Capital Construction Projects

Wyo. Stat. Ann. tit. 21, ch. 15
in effect

Wyo. Stat. Ann. § 21-15-108 Revenue bonds for grants and loans; refunding revenue bonds.

(a) Before distribution to the public school foundation program account under W.S. 9-4-305(b), sufficient revenues for the purposes of this section shall be deducted therefrom and credited to a bond repayment account pursuant to the terms of the resolution, indenture or other appropriate proceeding authorizing the issuance of revenue bonds under this section. The revenues deducted shall be used as provided by this section. The balance of the revenues shall be credited to the public school foundation program account as provided under W.S. 9-4-305(b). After available revenues under W.S. 9-4-305(b) have been used, revenues under W.S. 21-13-301 shall also be credited, as necessary, to the bond repayment account and shall be used as provided by this section. (b) The school facilities commission may borrow money in a principal amount not to exceed one hundred million dollars ($100,000,000.00) by the issuance from time to time of one (1) or more series of revenue bonds. The commission may encumber revenues under subsection (a) of this section for bonds in total amounts not to exceed one hundred million dollars ($100,000,000.00) issued for projects and assistance as determined by the commission and approved by the legislature under W.S. 21-15-119. Any bonds issued under this section, together with any interest accruing thereon and any prior redemption premiums due in connection therewith, are payable and collectible solely out of revenues authorized under this section. The bondholders may not look to any general or other fund for payment of the bonds except the revenues pledged therefore. The bonds shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation. The bonds shall not be considered or held to be general obligations of the state but shall constitute its special obligations and the commission shall not pledge the state's full faith and credit for payment of the bonds. (c) Bonds issued under this section shall be in a form, issued in a manner, at, above or below par at a discount not exceeding ten percent (10%) of the principal amount of the bonds, at public or private sale, and issued with recitals, terms, covenants, conditions and other provisions not contrary to other applicable statutes, as may be provided by the commission in a resolution authorizing their issuance and in an indenture or other appropriate proceedings. (d) Any bonds issued under this section shall: (i) Be of denominations of five thousand dollars ($5,000.00) or multiples thereof; (ii) Be fully negotiable within the meaning of and for all purposes of the Uniform Commercial Code, W.S. 34.1-1-101 through 34.1-10-104; (iii) Mature at a time or serially at times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission, but not exceeding thirty (30) years from their date; (iv) Bear interest payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any period not exceeding one (1) year; (v) Be made payable in lawful money of the United States at the office of the state treasurer or any commercial bank or commercial banks; (vi) Repealed By Laws 2002, Ch. 99, § 3. (vii) Be additionally secured by a reserve fund created from revenues deposited within the public school foundation program account under W.S. 9-4-305(b) or from the proceeds of the bonds, or both, in an amount determined by the commission but not to exceed an amount equal to ten percent (10%) of the revenue bonds outstanding. (e) Before any contract is entered into by the commission to retain the services of a financial advisor or to sell the bonds to an underwriter, whether by competitive or negotiated bid, a full disclosure of the terms of the contract including fees to be paid shall be submitted to the management council through the legislative service office. (f) The commission may issue refunding revenue bonds: (i) To refund and discharge and extend or shorten the maturities of all or any part of any outstanding bonds issued under this section including any interest thereon in arrears or about to become due; (ii) For the purpose of reducing interest costs on bonds issued under this section or effecting other economics; or (iii) For the purpose of modifying or eliminating any contractual limitations or provisions contained in any indenture or other proceedings authorizing outstanding bonds issued under this section. (g) Any refunding permitted by this subsection shall be accomplished in the manner prescribed by W.S. 16-5-101 through 16-5-119, except any refunding revenue bonds authorized by the commission under this subsection shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation or be considered general obligations of the state. The commission shall not pledge the state's full faith and credit to the payment of the refunding revenue bonds. The refunding revenue bonds shall constitute special obligations of the state and may be payable only from the sources authorized in this section for the payment of the bonds refunded. The principal amount of any bonds which have been refunded need not be taken into account in computing compliance with the maximum amounts of bonds authorized to be issued under this section.

Wyo. Stat. Ann. § 21-15-109 Major building and facility repair and replacement payments; computation; square footage allowance; use of payment funds; accounting and reporting requirements.

