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+++ version:(document, no version)
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-2026 STATE OF WYOMING 26LSO-0087
+K-12 school facilities maintenance and
+appropriations.
+26LSO-0087, 1.0
 
- 1 SF0037
+   SF0037
+FISCAL NOTE
 
-SENATE FILE NO. SF0037
+This bill contains an appropriation of $31,900,000 from the PUBLIC SCHOOL FOUNDATION
+PROGRAM ACCOUNT (SFP)  to the State Construction Department (SCD).
 
-K-12 school facilities maintenance and appropriations.
+This bill contains an appropriation of $11,800,000 from the SFP to the Department
+of Education - School Finance (WDE).
 
-Sponsored by: Select Committee on School Facilities
+The tables below depict each agency's estimate in expending the appropriations for
+the FY 2027-20289 biennium. The tables on the next page identify the non-
+administrative impact to the SFP in FY 2029.
 
-A BILL
+DETAIL OF APPROPRIATION
+Agency #: 027       Agency Name: State Construction Department
+Unit: 1501 (Major Maintenance)
 
-for
+EXPENDITURE BY SERIES AND YEAR FY 2026 FY 2027 FY 2028
+0600 Grant & Aid Payments $0  $15,900,000  $16,000,000
 
-1 AN ACT relating to K-12 public school finance; increasing
-2 the allowable education square footage utilized to
-3 calculate routine and major maintenance for school
-4 districts; providing appropriations; and providing for
-5 effective date.
-6
-7 Be It Enacted by the Legislature of the State of Wyoming:
-8
-9 Section 1.  W.S. 21-13-309(m)(v)(G)(II) and
-10 21-15-109(c)(iii)(C) are amended to read:
-11
-12 21-13-309.  Determination of amount to be included in
-13 foundation program for each district.
-14
-2026 STATE OF WYOMING 26LSO-0087
+Total Expenditure Per Year: $0  $15,900,000  $16,000,000
 
- 2 SF0037
+Grand Total Expenditure: $31,900,000
+Total Appropriated to Agency: $31,900,000
+Total Appropriated by Fund:
+PUBLIC SCHOOL FOUNDATION PROGRAM ACCOUNT $31,900,000
 
-1 (m)  In determining the amount to be included in the
-2 foundation program for each district, the state
-3 superintendent shall:
-4
-5 (v)  Based upon ADM computations and identified
-6 school configurations within each district pursuant to
-7 paragraph (iv) of this subsection, compute the foundation
-8 program amount for each district as prescribed by the
-9 education resource block grant model adopted by the Wyoming
-10 legislature as defined under W.S. 21-13-101(a)(xiv), as
-11 contained within the spreadsheets and accompanying reports
-12 referenced under W.S. 21-13-101(a)(xvii). The following
-13 criteria shall be used by the state superintendent in the
-14 administration of the education resource block grant model:
-15
-16 (G)  Amounts within the block grant model
-17 for maintenance and operations shall be based upon actual
-18 gross square footage of school buildings and facilities
-19 subject to the following:
-20
-21 (II)  Actual gross square footage of
-22 education space shall be the gross square footage
-23 prescribed by statewide building adequacy standards
-2026 STATE OF WYOMING 26LSO-0087
+DETAIL OF APPROPRIATION
+Agency #: 205       Agency Name: Department of Education - School Finance
+Unit: 4101 (Foundation Basic)
 
- 3 SF0037
+EXPENDITURE BY SERIES AND YEAR FY 2026 FY 2027 FY 2028
+0600 Grant & Aid Payments $0  $4,700,000  $4,700,000
 
