Text of WY HB 61 (2024)

2024 STATE OF WYOMING 24LSO-0266 1 HB0061 HOUSE BILL NO. HB0061 Fiscal accountability and transparency in education. Sponsored by: Representative(s) Penn, Andrew, Bear, Haroldson, Heiner, Hornok, Jennings, Neiman, Ottman, Pendergraft, Trujillo and Ward and Senator(s) Hutchings and Laursen, D A BILL for 1 AN ACT relating to education; defining applicable terms; 2 requiring reporting by school districts as specified; 3 modifying contracting requirements for school districts as 4 specified; modifying the duties of the department of 5 education as specified; requiring parental or guardian 6 permission prior to instruction as specified; prohibiting 7 school districts from requiring school district personnel 8 and students to use a student's preferred pronouns if the 9 pronoun does not align with the student's biological sex; 10 and providing for an effective date. 11 12 Be It Enacted by the Legislature of the State of Wyoming: 13 14 Section 1. W.S. 21-3-135 is created to read: 2024 STATE OF WYOMING 24LSO-0266 2 HB0061 1 2 21-3-135. Fiscal accountability and transparency in 3 education. 4 5 (a) As used in this section: 6 7 (i) "Covered program" means any program 8 implemented by a school district that directly or 9 indirectly addresses any the following concepts: 10 11 (A) Diversity, equity or inclusion or DEI; 12 13 (B) Political or social activism; 14 15 (C) Social issues. 16 17 (ii) "Department" means the state department of 18 education as created by W.S. 21-2-104; 19 20 (iii) "Diversity, equity or inclusion" or "DEI" 21 means any program, activity or policy that promotes 22 differential or preferential treatment of individuals or 23 classifies such individuals on the basis of race, color, 2024 STATE OF WYOMING 24LSO-0266 3 HB0061 1 sex, national origin, gender identity or sexual 2 orientation; 3 4 (iv) "Political or social activism" means any 5 activity organized with a purpose of effecting or 6 preventing change to a government policy, action or 7 function or any activity intended to achieve a desired 8 result related to social issues, where the school district 9 endorses or promotes a position in school district 10 communications, advertisements, programs or activities. 11 "Political or social activism" does not include authorized 12 government relations and lobbying activities of the school 13 district concerning matters that directly affect the 14 operation of the school district or direct-support 15 organizations of the school district; 16 17 (v) "School district" means each school district 18 organized pursuant to W.S. 21-3-101, et seq.; 19 20 (vi) "Social issues" means topics that polarize 21 or divide society among political, ideological, moral or 22 religious beliefs, positions or norms. 23 2024 STATE OF WYOMING 24LSO-0266 4 HB0061 1 (b) Not later than August 30 each year, each school 2 district shall submit an itemized report to the department 3 of any public funds expended to implement, deliver or 4 support a covered program in any public school within the 5 school district for the immediately preceding school year. 6 The report shall be in the manner and form prescribed by 7 the department. The report shall at minimum include the 8 following: 9 10 (i) The number, job description and salaries of 11 employees whose duties or job function relate to the 12 implementation, delivery or support of a covered program; 13 14 (ii) The total budget amount allocated or 15 expended by the school district to implement, deliver or 16 support covered programs; 17 18 (iii) Individual amounts allocated or expended 19 by the school district to implement, deliver or support a 20 covered program; 21 2024 STATE OF WYOMING 24LSO-0266 5 HB0061 1 (iv) The number of trainings, courses, classes 2 and professional development sessions for school district 3 employees that in any manner relate to a covered program; 4 5 (v) The number of trainings, courses and classes 6 for students that in any manner relate to a covered 7 program; 8 9 (vi) The number of students disciplined, 10 counseled or involved in any remedial action related to the 11 implementation, delivery, support or improvement of a 12 covered program. 13 14 (c) Not later than August 30 each year, each school 15 district shall submit to the department the following 16 information in the manner and form prescribed by 17 department: 18 19 (i) A copy of any policy that exists or is 20 adopted by the school district to maintain, address or 21 improve a covered program; 22 2024 STATE OF WYOMING 24LSO-0266 6 HB0061 1 (ii) A copy of the student and employee 2 handbooks, including identification of the following: 3 4 (A) Enforcement provisions related to 5 school district policies involving covered programs; 6 7 (B) Penalties or disciplinary measures that 8 may be imposed for failure to comply with the school 9 district's policies related to a covered program; 10 11 (C) Due process policies or requirements 12 associated with imposition of penalties or disciplinary 13 actions for failure to comply with the school district's 14 policies related to a covered program; 15 16 (D) The process for school district 17 employees to withdraw or opt out of voluntary or mandatory 18 classes, lessons, trainings, educational activities or any 19 program or activity involving a covered program. 20 21 (iii) A copy of the process and procedures 22 utilized to comply with the permission requirements 23 contained in subsection (h) of this section; 2024 STATE OF WYOMING 24LSO-0266 7 HB0061 1 2 (iv) A copy of the policy utilized to comply 3 with the requirements contained in subsection (k) of this 4 section; 5 6 (v) A copy of any contracts or written 7 agreements the school district executes to provide 8 professional development, training, classes, lessons, 9 educational activities or any program or activity involving 10 covered programs, including identification of the amount 11 expended for each agreement; 12 13 (vi) A copy of any contract or written agreement 14 the school district executed to perform any evaluation, 15 analysis or audit involving a covered program, including 16 agreements to assess, create or develop a covered program. 17 The school district shall include all supporting 18 documentation related to such contracts or written 19 agreements, including but not limited to procurement 20 documents, bids, proposals and reports or work products 21 generated as a result of the agreements. The report shall 22 separately identify amounts expended under each contract or 2024 STATE OF WYOMING 24LSO-0266 8 HB0061 1 written agreement required to be reported under this 2 paragraph. 3 4 (d) The department shall ensure information reported 5 pursuant to subsections (b) and (c) of this section is 6 publicly accessible on the department's website. The 7 information shall be searchable by school district. 8 9 (e) Each school district shall ensure information 10 reported pursuant to subsections (b) and (c) of this 11 section is publicly accessible on the school district's 12 website. 13 14 (f) Notwithstanding any other provision of law, each 15 school district shall comply with the requirements of W.S. 16 9-2-3204 in the procurement of services or supplies to 17 perform any evaluation, analysis or audit involving a 18 covered program, including but not limited to agreements to 19 assess, create or develop a covered program. 20 Notwithstanding any other provision of law, contracts or 21 written agreements executed under this section and any 22 associated work products, reports or evaluations produced 23 as a result of such contracts or written agreements shall 2024 STATE OF WYOMING 24LSO-0266 9 HB0061 1 be made publicly available on each school district's 2 website. Contracts or written agreements executed under 3 this subsection shall require: 4 5 (i) The contractor to present any work product 6 or reports in performance of obligations under the contract 7 or written agreement during a public meeting of the school 8 district board of trustees with the opportunity for members 9 of the public to pose questions and obtain information 10 related to the work; 11 12 (ii) Measurable deliverables and periodic 13 benchmarks to evaluate the effectiveness of the school 14 district and the contractor in completion of the required 15 tasks; 16 17 (iii) Evaluation of the progress of the school 18 district and the contractor in meeting the measurable 19 deliverables and periodic benchmarks including a statement 20 whether the failure of the school district or the 21 contractor to perform tasks under the contract resulted in 22 discrimination of students. 23 2024 STATE OF WYOMING 24LSO-0266 10 HB0061 1 (g) Implementation of recommendations, findings or 2 suggested plans or action in response to a contract 3 executed under subsection (f) shall require a majority vote 4 of the board of trustees. 5 6 (h) Each school district shall obtain permission from 7 each student's parent or legal guardian prior to the 8 student participating or receiving instruction in any 9 trainings, courses or classes that address a covered 10 program. Written and electronic notice shall be given to 11 parents and legal guardians not less than fourteen (14) 12 calendar days prior to the student's participation or 13 receipt of instruction in any trainings, courses or classes 14 that address a covered program. Parents and guardians may 15 provide permission for the student to participate or 16 receive instruction in any trainings, courses or classes 17 that address a covered program. No student shall 18 participate or receive instruction in any trainings, 19 courses or classes that address a covered program without 20 written or electronic permission by the student's parent or 21 legal guardian as required under this subsection at least 22 one (1) day prior to the participation or instruction in 2024 STATE OF WYOMING 24LSO-0266 11 HB0061 1 any trainings, courses or classes that address a covered 2 program. 3 4 (j) Each school district shall adopt a policy and 5 ensure school district employees have the ability to 6 withdraw or opt out of voluntary or mandatory classes, 7 lessons, trainings, educational activities or any program 8 or activity involving a covered program. 9 10 (k) Each school district shall adopt a policy and 11 ensure that school district employees and students are not 12 required to refer to a student using the student's 13 preferred pronoun if the pronoun does not align with the 14 student's biological sex. 15 16 Section 2. W.S. 9-2-3204(b)(intro) and 17 21-3-110(a)(viii) are amended to read: 18 19 9-2-3204. General services division. 20 21 (b) For the purpose of this subsection the term 22 "agencies" does not include the University of Wyoming, 23 community college districts, or, except as provided by W.S. 2024 STATE OF WYOMING 24LSO-0266 12 HB0061 1 21-3-135(f), school districts. It does not include the 2 department of transportation except as to paragraphs (xi), 3 (xii) and (xiii) of this subsection. The department through 4 the general services division shall: 5 6 21-3-110. Duties of boards of trustees. 7 8 (a) The board of trustees in each school district 9 shall: 10 11 (viii) Except as provided by W.S. 21-3-135(f), 12 obtain competitive bids when any purchase of insurance, 13 supplies or materials other than textbooks costing more 14 than twenty-five thousand dollars ($25,000.00) and less 15 than fifty thousand dollars ($50,000.00) is contemplated 16 unless precluded by other regulation or statute. If the 17 amount of the purchase of insurance, supplies or materials 18 other than textbooks is equal to or exceeds fifty thousand 19 dollars ($50,000.00), a call for bids shall be published at 20 least once in a newspaper of general circulation in the 21 district and on the state procurement website, as defined 22 in W.S. 9-2-3001(b)(vii). For any contract for a capital 23 construction project with an estimated value in excess of 2024 STATE OF WYOMING 24LSO-0266 13 HB0061 1 fifty thousand dollars ($50,000.00), the board shall 2 publish a call for bids in a newspaper of general 3 circulation in the district at least once each week for two 4 (2) consecutive weeks. All contracts for capital 5 construction projects shall be let in accordance with W.S. 6 9-2-3004 and 9-2-3006 except as provided in this paragraph. 7 The district shall reserve the right to reject any and all 8 bids and to waive irregularities and informalities in any 9 bid, as defined in W.S. 9-2-3001(b)(v). No contract shall 10 be divided for the purpose of avoiding this paragraph. 11 Items for which bids must be obtained may be described in 12 the published call for bids by stating general requirements 13 and making detailed specifications available to prospective 14 bidders at the district's administrative headquarters. A 15 district shall independently meet the requirements of this 16 paragraph when procuring goods or services that are subject 17 to this paragraph through a board of cooperative 18 educational services; 19 20 Section 3. This act is effective July 1, 2024. 21 22 (END)