(a) As used in this act: (i) Repealed By Laws 1999, ch. 170, § 402. (ii) "Educational building" means a school building or facility primarily used for providing the educational programs offered by a district in compliance with law which is owned by the district, including a school building or facility owned by the district and used for operating a charter school established under W.S. 21-3-301 through 21-3-314; (iii) "Major building and facility repair and replacement" and "major maintenance" mean as defined by W.S. 9-2-3001(b)(ix) for school building and facility systems; (A) Repealed by Laws 2025, ch. 12, § 3. (B) Repealed by Laws 2025, ch. 12, § 3. (C) Repealed by Laws 2025, ch. 12, § 3. (iv) "Office building" means a school building or facility primarily used in connection with or for the purpose of district administrative functions, the major purpose or use of which is not dedicated to the provision of educational programs offered by the district in accordance with law; (v) "Portable building" means any prebuilt, factory constructed and assembled school building or facility which is transported in an assembled condition to the location on which the building or facility is to be situated and which is acquired and used by the district for temporary purposes only; (vi) "Routine maintenance" means as defined by W.S. 9-2-3001(b)(xii) for school buildings and facilities; (vii) "Teacherage" means housing provided by and owned by a school district for use as living quarters of a teacher or other school district employee; (viii) "Warehouse building" means a school building or facility primarily used for storage of materials and other district property and supplies, including facilities in which school buses and school equipment are stored, maintained or serviced. (b) To the extent funds are available, the state construction department shall, based upon square footage computations computed from the prior school year, distribute the estimated major building and facility repair and replacement payments in quarterly installments to each school district from the public school foundation program account. The department shall distribute the first quarterly payment on July 1 of each fiscal year, with the remaining payments distributed on October 1, January 2 and April 1. Payments shall be made as equal as reasonably possible. If funds within the account are not sufficient for any quarterly payment, the department shall reduce all district payments for that quarter by a uniform percentage. The department shall also increase or reduce a subsequent school district payment, as appropriate, in the event a school district receives an excessive or deficient distribution. Major building and facility repair and replacement payments shall be computed in accordance with subsection (c) of this section. (c) To compute the major building and facility repair and replacement payment for each district, the department shall: (i) Determine the total number of gross square feet of school buildings and facilities within the district from the prior school year according to guidelines prescribed by rule and regulation of the commission, subject to the following: (A) The gross square footage of any school building or facility within the district which is not used for purposes of delivering the required educational program shall not be included within the district's total gross square footage computed under this section, except for the square footage of any district school building or facility which would otherwise be treated as a closed building under paragraph (c)(iv) of this section, is determined to be surplus by the department or the building or facility is being used for the provision of one (1) of the programs specified in subdivisions (I) through (III) of this subparagraph and the district complies with subdivisions (IV) through (VI) of this subparagraph: (I) Child care programs certified to operate in Wyoming under W.S. 14-4-101 through 14-4-111; or (II) Developmental preschool programs receiving state financial assistance for program operations; or (III) Educational programs and services provided through a board of cooperative educational services under W.S. 21-20-101 through 21-20-111 in which the district is a participant in the cooperative agreement; and (IV) The district incorporates this use of closed or surplus buildings into its facility plans required under W.S. 21-15-116; and (V) The district reports any fees or payments received or collected for this use of closed or surplus buildings as a local resource for purposes of foundation program computations under W.S. 21-13-310(a)(xv); and (VI) The district limits the lease agreement for the use of the closed or surplus building to not more than one (1) year subject to termination by the district at any time prior to expiration of the one (1) year period if necessary for provision of district educational programs. (B) The gross square footage of any school building or facility leased by a district, including but not limited to the gross square footage of any school building or facility leased by a charter school operating pursuant to W.S. 21-3-301 through 21-3-314, shall not be included within the district's total gross square footage computed under this section, unless the district's lease agreement is by or with any nonprofit or governmental agency providing educational programs which have been approved by the department of education, the department of health or another state or educational credentialing agency and the leased space is incorporated into the district's facility plans required under W.S. 21-15-116(a)(vi); (C) Repealed by Laws 2018, ch. 35, § 2. (D) No gross square footage created by any district enhancement shall be included within the district's gross square footage computed under this section unless the enhancement or any portion thereof is determined to be included within the state adequacy standards pursuant to this act. (ii) Of the total gross square feet for all school buildings and facilities computed under paragraph (c)(i) of this section, determine the total gross square feet for each of the following building categories: (A) Office buildings; (B) Repealed By Laws 2001, Ch. 191, § 2. (C) Educational buildings, including buildings used for the provision of certified child care, developmental preschool or cooperative education programs pursuant to subparagraph (c)(i)(A) of this section, and including portable buildings provided portable buildings do not exceed more than ten percent (10%) of the total gross square feet computed for all school buildings and facilities under paragraph (c)(i) of this section, and excluding teacherages; (D) Warehouse buildings. (iii) Except as otherwise provided by this paragraph, adjust the total amount of gross square footage determined for educational buildings under subparagraph (c)(ii)(C) of this section by excluding from computations under this section the square footage for those educational buildings closed and not operational as provided for under paragraph (c)(iv) of this section and any amount including the gross square footage of portable buildings, which exceeds capacity levels specified by this paragraph which are above the statewide minimum gross square footage criteria as prescribed by the statewide building and facility adequacy standards promulgated under W.S. 21-15-115(a). For the purpose of adjusting the gross square footage of educational buildings under this paragraph, the gross square footage of buildings used for the provision of certified child care, developmental preschool and cooperative education programs pursuant to subparagraph (c)(i)(A) of this section shall not be excluded. For purposes of this section, per student gross square footage criteria prescribed by the statewide building adequacy standards shall be based upon an average daily membership (ADM) computed as defined under W.S. 21-13-101(a)(i) for the prior school year. For purposes of computations under this section, the allowable capacity in educational building gross square footage for each district including portable buildings but excluding buildings used for the provision of certified child care, developmental preschool and cooperative education programs pursuant to subparagraph (c)(i)(A) of this section, shall be as follows: (A) Repealed by Laws 2018, ch. 36, § 2. (B) Repealed by Laws 2018, ch. 36, § 2. (C) Except as otherwise provided in this subparagraph, for each school year, up to one hundred fifteen percent (115%) of the prescribed per student gross square footage criteria. For school year 2025-2026, up to one hundred thirty-five percent (135%) of the prescribed per student gross square footage criteria. (iv) The square footage of any district building or facility which is closed and not operational, is not being replaced under a district's facility plan under W.S. 21-15-116, is not determined surplus by the department and is specified as a closed building within the district's facility plan as a cost efficient means to address future district building needs, shall be segregated from the square footage of other district buildings and facilities and multiplied by the replacement value under paragraph (c)(v) of this section for the appropriate building category. The resulting amount shall then be multiplied by an exterior closure factor established by the department based upon the most current edition of the Whitestone Building Maintenance and Repair Cost Reference Index and added to the total amount determined for the district under paragraph (c)(viii) of this section. This paragraph shall not apply to any school year during which the building or facility is reopened and becomes operational for purposes of delivering the required educational program within the district or to any school year during which the building or facility is used to provide certified child care, developmental preschool or cooperative education programs pursuant to subparagraph (c)(i)(A) of this section; (v) Multiply the adjusted square footage amount for each district's educational buildings determined under paragraph (c)(iii) of this section and the amount determined under paragraph (c)(ii) of this section for all remaining building categories of that district, times a replacement value cost factor established for each building category by the department computed using data from August 1 of the prior school year based upon the median estimate in the most current edition of a nationally recognized, quarterly published construction cost index that provides cost indices for elementary schools, junior high schools, high schools, offices and warehouses by city or town, as modified to reflect current Wyoming construction costs determined by the department of administration and information, division of economic analysis; (vi) Multiply the amount computed under paragraph (c)(v) of this section for the adjusted square footage of the district's educational buildings times two and one-half percent (2.5%) for school year 2025-2026 and each school year thereafter; (vii) Multiply the sum of the amounts obtained under paragraph (c)(v) of this section for the building categories identified under subparagraphs (c)(ii)(A) and (D) of this section times two and one-half percent (2.5%) for school year 2025-2026 and each school year thereafter, adjusted as follows: (A) Determine the proportion that the sum of the square footage for these building categories within the district bears to the educational building square footage computed under subparagraph (c)(ii)(C) of this section, as adjusted pursuant to paragraph (c)(iii) of this section, excluding any square footage included under paragraph (c)(iv) of this section; (B) If the proportion is ten percent (10%) or less, the district is entitled to one hundred percent (100%) of the amount computed under this paragraph; (C) If the proportion is greater than ten percent (10%) but less than sixteen percent (16%), the district is entitled to ninety percent (90%) of the amount computed under this paragraph; (D) If the proportion is sixteen percent (16%) or greater but less than twenty-one percent (21%), the district is entitled to eighty percent (80%) of the amount computed under this paragraph; (E) If the proportion is twenty-one percent (21%) or greater, the district is entitled to seventy percent (70%) of the amount computed under this paragraph. (viii) Total the amounts computed under paragraphs (c)(iv), (vi) and (vii) of this section. (d) Repealed By Laws 2004, Chapter 114, § 2. (e) Amounts distributed under subsection (b) of this section shall be deposited by the recipient district into a separate account, the balance of which may accumulate from year-to-year. Except as specified under subsection (f) of this section, expenditures from the separate account, including any interest earnings on the account, shall be restricted to expenses incurred for major building and facility repair and replacement and shall be in accordance with the district's facility plan under W.S. 21-15-116. Account expenditures may include the expenses of district personnel performing work described under paragraph (a)(iii) of this section if approved by the department and if documented within the district's facility plan. The district's facility plan shall clearly specify proposed major maintenance expenditures for addressing district major building and facility repair and replacement needs on a building-by-building basis, updated for the applicable reporting period, which shall be aligned to the statewide adequacy standards and prioritized based upon the impact of the building or facility on the district's ability to deliver the required educational program. The district shall include plans for maintaining any district building or facility which is under a lease agreement, specifying lease revenues available to the district for maintenance of facilities to the level required by statewide adequacy standards. No expenditures shall be made from the separate account unless the repair or replacement of the building or facility systems for which the expenditure is to be made is clearly specified within the district's facility plan or otherwise approved by the department. In a manner and form required by commission rule and regulation, each district shall annually report to the department on the expenditures made from the separate account during the applicable reporting period, separating account expenditures on a building-by-building basis. The department shall annually review account expenditures. The department shall, in consultation with each respective school district, provide a report to the commission, the select committee on school facilities established under W.S. 28-11-301 and the joint appropriations committee on major maintenance expenditures. The department shall compile reported building-by-building expenditure information for each district and the district facility plan and include this information in its annual report to the select committee pursuant to W.S. 21-15-121. If any district expends funds within the separate account for purposes not authorized by this subsection or by rule and regulation of the commission, the payments for that district shall be reduced by the amount of the unauthorized expenditure in the school year following the year in which the expenditure was discovered or the school year in which notification was provided by the department, whichever first occurs. (f) Notwithstanding subsection (e) of this section, a district may expend up to ten percent (10%) of the amount distributed during any school year under subsection (b) of this section for major building and facility repair and replacement needs of the district which are not specified in the district's facility plan, including expenditures for maintenance of district enhancements. Expenditures shall be made under this subsection only after the district's building and facility repair and replacement needs specified in its facility plan have been addressed in accordance with subsection (e) of this section and the department has approved the district's proposed expenditures under this subsection. Amounts not expended for purposes of this subsection during any school year may be accumulated by a district and earmarked within the separate account established under subsection (e) of this section for expenditure under this subsection in subsequent school years, provided the unexpended amount during any school year to be accumulated does not exceed ten percent (10%) of the amount distributed to the district under subsection (b) of this section for that school year. Each district shall include expenditures under this subsection and any amounts accumulated from year-to-year under this subsection within the annual report required under subsection (e) of this section. Nothing in this subsection shall prohibit or limit the application of subparagraph (c)(i)(D) of this section in computing a district's building and facility gross square footage for purposes of determining payment amounts under this section. If any school district exceeds expenditure limitations prescribed by this subsection or fails to comply with expenditure levels for facility adequacy needs identified within its facility plan, the payments for that district in the immediately succeeding year shall be reduced by the excess expenditure amount including any excess expenditure of amounts accumulated under this subsection.