-1 promulgated pursuant to W.S. 21-15-115. Except as otherwise
-2 provided in this subdivision, Education space capacity in
-3 excess of one hundred fifteen percent (115%) of the
-4 standard space level shall not be included in actual gross
-5 square footage computations under this subdivision. For
-6 school year 2025-2026, education space capacity in excess
-7 of one hundred thirty-five percent (135%) of the standard
-8 space level shall not be included in actual gross square
-9 footage computations under this subdivision;
-10
-11 21-15-109.  Major building and facility repair and
-12 replacement payments; computation; square footage
-13 allowance; use of payment funds; accounting and reporting
-14 requirements.
-15
-16 (c)  To compute the major building and facility repair
-17 and replacement payment for each district, the department
-18 shall:
-19
-20 (iii)  Except as otherwise provided by this
-21 paragraph, adjust the total amount of gross square footage
-22 determined for educational buildings under subparagraph
-23 (c)(ii)(C) of this section by excluding from computations
-2026 STATE OF WYOMING 26LSO-0087
+Total Expenditure Per Year: $0  $4,700,000  $4,700,000
 
- 4 SF0037
+Grand Total Expenditure: $9,400,000
+Total Appropriated to Agency: $11,800,000
+Total Appropriated by Fund:
+PUBLIC SCHOOL FOUNDATION PROGRAM ACCOUNT $11,800,000
 
-1 under this section the square footage for those educational
-2 buildings closed and not operational as provided for under
-3 paragraph (c)(iv) of this section and any amount including
-4 the gross square footage of portable buildings, which
-5 exceeds capacity levels specified by this paragraph which
-6 are above the statewide minimum gross square footage
-7 criteria as prescribed by the statewide building and
-8 facility adequacy standards promulgated under W.S.
-9 21-15-115(a). For the purpose of adjusting the gross square
-10 footage of educational buildings under this paragraph, the
-11 gross square footage of buildings used for the provision of
-12 certified child care, developmental preschool and
-13 cooperative education programs pursuant to subparagraph
-14 (c)(i)(A) of this section shall not be excluded. For
-15 purposes of this section, per student gross square footage
-16 criteria prescribed by the statewide building adequacy
-17 standards shall be based upon an average daily membership
-18 (ADM) computed as defined under W.S. 21-13-101(a)(i) for
-19 the prior school year. For purposes of computations under
-20 this section, the allowable capacity in educational
-21 building gross square footage for each district including
-22 portable buildings, but excluding buildings used for the
-23 provision of certified child care, developmental preschool
-2026 STATE OF WYOMING 26LSO-0087
+Description of appropriations:
 
- 5 SF0037
+The appropriations will be used to fund the anticipated expenditure increases for
+school district major maintenance and entitlement payments that will take place in
+FY 2027 and FY 2028. It is anticipated that the $31,900,000 appropriation to the
+SCD is insufficient to meet the total anticipated expenditure increase of
+$32,200,000 in the K-12 major maintenance formula for the FY 2027-2028 biennium.
+The $11,800,000 appropriation to the WDE accounts for both the anticipated revenue
+decrease and expenditure increase in the FY 2027-2028 biennium and the above table
+only accounts for the estimated entitlement expenditures.
 
-1 and cooperative education programs pursuant to subparagraph
-2 (c)(i)(A) of this section, shall be as follows:
-3
-4 (C)  Except as otherwise provided in this
-5 subparagraph, For each school year, up to one hundred
-6 fifteen percent (115%) of the prescribed per student gross
-7 square footage criteria. For school year 2025-2026, up to
-8 one hundred thirty-five percent (135%) of the prescribed
-9 per student gross square footage criteria.
-10
-11 Section 2.
-12
-13 (a)  There is appropriated thirty-one million nine
-14 hundred thousand dollars ($31,900,000.00) from the public
-15 school foundation program account to the state construction
-16 department for major maintenance payments to school
-17 districts made necessary by the amendments enacted in
-18 section 1 of this act. This appropriation shall be for the
-19 period beginning July 1, 2026 and ending June 30, 2028.
-20 This appropriation shall not be transferred or expended for
-21 any other purpose and any unexpended, unobligated funds
-22 remaining from this appropriation shall revert as provided
-23 by law on June 30, 2028.
-2026 STATE OF WYOMING 26LSO-0087
+K-12 school facilities maintenance and
+appropriations.
+26LSO-0087, 1.0
 
- 6 SF0037
+   SF0037
+ FY 2027 FY 2028 FY 2029
+NON-ADMINISTRATIVE IMPACT
+Anticipated Revenue (decrease)
+PUBLIC SCHOOL FOUNDATION PROGRAM ACCOUNT $0  $0  ($1,400,000)
 
-1
-2 (b)  There is appropriated eleven million eight
-3 hundred thousand dollars ($11,800,000.00) from the public
-4 school foundation program account to the department of
-5 education-school finance for routine maintenance payments
-6 to school districts made necessary by the amendments
-7 enacted in section 1 of this act. This appropriation shall
-8 be for the period beginning July 1, 2026 and ending June
-9 30, 2028. This appropriation shall not be transferred or
-10 expended for any other purpose and any unexpended,
-11 unobligated funds remaining from this appropriation shall
-12 revert as provided by law on June 30, 2028.
-13
-14 Section 3.  This act is effective immediately upon
-15 completion of all acts necessary for a bill to become law
-16 as provided by Article 4, Section 8 of the Wyoming
-17 Constitution.
-18
-19 (END)
+ FY 2027 FY 2028 FY 2029
+NON-ADMINISTRATIVE IMPACT
+Anticipated Expenditure increase
+PUBLIC SCHOOL FOUNDATION PROGRAM ACCOUNT $0  $0  $21,700,000
+
+Source of revenue decrease and expenditure increase:
+
+This bill modifies the allowable educational GSF calculation in the K-12 education
+resource block grant model (K-12 funding model) and the K-12 major maintenance
+formula by providing the lesser of the actual educational GSF or 135 percent of the
+School Facilities Commission’s (SFC) allowable educational GSF. Through 2025 Laws,
+Chapter 145, the Legislature modified SFC allowable GSF to 135 percent for FY 2026
+only. For FY 2027 and each year thereafter, educational gross square footage (GSF)
+will be based on the lesser of the actual educational GSF or 115 percent of the
+SFC's allowable educational GSF. The educational GSF funded increases approximately
+2.1 million GSF in the K-12 funding model and approximately 2.7 million GSF in the
+K-12 major maintenance formula. The reason for the difference is that the K-12
+funding model determines authorized GSF at a school level and the K-12 major
+maintenance formula determines authorized GSF at the district level.
+
+The estimated absolute impact to the K-12 funding model’s foundation program
+guarantee is $6,100,000 in FY 2027 and FY 2028, and $6,200,000 in FY 2029. The
+increase to the K-12 funding model’s foundation program guarantee amount will have
+a corresponding expenditure increase from the SFP in the form of school district
+entitlement payments, $4,700,000 in FY 2027 and FY 2028, and $4,800,000 in FY 2029,
+and a corresponding revenue decrease to the SFP in the form of school district
+recapture payments, $1,400,000 in FY 2027 through FY 2029. Entitlement expenditure
+increases in FY 2027 and FY 2028 are funded by the bill's appropriation.
+
+The estimated impact to the K-12 major maintenance formula is an expenditure
+increase from the SFP in the form of major maintenance payments to school districts
+totaling $15,900,000 in FY 2027, $16,300,000 in FY 2028, and $16,900,000 in FY
+2029. Major maintenance expenditure increases in FY 2027 and FY 2028 are funded by
+the appropriation in the bill.
+
+Assumptions:
+
+The above estimates were calculated by the Legislature Service Office using forecast
+K-12 funding models and forecast K-12 major maintenance formulas based on the most
+recent available data. The K-12 major maintenance formula utilizes an inflation
+factor of 3 percent for each year after FY 2027.
+
+Prepared by:   Matthew Willmarth, LSO  Phone: 777-7881
+(Information provided by Trent Carroll and Leslie Zimmerschied, Department of
+Education – School Finance, 777-7720; Luara Anderson and JJ Revell, State
+Construction Department, 777-2901)