathematical calculation on the Annual District Report (WDE-601) and the School Foundation Program Application (WDE-101), shall divide the aggregate membership by the actual number of days each school is in session.
(b) All Wyoming schools shall remove from their ADM those pupils who:
(i) Withdraw from school.
(ii) Are absent more than ten (10) consecutive school calendar days.
(iii) Transfer from one school to another within a district (the pupil is removed from the ADM of the sending attendance school).
Section 10. Central Office Attendance Records. All Wyoming school districts shall compile average daily membership figures from attendance information provided by each school within the district. Average daily membership figures shall be carried out and rounded off to three decimal places, for:
(a) The School Foundation Program Application (WDE-101).
(b) The Sixty (60) Day Recalculation Report (WDE-110).
(c) The February First (1) Recalculation Report (WDE-110).
(d) The Annual District Report (WDE-601).
(e) The Vocational Education Foundation Application Report (WDE-301).
Attendance records from each school within the district must be retained for three (3) years.
Section 11. Part-time Pupils and Early School Dismissal. When a pupil is attending school for a portion of the school day or when school is dismissed for emergencies prior to the end of the school day, attendance shall be counted following these guidelines:
(a) Pupil(s) in attendance for a major fraction of one-half day will be counted as one-half day attendance.
(b) Pupil(s) in attendance for a major fraction of one full day will be counted as one whole day attendance.
(c) Kindergarten pupil(s) in half-day sessions in attendance a major fraction of their session or the equivalent amount of time will be counted as a full day in attendance.
Section 12. Home-Bound Pupils. Pupils who cannot physically attend a regular school session but are receiving instruction through a district provided home-bound program will be counted in the regular ADM.
Section 13. Out of District Placement and Tuition Pupils. The district that receives a pupil from another district shall count that pupil as part of its regular ADM. The district that sends a pupil to another district shall remove that pupil as part of its regular ADM.
Section 14. Court Ordered Placement of Children Residing in Private Treatment Facilities. Beginning July 1, 1985, the Wyoming Department of Education will pay for the allowable costs of educational services provided by private residential treatment facilities by making direct payments to these organizations. These children shall not be counted among the average daily membership of any district.
Section 15. New School Building Openings, Old School Building Closings, Emergency School Closings, and School Grade Arrangement Changes. All school districts will give written notification, within two (2) weeks, to the Wyoming Department of Education, Fiscal Services Unit, when:
(a) A new school building is opened and pupils are attending classes.
(b) An old school building is closed and pupils are no longer attending classes.
(c) Emergency conditions such as weather, utility failure, or safety conditions require temporary closing of individual schools or several schools for 1/2 day or more.
(d) Existing schools which have their grade arrangements changed that affect classroom unit calculations.
Section 16. Internal Verification of ADM and Mathematical Tabulations. The individual reports making up the School Foundation Report must be mathematically verified by the responsible district official. Inconsistent data from report to report dealing with attendance, ADM, or mathematical tabulations must be corrected prior to submission to the Wyoming Department of Education.
Section 17. Report Deadlines. The following Foundation Program Report data submission deadlines shall be adhered to by all school districts (deadlines are defined as the dates that the reports are to be received by the Wyoming State Department of Education):
(a) Annual District Report (WDE-601) - Twenty (20) working days after the end of the fiscal year.
(b) School Foundation Program Application (WDE-101) - July 30.
(c) Sixty (60) Day Recalculation Report (WSE-110) - December 10.
(d) February First (1) Recalculation Report (WDE-110) - February 10.
(e) Vocational Education Foundation Application Report (WDE-3010 - October 1.
(f) Annual Report of Expenditures for Handicapped Children Under Section 308 (j) (OEC-110) - December 1.
(g) Estimated W.S. 21-13-309(e) expenditures (WDE-402) - July 30.
(h) Annual Pupil Transportation Expenditure Report (WDE-103) - July 30.
Section 18. Audit Procedures. All school districts shall expect and give assistance to an annual audit by the Wyoming Department of Education concerning pupil accounting and foundation program report verification. Department audits will begin with the 1983-84 school year and will examine the individual reports and records that constitute the foundation program report. A written audit report will be prepared by the Department and sent to each district.
(a) The audit report will address:
(i) Adherence to prescribed pupil accounting practices.
(ii) Accuracy of fiscal data contained in the foundation program report.