Wyo. Stat. Ann. § 21-15-111 Definitions.

(a) As used in this act, unless the context requires otherwise: (i) Repealed by Laws 2023, ch. 175, § 3. (ii) "Commission" means the school facilities commission created by this act; (iii) "Local enhancements to school buildings and facilities" or "local enhancements" means any renovation, capital renewal, construction, replacement, repair or other improvement of or to any school building or facility initiated by a school district which is designed to bring the building or facility to a condition exceeding the statewide building adequacy standards and the commission's facility design standards and guidelines; (iv) "Project" means replacement, renovation, capital renewal or new construction projects that increase the value of the school building or facility by improving the functioning of the building or facility or the capacity of the building or facility, or both, excluding major building and facility repair and replacement as defined by W.S. 9-2-3001(b)(ix), and routine maintenance as defined by W.S. 9-2-3001(b)(xii); (v) "Remedy" or "remediation" means a course of action addressing identified building and facility needs in accordance with statewide adequacy standards developed under this act, consisting of building or facility construction, replacement, renovation, capital renewal, repair or any combination thereof; (vi) "School buildings and facilities" mean the physical structures and the land upon which the structures are situated, which are primarily used in connection with or for the purpose of providing the educational programs offered by a school district in compliance with law, including both student-related and nonstudent-related buildings and facilities; (vii) Repealed By Laws 2008, Ch. 93, § 2. (viii) "This act" means W.S. 21-15-108, 21-15-109 and 21-15-111 through 21-15-123; (ix) "Department" means the state construction department created by W.S. 9-2-3001; (x) "Capital renewal" means as defined by W.S. 9-2-3001(b)(viii) for school buildings and facilities; (xi) "Renovation" means as defined by W.S. 9-2-3001(b)(xi) for school buildings and facilities. (b) Repealed By Laws 2002, Ch. 99, § 3. (c) Repealed By Laws 2002, Ch. 99, § 3. (d) Repealed By Laws 2002, Ch. 99, § 3. (e) Repealed By Laws 2002, Ch. 99, § 3. (f) Repealed By Laws 2002, Ch. 99, § 3. (g) Repealed By Laws 2002, Ch. 99, § 3. (h) Repealed By Laws 2002, Ch. 99, § 3. (j) Repealed By Laws 2002, Ch. 99, § 3. (k) Repealed By Laws 2002, Ch. 99, § 3. (m) Repealed By Laws 2002, Ch. 99, § 3. (n) Repealed By Laws 2002, Ch. 99, § 3. (o) Repealed By Laws 2002, Ch. 99, § 3. (p) Repealed By Laws 2002, Ch. 99, § 3. (q) Repealed By Laws 2002, Ch. 99, § 3.

Wyo. Stat. Ann. § 21-15-112 Leasing of real property.

(a) At the request of the school facilities commission, any school district shall lease any land, building, or fixture from the nonprofit corporation approved by the state building commission pursuant to 1997 Wyoming session laws, chapter 94, section 3, as amended by 1998 Wyoming session laws, chapter 35, subject to the following conditions: (i) The lease shall be terminable, without penalty, at the sole option of the lessee; (ii) Any option to purchase under the lease shall be at the sole discretion of the lessee; (iii) The financing for the land, building, or fixture to be leased under the lease may only involve private funds and may not involve the creation of any indebtedness or debt within the meaning of any constitutional or statutory provision or limitation; (iv) The lessee shall not pledge the lessee's full faith and credit for any payments under the lease or any financing thereof; (v) The obligations of the lessee under the lease shall constitute a special obligation of the lessee and may be paid only from sources authorized by the legislative body of the lessee and may be terminated, without penalty or recourse against the lessee, in the event that the legislative body of the lessee fails to appropriate sufficient funds to meet the financial obligations under the lease; (vi) No bonds or other obligations of the lessor shall constitute an indebtedness, legal, moral or otherwise, result in a pecuniary obligation, legal, moral or otherwise, or constitute a pledge of or charge, legal, moral or otherwise, against the faith or credit of the lessor, the state, any department, agency, board, commission or political subdivision of the state, any instrumentality of any of the foregoing or any public body corporate or other public body created by or pursuant to the constitution or statutes of the state; (vii) The obligations of the lessee to make any payments due under the lease in any fiscal year shall be limited to funds appropriated by the legislative body of the lessee for that fiscal year and no appropriation by the legislative body of the lessor of funds to make payments due under the lease for any fiscal year shall constitute, or be construed to create, any obligation, legal, moral or otherwise, by the lessee to appropriate funds to make any payments due under the lease for any other fiscal year or constitute an indebtedness, legal, moral or otherwise, result in a pecuniary obligation, legal, moral or otherwise, or constitute a pledge of or charge, legal, moral or otherwise, against the faith or credit of the lessor, the state, any department, agency, board, commission or political subdivision of the state, any instrumentality of any of the foregoing or any public body corporate or other public body created by or pursuant to the constitution or statutes of the state; and (viii) The lease shall provide that all bonds or any other obligations of the lessor relating to the land, building, or fixture to be leased under the lease contain disclaimers describing the limitations set forth in paragraphs (i) through (vii) of this subsection. (b) For purposes of this section, the legislative body: (i) Of the state, any department, agency, board or commission of the state or any instrumentality of any of the foregoing is the state legislature; (ii) Of any school district is the board of trustees of such school district.

Wyo. Stat. Ann. § 21-15-113 School facilities commission; membership; conflict of interest; terms; chairman; meetings; compensation.

(a) The school facilities commission is established to consist of eight (8) members comprised of the state superintendent of public instruction, who shall serve in an ex-officio, nonvoting capacity, and seven (7) members who are Wyoming residents appointed by the governor with one (1) member appointed from each of the seven (7) appointment districts designated in W.S. 9-1-218(b). Four (4) of the appointees shall have knowledge and experience in the following areas: (i) Repealed By Laws 2011, Ch. 2, § 3. (ii) Repealed By Laws 2011, Ch. 2, § 3. (iii) Building and facility engineering, construction and operations; (iv) Building design and specifications; (v) Estimating, bidding and building construction; (vi) School district administration. (b) Commission members appointed under subsection (a) of this section shall not be an employee of any educational association or organization. In addition, not more than one (1) commission member shall be an employee of a school district. Commission members shall be subject to W.S. 16-6-118 and shall not vote or otherwise participate in any matter as prohibited under W.S. 16-6-118. (c) Gubernatorial appointments shall be subject to senate approval and shall serve a term of four (4) years beginning March 1. Not more than seventy-five percent (75%) of the appointed members shall be of the same political party. The governor shall fill a vacancy on respective appointments to the commission in accordance with W.S. 28-12-101, and may remove appointed commissioners as provided by W.S. 9-1-202. (d) The governor shall designate a chairman from commission appointments, who shall hold office for the length of his term or until a successor is designated, whichever first occurs. The commission shall meet not less than quarterly and a majority of the voting membership constitutes a quorum for the transaction of commission business. (e) Appointed commissioners shall receive one hundred twenty-five dollars ($125.00) per day as salary for attendance at commission meetings and conducting official commission business, and shall be reimbursed for travel and other expenses incurred in the performance of their official duties in the same manner and amount as state employees.

Wyo. Stat. Ann. § 21-15-114 School facilities commission powers and duties.

(a) The school facilities commission shall: (i) Repealed By Laws 2011, Ch. 2, § 3. (ii) Adopt policies, guidelines and standards for any assessment of school buildings and facilities under W.S. 21-15-117; (iii) Adopt policies, guidelines and standards for school district facility plans required under W.S. 21-15-116 and review and approve each plan as required under this act; (iv) Repealed By Laws 2011, Ch. 2, § 3. (v) Repealed By Laws 2011, Ch. 2, § 3. (vi) Repealed By Laws 2011, Ch. 2, § 3. (vii) Develop policies and criteria for use in determining renovation, replacement or discontinuation of inadequate buildings and facilities based upon statewide adequacy standards and other requirements necessary to ensure adequate, efficient and cost effective school buildings and facilities; (viii) Repealed By Laws 2011, Ch. 2, § 3. (ix) Establish criteria and procedures for the identification of local enhancements to school buildings and facilities which are in excess of state building adequacy standards and develop criteria and procedures to determine whether and how any local enhancements should be incorporated into the statewide adequacy standards; (x) Repealed By Laws 2011, Ch. 2, § 3. (xi) Establish a process under which prototypes are developed for remedies addressing building and facility needs identified under this act through building and facility replacement. Prototypes shall be assembled based upon: (A) Capacity requirements of the building or facility and projected student populations to be attending programs in the building or facility; (B) Educational programs to be provided within the building or facility, provided that this subparagraph shall not be construed to grant the commission any authority to specify the educational programs offered by any district; (C) Accommodations, in coordination and cooperation with the district, to the proposed site on which the building or facility is to be constructed, including specific site requirements and limitations. (xii) Develop criteria and procedures for the site analysis of remedies responding to identified building and facility needs by building and facility replacement. Site analysis shall include a comprehensive review and evaluation of site soil conditions, traffic patterns, utilities and site topography; (xiii) Repealed By Laws 2011, Ch. 2, § 3. (xiv) Repealed By Laws 2011, Ch. 2, § 3. (xv) With prior consultation with the select committee on school facilities, promulgate necessary rules and regulations to administer and implement this act. (b) Repealed By Laws 2011, Ch. 2, § 3. (c) Repealed By Laws 2011, Ch. 2, § 3.

Wyo. Stat. Ann. § 21-15-115 Statewide standards for school building and facility adequacy.

(a) The commission shall by rule and regulation establish and maintain uniform statewide standards for the adequacy of school buildings and facilities necessary for providing educational programs prescribed by law for the public schools. If a building owned by a district meets the applicable standards under this subsection for use by the district to educate students and was previously used for the purpose of educating students, no municipal or county zoning requirements shall be construed or applied so as to prevent the district from using the building for the purpose of educating students, or to require the district to make any modification to the building as a condition of using the building for the purpose of educating students. The uniform standards shall at minimum include: (i) Requirements for educating students in a safe environment including all applicable building, health, safety and environmental codes and standards required by law for all public buildings; (ii) Building site requirements; (iii) Building performance standards and guidelines including energy efficiency criteria; (iv) Assurances for the special needs of identified student populations including children with disabilities; (v) Standards for educational space to allow the delivery of the required educational programs; (vi) Building capacity criteria aligned to the prescribed state educational program, with consideration given to utilization differences between school sizes and school levels in accordance with W.S. 21-15-117(e)(iv); (vii) Technological capacity criteria sufficient to meet required educational program needs and the requirements imposed under the state education technology plan; (viii) Building and facility accessibility. (b) Repealed by Laws 2021, ch. 131, § 2. (c) The commission shall not less than once every four (4) years, review and evaluate the building and facility adequacy standards established under subsection (a) of this section. Review and evaluation of the standards shall include the identification of local enhancements to buildings and facilities during this review and evaluation period, and based upon criteria and procedures developed by the commission, a determination as to whether and how any local enhancements should be incorporated into the statewide standards. The review and evaluation under this subsection shall extend to components of the annual evaluation of school buildings, the facility remediation schedules and the needs prioritization process established by the commission under W.S. 21-15-117. Findings and recommendations pursuant to this subsection shall be reported to the select committee on school facilities before the next convening date of the legislative session immediately following completion of the review and evaluation, and shall specifically address any need to expand any needs assessment under W.S. 21-15-117, to conduct a reassessment of building and facility adequacy or to modify the needs prioritization process. (d) The commission shall not hinder or curtail the right of a school district to undertake local enhancements to buildings and facilities which are in excess of state building adequacy standards, as permitted by law.

Wyo. Stat. Ann. § 21-15-116 School district facility plans; development, review and approval; plan criteria; administrative review; collaborative committee process.

(a) In accordance with rules and regulations of the commission, long range comprehensive school building and facility plans for each school district shall be developed by the department in coordination with the applicable district, which address district wide building and facility needs. The facility plan shall identify building and facility needs aligned with the statewide adequacy standards, actions to remediate building and facility needs including new construction, demolition as provided in this subsection, renovation, capital renewal and major building and facility repair and replacement expenditures, and any local enhancements to buildings and facilities beyond statewide adequacy standards. The facility plan shall include a response to each school building and facility need identified on a building-by-building, space-by-space basis. The plan shall also review, and to the extent practical, identify and prioritize nonconstruction alternatives to school building and facility needs such as building closure, modification of school boundaries, modification of school grade configurations and similar approaches. Demolition or use, lease or other methods of disposition of surplus buildings and facilities shall be incorporated as part of the district plan, including the disposition of any existing land owned by the district. The plan shall not include the abandonment or demolition of any school facility or building unless there has first been a public hearing on the issue. The plan shall also specify identified alternative methods of building disposition, proposed allocation of costs incurred or revenues resulting from disposition and allocation of disposition revenues to offset any costs paid by the department. In addition, district facility plans shall include: (i) Student enrollment projections for a period of five (5) years commencing on the date as determined by the commission of anticipated completion of project construction using commission approved measures and techniques, including a description of the methods used in making projections. The commission may adjust projections computed under this paragraph as necessary to reflect more precise analysis and evaluation of historical, economic, social and other data impacting the community in which the buildings are or are to be located; (ii) A description of proposed new schools or additions and remediations to existing schools necessary to meet building adequacy standards, including: (A) The grade levels and the total number of pupils that the proposed school or school addition or remediation is intended to serve; (B) The year in which it is necessary to commence operations of the proposed new school or school addition; (C) The timeline for the planning and construction of the new school or school addition or remediation. (iii) Projections for new land required for new schools including land purchase, acquisition and site analysis; (iv) Appropriate cost estimates; (v) A plan for addressing district major building and facility repair and replacement needs as required under W.S. 21-15-109(e) and routine maintenance needs. The routine and major maintenance plan shall: (A) Be designed to eliminate maintenance backlogs, establish proactive maintenance practices and ensure that school buildings and facilities and components, equipment and systems of school buildings and facilities reach their full life expectancy; (B) Anticipate the funding of major building and facility repair for the components, equipment and systems of school buildings and facilities that have a life expectancy that is less than the life expectancy of the school building or facility of which the component, equipment or system is part; (C) Establish requirements for maintaining routine maintenance records for school buildings and facilities and the components, equipment and systems of school buildings and facilities. (vi) An inventory of buildings and facilities to be leased by the district during the planning period, either as lessee or lessor, including the purpose for which the leased buildings and facilities are to be used and if any of this leased space will involve any district buildings or facilities included within the statewide school facilities database maintained by the department under W.S. 21-15-123(f)(iv); (vii) Other information required by the department to evaluate each district's plan. (b) Repealed By Laws 2008, Ch. 93, § 2. (c) Repealed By Laws 2008, Ch. 93, § 2. (d) At least once every two (2) years, the commission shall review and approve each plan developed by the department under this section to ensure each plan: (i) Complies with state adequacy standards; (ii) Reduces building and facility needs in the most efficient and cost effective manner in order to deliver quality educational services; (iii) Considers nonconstruction alternatives; (iv) Provides facilities capable of supporting the provision of the statewide educational program required by law of public schools. (e) Any school district aggrieved by a decision of the department or the commission under this act may seek review in accordance with the Wyoming Administrative Procedure Act. In accordance with W.S. 16-3-112, review of a decision of the department shall be before the commission. (f) In carrying out this act and in accordance with policies adopted by the commission, the commission or the department shall consult with the affected school districts and shall provide districts the opportunity to informally review facility plans, remedies and projects with the department or the commission before districts pursue administrative review under subsection (e) of this section. (g) In expending funds appropriated by the legislature for projects submitted by the commission under W.S. 21-15-119, and commensurate with school district efforts undertaken in facility planning required under subsection (a) of this section, the state construction department shall require school district boards of trustees to incorporate a collaborative committee process, advisory to the board, which assists the school district with planning district remedies for school buildings, ranging from site selection to project planning and design. The collaborative committee process for remedy development may include project stakeholders comprised of students, parents, teachers, principals, district administration, school board of trustee members, representative legislators, at-large members of the community and others. Although advisory to district boards, the collaborative committee shall assist the boards with informing the respective community and in developing community-based input into project development.

Wyo. Stat. Ann. § 21-15-117 Annual evaluation of school buildings and facilities; remediation schedules; needs prioritization; combining facilities; implementation of remedy.

(a) The commission shall annually evaluate the adequacy of school buildings and facilities and prioritize school building and facility needs in accordance with this subsection. The commission shall cause the department, as it deems necessary, to conduct periodic on-site visitations and inspections of school buildings and facilities and acquire other relevant needs assessment data acquired in coordination and cooperation with the districts for purposes of this evaluation and prioritization. The commission shall give due consideration to district facility plans developed under W.S. 21-15-116 in performing this evaluation and prioritization. To conduct the evaluation and prioritization, the commission shall establish two (2) schedules for building and facility remediation on a statewide basis using appropriate scoring systems, as described in paragraphs (i) and (iii) of this subsection. Under each of the two (2) schedules the commission shall prioritize educational building and facility needs that impede the delivery of the prescribed statewide educational program. Remediation undertaken under these schedules shall over time bring all buildings and facilities to the levels set by the statewide adequacy standards promulgated under W.S. 21-15-115(a). The commission shall annually develop: (i) One (1) schedule to remedy building condition needs, which shall be based on appropriate criteria and measures for building condition, as established by commission rule and regulation, compiled under the building systems condition reference guide for building condition. The schedule shall be categorized by educational and noneducational building; (ii) Repealed By Laws 2011, Ch. 71, § 2. (iii) One (1) schedule to remedy building capacity needs. The commission shall base the schedule on an analysis of student enrollment changes, performed in accordance with a commission approved enrollment projection methodology, to determine the need for changes in building capacities for compliance with statewide adequacy standards over a five (5) year projection period commencing on the date of anticipated completion of project construction. The commission may adjust projections computed under this paragraph as necessary to reflect more precise analysis and evaluation of historical, economic, social and other data impacting the community in which the building is or is to be located; (iv) Repealed by Laws 2021, ch. 131, § 2. (v) Repealed by Laws 2021, ch. 131, § 2. (vi) Repealed by Laws 2023, ch. 83, § 2. (b) The commission shall for each building and facility remedy scheduled under subsection (a) of this section, ensure the adoption of the most cost effective method of remediation of building and facility needs to deliver quality educational services and ensure compliance with the statewide adequacy standards. The commission shall only request capital outlay for a building with capacity needs identified under paragraph (a)(iii) of this section after consideration of all other remedies for that building. For any scheduled remedy for which major building and facility repair and replacement payments under W.S. 21-15-109 are not sufficient to remedy the scheduled need, as determined by the commission, the commission shall determine if the remedy requires capital outlay. (i) Repealed By Laws 2008, Ch. 93, § 2. (ii) Repealed By Laws 2008, Ch. 93, § 2. (c) In determining the most cost effective method in meeting capital construction needs in order to deliver quality educational services, the commission in consultation with the select committee on school facilities, may recommend consolidating educational facilities within, between or among school districts. The legislature shall approve any consolidation of educational facilities between two (2) or more school districts. (d) In determining building and facility remedies under subsection (b) of this section, in developing criteria and procedures for site analysis under W.S. 21-15-114(a)(xii) and in approving district facility plans under W.S. 21-15-116 and otherwise administering this act, the commission shall adopt the remedy that is in the best financial and educational interests of the state, taking into consideration the recommendations of the department and the most efficient and cost effective approach in order to deliver quality educational services and address building and facility need. Expenditures from the public school foundation program account for school capital construction shall be for necessary and related costs to implement efficient and cost effective building and facility remedies required to deliver quality educational services. In making determinations under this subsection, the commission shall take into consideration the effects of the proposed activity on the local community. The commission shall implement this subsection in carrying out building and facility remedies and shall, giving proper consideration to the prevention of unnecessary delays in proceeding with a remedy, establish a process to work with other political subdivisions of the state in implementing this subsection. (e) For any building subject to paragraph (a)(iii) of this section, and when prioritizing buildings and facilities remedies pursuant to subsection (a) of this section, the commission shall consider criteria for building capacity established by commission rule and regulation which include: (i) A comparison of the existing and projected student population served by each building to square footage guidelines established by the commission under W.S. 21-15-115(a) for that building; (ii) An analysis of the number of classrooms within the building including an examination of the building square footage devoted to classrooms compared to the building total square footage; (iii) An analysis of the building's square footage per student; (iv) An examination of loading and utilization factors for that building to encourage the efficient use of classrooms with a factor of eighty-five percent (85%) of the instructional area applied to middle and high school level buildings, and a factor of one hundred percent (100%) of the home room instructional area applied to elementary school buildings; and (v) Total acreage of the site on which the building is situated.

Wyo. Stat. Ann. § 21-15-118 Building and facility construction and renovation projects.

(a) Upon determination by the commission following review under W.S. 21-15-117, and appropriation by the legislature in accordance with W.S. 21-15-119, the department shall proceed with projects as follows: (i) Repealed By Laws 2008, Ch. 93, § 2. (ii) If a capital outlay remedy: (A) With the assistance of the involved school district, develop and approve the necessary schematic design documents; (B) Conduct a value engineering analysis of the project; (C) Perform an energy efficiency assessment of the project; (D) Conduct a safety and security assessment of the project; (E) Enforce the requirements under subparagraphs (a)(ii)(B) through (D) of this section and may waive any of these requirements if determined not necessary or if provided within any one (1) of the other requirements specified under this paragraph. (b) If required, the department shall provide for temporary space for any scheduled building remedy by means of portable buildings creating capacity or by other means available to the department. (c) The projects shall be managed and all necessary contracts related to the projects shall proceed in accordance with rules adopted pursuant to W.S. 9-2-3004(c)(ii) and commission rules and regulations promulgated and adopted pursuant to W.S. 21-15-114(a)(xv).

Wyo. Stat. Ann. § 21-15-119 Commission budget and funding recommendations.

(a) Notwithstanding W.S. 9-2-1012, the commission shall annually, not later than September 1, develop and submit a recommended budget for projects and school capital construction financing to the governor, through the state budget department and to the select committee on school facilities. The department shall prepare and provide information as requested by the commission. The commission shall include with its recommended budget to the select committee the prioritized schedules of projects specified in W.S. 21-15-117 including the amounts allocated to each project and the annual building status report specified under W.S. 21-15-121. The recommended budget submitted by the commission shall include: (i) The estimated costs and proposed funding amounts for all projects determined under W.S. 21-15-117 and 21-15-118 and proposed for that budget period, together with estimated expenditures for major building and facility repair and replacement program payments under W.S. 21-15-109 for the same budget period. To the extent the amount of payments under W.S. 21-15-109 for the same budget period are insufficient to repair, replace or upgrade a poor component, equipment or system of a school building or facility, the recommended budget may separately identify and request additional amounts necessary to repair, replace or upgrade the poor component, equipment or system. Except as otherwise provided by law, any supplemental funding appropriated in response to a budget recommendation submitted under this paragraph shall be conditioned on the school district amounts available in the separate account established under W.S. 21-15-109(e) for major building and facility repair and replacement; (ii) Financing alternatives for funding the recommended budget, which uses any combination of the following financing alternatives: (A) Direct payment from the public school foundation program account; (B) Proceeds from state revenue bonds issued under W.S. 21-15-108; (C) Real property leasing under W.S. 21-15-112. Any payments for real property leasing shall be made from the public school foundation program account subject to W.S. 21-15-112. For the purpose of this section, real property leasing includes payments sufficient for the exercise of a purchase option under the lease. (iii) In odd-numbered years, the commission's recommendation on September 1 shall be for expenditures during the two (2) succeeding fiscal years. The recommendation for the second year shall be based on estimates of expenditures and payments. In even-numbered years, the commission's recommendation on September 1 shall be for expenditures during the succeeding fiscal year. As it determines to be necessary in any year, the commission's recommendation on September 1 may contain a recommendation for revised expenditures during the current fiscal year. (b) The department may enter into agreements under which the department may make payments on behalf of a school district with respect to the district's lease of school facilities under W.S. 21-15-112. The department may also enter into any agreement with a nonprofit corporation or other entity necessary to ensure that a district can lease facilities under W.S. 21-15-112. (c) Budgets submitted by the commission under subsection (a) of this section shall be attached to specified projects for the applicable budget period and shall separately identify amounts for design phase projects and construction phase projects. With the approval of the governor, the department may transfer up to fifteen percent (15%) of the total funds appropriated between project phases. Any modification of expenditures between project phases shall be reported to the select committee in accordance with W.S. 28-11-301(c)(iv). Additionally, the commission may for any budget period specify amounts within its budget which are recommended to cover inflation, unanticipated costs, off-site infrastructure costs and other such contingency or special project costs provided the additional costs are reported and approved in accordance with W.S. 28-11-301(c)(iv). Nothing in this subsection shall prohibit the legislature from making one (1) appropriation for both the design and construction phases for a project. (d) Amounts appropriated by the legislature shall not be construed to be an entitlement or guaranteed amount and shall be expended by the department in accordance with facility design standards and guidelines to ensure adequate, efficient and cost effective school buildings and facilities as required by W.S. 21-15-114(a)(vii). The commission shall adopt facility design standards and guidelines that are sufficiently specific to ensure that all projects constructed using state funds, excluding major building and facility repair and replacement projects, are subject to value engineering and are reasonably uniform across the state. In establishing the facility design standards and guidelines, the commission shall incorporate reasonable input and participation for conforming an aesthetic design within the community.

Wyo. Stat. Ann. § 21-15-120 Emergency facility needs.

(a) The commission shall promulgate rules under which an emergency shall be determined to exist with respect to the adequacy of the school buildings and facilities of any school district such that the ability of the district to provide educational programs required by law is immediately and substantially impacted and no reasonable alternative exists to address it other than emergency funding under this section. (b) Upon a finding that an emergency exists under subsection (a) of this section, the commission shall in accordance with rules and regulations promulgated by the commission under this subsection and to the extent funds are available within the public school foundation program account or otherwise made available by the legislature, acquire facilities and equipment, undertake school building and facility repairs, fund additional operating expenses incurred in providing temporary measures and other responses to the emergency situation including necessary investigative and qualified contract assistance expenses incurred by the commission, as necessary to enable the district to provide educational programs required by law on a temporary basis until permanent action can be taken to address school building and facility adequacy.

Wyo. Stat. Ann. § 21-15-121 Annual school building status report to select committee on school facilities.

(a) Not later than September 1 of each year, the commission shall submit a report to the select committee on school facilities on progress being made under the school capital facilities system established under this act. The report shall be incorporated into the proposed budget submitted to the select committee under W.S. 21-15-119 and shall include: (i) Building and facility needs determined under W.S. 21-15-117, identifying progress made in the year reported; (ii) Building and facility needs addressed under this act or otherwise by districts including any building or facility which is closed or otherwise removed from operation during that year, and relating this paragraph to progress made in building and facility condition under paragraph (i) of this subsection; (iii) Use of major building and facility repair and replacement funds which have addressed buildings and facilities identified under W.S. 21-15-117(a), including the impact of expenditures of these funds, as quantified pursuant to any needs assessment under W.S. 21-15-117(a), on building condition as reported under paragraph (i) of this subsection and on the capacity of these buildings and facilities; (iv) Amounts of funds expended to address building and facility needs for the period of time addressed in the report together with historical amounts; (v) The impact of expenditures on the building and facility scores for condition and computed building capacity; (vi) Repealed By Laws 2008, Ch. 93, § 2. (vii) Repealed By Laws 2008, Ch. 93, § 2. (viii) Any expenditures for emergency school building and facility needs under W.S. 21-15-120.

Wyo. Stat. Ann. § 21-15-123 State construction department; duties and authority relating to school facilities.

(a) Repealed by Laws 2016, ch. 105, § 4. (b) Repealed by Laws 2016, ch. 105, § 4. (c) Repealed by Laws 2016, ch. 105, § 4. (d) Repealed by Laws 2016, ch. 105, § 4. (e) The director of the state construction department or his designee shall review and evaluate school district requests for the alteration of grade configurations pursuant to W.S. 21-13-309(m)(vi), and shall evaluate the request in the best financial and educational interests of the state, taking into consideration the most efficient and cost effective approach in order to deliver quality educational services. (f) The state construction department shall: (i) Implement policies, guidelines and standards as adopted by the commission for school district facility plans required under W.S. 21-15-116; (ii) Subject to W.S. 21-15-117(a)(iii), establish a consistent, systematic research approach for student enrollment projections used by districts in developing district facility plans and forecasting building and facility needs to comply with statewide building adequacy standards; (iii) Develop cost per square foot guidelines to be used in estimating the cost of constructing, renovating and otherwise remediating buildings and facilities to comply with statewide adequacy standards, which shall account for demonstrated differences among regions and communities within the state; (iv) Establish a statewide school facilities database comprised of building and facility specific condition, suitability, accessibility, capacity, inventory and site data; (v) Enter into or approve project agreements with school districts, as appropriate. Each agreement shall: (A) Require the district to make arrangements for appropriate professional supervision and management of the project; (B) Provide for the review and approval by the department of project plans and specifications; (C) Provide for review and approval by the department of project changes and change orders provided that: (I) The agreement may specify parameters identifying the circumstances under which changes and change orders may also be approved; (II) All changes and change orders shall be approved by the district or its representative. (D) Establish payment schedules involving state funds; (E) Assure the state is not responsible or liable for compliance with project schedules or completion dates; (F) Provide that the agreement shall expire upon completion of the project or projects; (G) Contain any other provision mutually agreed upon by the department and the district; (H) Allow for alternate design and construction delivery methods as defined in W.S. 16-6-701 for provision of design and construction services, if approved by the commission; and (J) Require a contract compliance audit by independent auditing expertise of project budgets and expenditures prior to completing the project or projects. (vi) Review district proposals for the disposition or demolition of buildings and facilities made surplus by an approved project or by changes in school population, including allocation of resulting costs and revenues and report the proposals to the commission. Disposition shall include options for use, lease, sale and any other means of disposing of the surplus building or facility. The costs and revenues incurred by the disposition or demolition of the building or facility shall be accounted for in each district's school facility plan and considered in any building or facility remedy for that district, including the allocation of revenues resulting from the disposition of property rendered surplus to offset property demolition costs. The department shall report this review to the commission. The commission, after receiving a report of the review by the department, shall approve the proposal related to disposition or demolition submitted pursuant to this paragraph unless the commission determines that the proposal does not protect the financial interests of the state or is not otherwise in the public interest. Any revenues resulting from property disposition under this paragraph shall not be considered or counted under W.S. 21-13-310(a)(xiv) or (xv); (vii) Authorize, subject to commission review, the purchase and acquisition of sites for any project within the approved district facility plan if state funds are to be expended for the acquisition; (viii) Review any proposed sale of existing land owned by a district, which land is within the scope of the district's facility plan, and determine the impact of the land disposition upon that plan. The department shall report the review to the commission. The commission, after receiving a report of the review by the department, shall approve the proposal related to a sale submitted pursuant to this paragraph unless the commission determines that the proposal does not protect the financial interests of the state or is not otherwise in the public interest. If the commission determines land disposition adversely impacts the cost-effectiveness of the district's facility plan, the revenues resulting from land disposition shall be considered by the commission in any future building or facility remedy for that district and, notwithstanding paragraph (vi) of this subsection, the commission may direct the department of education to consider or count those revenues under either W.S. 21-13-310(a)(xiv) or (xv); (ix) Review requests submitted by charter schools pursuant to W.S. 21-3-304(k) to determine whether space exists within the applicable district for operation of the charter school that is available and adequate. (g) The department may contract with appropriate expertise and professionals, including auditors, in administering this act and performing duties imposed under this act.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title21.pdfFetched: 10/4/2026

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