(b) In the audit report the Department will make recommendations concerning:
(i) Adjustments necessary for timely completion of all reports.
(ii) Modifications required to be in full compliance with the rules and regulations on the school foundation program.
Section 19. Penalties. Late reports, late payments of recapture and/or inaccurate data contained in reports will result in appropriate Department of Education administrative action in compliance with law:
(a) Notification by the Superintendent of Public Instruction, outlining the reporting problems, and/or late recapture payments to the district superintendent and the chairman of the district board of trustees.
(b) Delay, by order of the Superintendent of Public Instruction, in sending the full Foundation entitlements and/or land income payments.
(c) Upon approval of the Wyoming Board of Education, pursuant to the Wyoming Education Code of 1969 (as amended) (W.S. 21-2-304), issuance of conditional or non-accredited status of a single school or the district as whole.
(d) Upon approval of the Wyoming Board of Education, pursuant to the Wyoming Education Code of 1969 (as amended) W.S. 21-2-304), with holding of the full Foundation entitlements and/or land income payments.
Section 20. Compensatory Education. The Wyoming Department of Education will pay to school districts a sum as identified in statute, for each identified student in need of remedial assistance or who is LD (Learning Disabled) and does not qualify for special education assistance. These funds shall be distributed in the form of grants to districts and shall not duplicate or supplant any other category of federal or state special and handicapped education assistance. In the event that the statewide count exceeds available state funds, the monies shall be prorated on a per student basis.
Students eligible for remedial assistance shall be identified according to the following criteria:
(a) Performance below the 20th percentile on standardized measures; and
(b) Achievement level of a slow learner as suspected by the building screening committee but neither identified nor qualified for special education services.
Students formerly identified as LD who are no longer eligible for special education are also eligible for compensatory education funds.
Any school district receiving state funds for compensatory education program under this section shall submit to the State Department of Education:
(a) A fiscal accounting of the expenditure of such funds;
(b) A report of program accomplishments under program objectives; and
(c) The number of students identified and served under the program.
Application for funding shall be made by application and according to a schedule set by the Department of Education. Allocated funds may be used for general program development across school districts or for direct, individual services to eligible students.
Section 21. Gifted and Talented Education Programs. For the fiscal year beginning July 1, 1988, school districts may be granted a sum not to exceed one hundred fifty dollars ($150.00) for each identified gifted and talented students, not to exceed three percent (3%) of the school age population within the district. Any state assistance for the program shall be matched by an equal amount of local funds. To apply for a grant, the district shall submit a program plan approved by the local board to the State Department of Education. Funds shall be used to initiate or supplement services for gifted and talented students. Application for funding shall be made on forms and according to a schedule set by the Department of Education. Any school district receiving state funds for gifted and talented education programs under this section shall submit to the State Department of Education:
For the fiscal year beginning July 1, 1988, all grants awarded from the Public School Foundation Program account for purposes of this section shall not exceed three hundred fifty thousand dollars ($350,000.00). In the event that total grant requests by all districts applying exceed $350,000 money shall be prorated on a per student basis.
Section 22. Behavioral Disordered Education Program. For the fiscal year beginning July 1, 1991, school districts may receive grants to provide services for students exhibiting behavioral disorders which interfere with regular classroom education programs. The number of students to be served may not exceed three percent (3%) of the school age population within the district. The State Department of Education will notify districts of the amount of money they may be eligible to receive based on their previous year's enrollment. This amount shall be computed based on a per pupil share for the total number of eligible students in each district. Districts must submit a program plan including a description of the selection process under which the district has identified students to be served, the objectives of the program, a description of the activities to be undertaken, and a budget narrative outlining the expected expenditure of funds received. Program plans will be submitted on forms and according to a schedule set by the State Department of Education. Program plans may not include costs which would duplicate or supplant any other category of federal or state special or handicapped education. Funds may be used for general program development or for direct individual services to eligible students in need of assistance. If there are districts who choose not to submit a program plan or should some program plans not be approved, the department shall increase the per pupil entitlement to those districts that submitted approvable grant requests. Such districts must submit an acceptable amendment to the original grant request describing the intended use of the additional funds. Grants will be approved and funds released to districts upon certification by the State Department of Education that the program plan or amendments thereto meet the requirements of the law and these rules and regulations. Any school district receiving state funds for program plans under this section shall submit to the state department of education within two months of the close of each fiscal year: