Wyo. Stat. Ann. § 21-2-101 Application of Wyoming Administrative Procedure Act.
The Wyoming Administrative Procedure Act shall apply to this code and no hearing shall be held or adjudications made except in compliance with its provisions.
The Administration of the State
Wyo. Stat. Ann. tit. 21, ch. 2
in effectWyo. Stat. Ann. § 21-2-102 Effect on functions and powers of board of trustees of University of Wyoming.
Nothing in this code shall be construed to limit or contravene the functions and powers of the board of trustees of the University of Wyoming as established by law in conformity with the constitution and laws of the state of Wyoming and the laws of the United States.
Wyo. Stat. Ann. § 21-2-103 Effect on functions and powers of community college commission.
Nothing in this code shall be construed to limit or contravene the functions and powers of the community college commission of Wyoming as established by law.
Wyo. Stat. Ann. § 21-2-104 State department of education established; personnel; facilities.
There shall be a separate and distinct state department designated as the state department of education which shall be under the supervision of the state superintendent and consist of the state superintendent and such divisions, staffed by personnel and provided with facilities the state superintendent determines necessary to assist him in the proper and efficient discharge of his respective duties.
Wyo. Stat. Ann. § 21-2-105 Delegation of duties of state superintendent.
The state superintendent may delegate ministerial and nondiscretionary duties within the department of education.
Wyo. Stat. Ann. § 21-2-201 General supervision of public schools entrusted to state superintendent.
(a) The general supervision of the public schools shall be entrusted to the state superintendent who shall be the administrative head and chief executive officer of the department of education.
(b) Repealed by Laws 2015, ch. 30, § 4.
(c) Repealed by Laws 2015, ch. 30, § 4.
Wyo. Stat. Ann. § 21-2-202 Duties of the state superintendent.
(a) In addition to any other duties assigned by law, the state superintendent shall:
(i) Make rules and regulations, consistent with this code, as may be necessary or desirable for the proper and effective administration of the state educational system and the statewide education accountability system pursuant to W.S. 21-2-204. Nothing in this section shall be construed to give the state superintendent rulemaking power in any area specifically entrusted to the state board;
(ii) Consult with and advise the state board, local school boards, local school administrators, teachers and interested citizens, and seek in every way to develop public support for a complete and uniform system of education for the citizens of this state;
(iii) Maintain adequate files and records of matters pertaining to the business of his office;
(iv) Enforce the provisions of this code and the administrative rules and regulations provided for in this code, in accordance with procedures provided by law;
(v) Repealed by Laws 1994, ch. 17, § 2.
(vi) Repealed by Laws 1994, ch. 17, § 2.
(vii) Assist the state board in the performance of its duties and responsibilities, including providing information to the board upon request;
(viii) Prepare and maintain a list of accredited schools in Wyoming;
(ix) Print and distribute to local boards of trustees, local school administrators and other persons and agencies within or without the state the school laws, regulations, forms, necessary reports of the state board, state committee, state superintendent and state department. The state superintendent may require the payment of reasonable costs of publication, handling and postage by persons or agencies outside the state requesting publications and shall deposit all payments into the general fund;
(x) Promulgate rules for the acceptance and disbursement of federal funds apportioned to the state for school lunch, milk and other commodities distribution programs. For purposes of these programs, the state superintendent may enter into agreements, employ personnel, direct disbursement of funds in accordance with federal law to be used by districts to operate the programs along with funds from gifts and the sale of school lunches or other commodities, assist in the training of personnel in the programs and accept gifts in connection with the programs. Districts shall maintain records and report to the state superintendent in accordance with rules promulgated under this paragraph, but accounts and records need not be preserved more than five (5) years. The state superintendent shall audit and conduct reviews and inspections of accounts, records and operations of programs to ensure effective administration and compliance with applicable law and rules. To the extent funds are available, the state superintendent shall conduct studies to determine methods to improve and expand school lunch programs and to promote nutritional education in the schools, including appraising nutritive benefits of school lunch programs. For school lunch program funds, the state superintendent shall utilize a revolving account with a balance of at least five thousand dollars ($5,000.00) to cover any operating expenditures incurred by the school lunch division of the department under 7 U.S.C. section 1431, the United States department of agriculture commodity program offered to the state and accepted by the participating schools and institutions. The schools and institutions shall be billed for their share pro rata of transportation and allied charges with the receipts to be used in replenishing the revolving account. If the United States department of agriculture removes all commodities from this program, the revolving account shall be discontinued and the balance shall be transferred to the general fund;
(xi) Repealed by Laws 1994, ch. 17, § 2.
(xii) Promulgate rules and provide a biennial plan and budget for the maintenance and operation of the Wyoming school for the deaf in Casper;
(xiii) Repealed By Laws 2000, Ch. 73, § 3.
(xiv) For purposes of the statewide assessment of students and reporting student performance under W.S. 21-2-304(a)(v), have authority to assess and collect student educational assessment data from school districts, community colleges and the University of Wyoming. All data shall be consolidated, combined and analyzed in accordance with W.S. 21-2-204(j) and shall be provided within a reasonable time in accordance with rules and regulations of the state board;
(xv) Repealed by Laws 1994, ch. 17, § 2.
(xvi) Assist the Wyoming professional teaching standards board in the performance of its duties and responsibilities under W.S. 21-2-801 and 21-2-802, including providing information to the board upon request;
(xvii) Include in the agency's budget request:
(A) Recommendations to the governor for appropriations from the public school foundation program account and for appropriations to the account necessary to fund payments to school districts as required by law; and
(B) Recommendations to the governor for appropriations from the foundation program for special programs.
(C) Repealed By Laws 2002, Ch. 99, § 3.
(xviii) In accordance with W.S. 21-2-501 and 21-2-701(a)(ii) and subject to W.S. 21-2-304(a)(iii) and 21-9-101(c), promulgate rules to assure that each child with disabilities receives a free and appropriate education in accordance with his capabilities, including persons who are deaf, blind or have other physical disabilities which prevent them from reading in a normal manner;
(xix) Serve as the state agency to accept all federal funds for aid to education, except as provided in W.S. 21-2-307 and 21-2-601, and as the agency to administer or supervise the administration of any state plan established or federal funds subject to federal requirements. Each acceptance is restricted in its effect to the specific situation involved. The state superintendent may:
(A) Enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statute;
(B) Establish a state plan, if required by the federal statute, to qualify the state for the benefits of the federal statute;
(C) Provide for reports to be made to the federal agency as may be required;
(D) Provide for reports to be made to the state department of education from local educational agencies receiving federal funds;
(E) Make surveys and studies in cooperation with other agencies to determine the needs of the state with respect to the application of federal funds;
(F) Establish standards to which agencies shall conform in receiving federal funds;
(G) Give technical advice and assistance to any local educational agency in connection with that agency obtaining federal funds;
(H) Take any other action as may be necessary to secure the benefits of the federal statute to the schools of this state. Nothing in this paragraph shall be construed as conferring any authority to the state superintendent with respect to the University of Wyoming or the various community colleges of the state;
(J) Repealed By Laws 2013, Ch. 1, § 3.
(xx) In cooperation with the state board, the Wyoming community college commission, University of Wyoming, public service commission, department of transportation, department of enterprise technology services, public libraries, school district boards of trustees, classroom teachers and other appropriate groups identified by the superintendent, develop and implement a statewide education technology plan which shall address staff training, curriculum integration and network connectivity in and between schools, communities and between the state and the world, and which shall have as its goal the provision of equal access to educational instruction and information. The statewide technology education plan may include telecommunications services provided by the department of enterprise technology services pursuant to W.S. 9-2-2906(g);
(xxi) Establish and maintain a uniform statewide reporting system based upon requirements of the statewide education accountability system established under W.S. 21-2-204 and the statewide student assessment implemented by the state board under W.S. 21-2-304(a)(v);
(xxii) In consultation with the department of environmental quality and school districts, establish guidelines for school districts for the proper and safe storage and disposal of toxic chemicals and other hazardous substances used by schools in educational programs;
(xxiii) Establish statewide guidelines for adequate special education staffing levels, to be used in assessing special education programs and services provided by school districts;
(xxiv) Monitor school district special education identification and service delivery practices, assess the appropriateness of district variations in services provided or the delivery of services and assist districts in developing alternatives to service delivery as necessary;
(xxv) Measure and track district special education programs based upon student performance and develop procedures to monitor student progress over time;
(xxvi) Establish criteria and guidelines for the identification of career and technical education courses by districts, for the computation of full-time equivalent (FTE) students participating in career and technical education courses and for the determination of full-time equivalent (FTE) career and technical education teachers, and provide for the annual collection of information necessary to implement and administer W.S. 21-13-309(m)(v)(D);
(xxvii) Develop a process and procedures necessary for consideration of district waivers from specified instructional and career and technical education program requirements specified under W.S. 21-13-309(m)(v)(D), including incentives encouraging teacher certification and program course sequencing compliance, subject to district submission of the following:
(A) Verification of the alignment of the proposed course or program with the state content and performance standards for career and technical education programs;
(B) Documentation of the additional costs associated with the proposed course or program including class size and specialized equipment needs; and
(C) If applicable, documentation of experiences and education of a noncertified teacher that would otherwise qualify the teacher to instruct the proposed course.
(xxviii) Establish necessary procedural and monitoring requirements for implementation of the career-technical education demonstration project grant program authorized under W.S. 21-12-105, including coordination with Wyoming post secondary education institutions and industry in developing program procedures and components;
(xxix) By rule and regulation, provide for the reporting of district career and technical education expenditures;
(xxx) Effective school year 2017-2018 and each school year thereafter, in consultation and coordination with local school districts, by rule and regulation establish a program of administering a standardized college entrance examination and a career readiness examination selected by the state superintendent to all students in the eleventh and twelfth grades throughout the state in accordance with this paragraph. The examinations selected by the state superintendent shall be administered throughout the United States and shall be relied upon by institutions of higher education. The college entrance examination shall at a minimum test in the areas of English, reading, writing and mathematics for all students in grade eleven (11). The career readiness examination shall be optional for all students in grade eleven (11) or twelve (12). The state superintendent shall pay all costs associated with administering the college entrance examination and the career readiness examination and shall schedule a day or days during which examinations shall be provided. The date or dates for statewide administration of the college entrance examination in grade eleven (11) and the career readiness examination shall be established by the state superintendent in a manner that best meets the needs of students and school districts. The state superintendent may enter into agreements with an administrator of the college entrance examination and the career readiness examination and adopt rules as necessary to ensure compliance with any requirements of an administrator, such as a secure environment. Alternate assessments and accommodations shall be offered by the state superintendent in accordance with rule and regulation;
(xxxi) By rule and regulation and in consultation with the state board of education and the Wyoming professional teaching standards board, provide guidance and oversight of virtual education. Courses taught pursuant to an agreement entered into under W.S. 21-13-330(m) or pursuant to W.S. 21-13-330(n) shall not be subject to this paragraph. The rules and regulations promulgated pursuant to this paragraph shall meet the requirements of this paragraph by:
(A) Establishing, approving, facilitating and monitoring a state network of virtual education courses that meet state standards for course content and delivery by Wyoming certified teachers or postsecondary faculty who meet the requirements of W.S. 21-7-303(b). The state superintendent shall annually publish a course catalog identifying the courses available and the tuition to be assessed on a per course basis as established by the school district instructing the course;
(B) Providing training and technical assistance to school districts, including professional development for teachers and school administrators, for the delivery of virtual education. In consultation with the professional teaching standards board, the rules shall specify minimum professional development requirements for teachers utilizing virtual education methods to instruct students;
(C) Monitoring the design, content, delivery and the accreditation of virtual education programs provided by school districts under W.S. 21-13-330;
(D) Establishing a centralized learning management system districts may utilize to administer, document, track, report and deliver virtual education courses. The centralized learning management system established pursuant to this subparagraph shall be made available for the use of all public school districts in the state. Districts may choose to establish individual or independent learning management systems. The rules and regulations shall specify criteria and necessary components of individual school district learning management systems;
(E) Implementing a comprehensive reporting process as necessary for federal and state funding requirements and establishing necessary data collection instruments and systems to monitor and improve virtual education programs statewide. Reporting and data collection requirements shall, at a minimum, allow for the disaggregation of assessment data and other measures of academic performance of students attending full-time virtual education programs from students physically attending class in a school facility;
(F) Establishing an advisory committee consisting of not less than seven (7) members. The advisory committee shall have representatives from among Wyoming school districts and other state agencies involved in the delivery of virtual education or providing technological expertise related to virtual education. The advisory committee shall recommend modifications to rules, policies, practices and procedures and serve in an advisory capacity to school districts to improve the delivery of virtual education courses across the state.
(xxxii) By rule and regulation, establish requirements for school district policies and training regarding the use of seclusion and restraint in schools as required under W.S. 21-3-110(a)(xxxi). The state superintendent shall review the policy of each district for compliance with the requirements of W.S. 21-3-110(a)(xxxi) and rules and regulations promulgated pursuant to this paragraph. If the state superintendent determines that the policy is not in compliance under this paragraph the superintendent shall direct the board of trustees to revise the policy and shall, upon request, assist the board in the adoption of the policy;
(xxxiii) To assist local school districts in developing protocols under W.S. 21-3-110(a)(xxxii) and in sufficient time to enable school districts to adopt and implement protocols commencing school year 2011-2012, develop model protocols for addressing risks associated with concussions and other head injuries resulting from athletic injuries. No district shall be required to adopt any part of the model protocols;
(xxxiv) With the department of enterprise technology services, establish criteria for the collection, storage, management and reporting of department of education data including, but not limited to teacher certification, statewide education accountability and assessment and the administration of the school finance system. In carrying out this paragraph, the state superintendent and the department of enterprise technology services shall develop a data privacy and security plan that includes:
(A) Guidelines for authorizing access to student data, including authentication of authorized access;
(B) Privacy compliance standards;
(C) Privacy and security audits;
(D) Breach planning, notification and procedures pertaining thereto;
(E) Data retention and disposition policies;
(F) Data security policies including electronic, physical and administrative safeguards such as data encryption and employee training;
(G) Routine and ongoing compliance with the federal Family Educational Rights and Privacy Act (FERPA) and other privacy laws and policies;
(H) Prohibition of the sale or trade of student data to private entities or organizations;
(J) All personally identifiable student information being reported to the department of education or the department of enterprise technology by a student's Wyoming student record identification and locator number as issued by the department of education; and
(K) Standards and protocols to remove personally identifiable information in order to provide for data collection and analysis without disclosing the identity of the student whose data is being collected and used.
(xxxv) Review and make available suitable materials for suicide prevention education as required for school district teachers and school administrators under W.S. 21-3-110(a)(xxxiii);
(xxxvi) Commencing school year 2015-2016, in conjunction with the school district accreditation process required under W.S. 21-2-304(a)(ii) and as a component of the statewide education accountability system created under W.S. 21-2-204, conduct a review of each school district's assessment system once every five (5) years to ensure alignment with the uniform state education standards promulgated by the state board, and to ensure district adherence to the uniform graduation standards prescribed by the state board under W.S. 21-2-304(a)(iii). Reviews undertaken pursuant to this paragraph, together with findings, shall be reported to the state board and any deficiencies determined by the review shall be addressed through the statewide system of support established under W.S. 21-2-204(h);
(xxxvii) In consultation with the department of enterprise technology, the department of audit and school districts, establish and maintain guidelines for school districts for the collection, access, privacy, security and use of student data by school districts. The guidelines shall, at a minimum, be in compliance with the federal Family Educational Rights and Privacy Act and other relevant federal and state laws and include the following:
(A) Authorization and authentication mechanisms for accessing student data;
(B) Administrative, physical and logical security safeguards, including employee training and data encryption;
(C) Privacy and security compliance standards;
(D) Processes for identification of and response to data security incidents, including breach notification and mitigation procedures;
(E) Standards for retention and verified destruction of student data.
(xxxviii) When nonstate funds are received by the department of education that provide for one hundred percent (100%) of the cost, the state superintendent may hire the state school nurse as an at-will contract employee or may contract for nursing services to carry out the duties assigned under this paragraph. The state school nurse shall hold a Wyoming license as a registered nurse. The state school nurse shall:
(A) Identify professional development needs for Wyoming school nurses, with focus on caring for students with behavioral health needs and chronic diseases and make available training resources to meet the professional development needs identified;
(B) In consultation with the state health officer and the district boards of trustees, write or obtain standing orders for medication administration or treatment for students without a primary care physician who have urgent needs during the school day;
(C) Assist the superintendent in drafting recommendations for school district use to help facilitate care for behavioral health needs, enhance collaboration among school district personnel and community medical and behavioral health providers, and to prevent disease, substance abuse and bullying;
(D) Provide information to school nurses and school district boards of trustees on public health issues;
(E) In a manner to maintain student confidentiality, collect aggregated data from school districts on medical and behavioral health diagnoses, vision and hearing impairment, special education needs, and other nursing challenges that impact schools and students. The state superintendent, in consultation with the board of nursing, shall determine consistent, cost-effective outcomes that can be achieved through the requirements of the state school nurse as provided in this paragraph. The state superintendent shall use the data collected to determine progress toward and success of achieving the outcomes identified in this subparagraph. The state superintendent shall report annually to the joint education interim committee and the joint appropriations committee on the progress toward achieving the identified outcomes;
(F) In consultation with the board of nursing, develop best practice standards for school nursing;
(G) At the request of district boards of trustees, advise on the child sexual abuse education, prevention and response program under W.S. 21-3-133.
(xxxix) Solicit nonstate funds for costs associated with the position of the state school nurse;
(xl) Design and establish a Wyoming seal of biliteracy and an advanced distinction Wyoming seal of biliteracy for conferral by a school district to a graduating high school student who is proficient in English and one (1) or more world languages. The superintendent may establish a committee of language educators to identify or approve assessments and levels of proficiency on assessments as necessary to implement this paragraph. The superintendent shall develop policies as necessary regarding the use and appearance of the Wyoming seal of biliteracy and an advanced distinction Wyoming seal of biliteracy on student transcripts. "World language" as used in this paragraph means any language other than English and includes American Sign Language, also known as ASL, classical languages and indigenous languages.
(b) The state superintendent shall designate an employee of the department of education to serve as liaison to the state board through which requests for staff assistance shall be directed.
(c) In addition to subsection (a) of this section, the state superintendent may take appropriate administrative action with the state board as necessary, including but not limited to the changing of accreditation status, against any school district or state institution failing to comply with any applicable law or with the uniform educational program standards specified under W.S. 21-9-101 and 21-9-102 and the student content and performance standards prescribed by the state board.
(d) Any school district aggrieved by an act of the state superintendent may seek review in accordance with the Wyoming Administrative Procedure Act.
(e) In addition to paragraph (a)(i) of this section, the state superintendent shall promulgate rules and regulations governing the administration of the Wyoming education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21-13-309, and governing the operation of the model in determining school district foundation program payments in accordance with chapter 13, article 3 of this title and other applicable law. The block grant model, as defined under W.S. 21-13-101(a)(xiv) and as maintained under this subsection, shall be made available for public inspection by the state superintendent in electronic format. Copies of the block grant model spreadsheets as administered under department rule and regulation shall be provided to school districts by the state superintendent for district use in district budgeting and in complying with mandatory financial reporting requirements imposed under W.S. 21-13-307(b) and by other provisions of law. To maintain the integrity of the block grant model, copies of the model and model spreadsheets made available under this subsection for public inspection and school district use shall be by protected version only, prohibiting the editing of model components, model data and model formulas. Following adoption of any recalibration of or modification to the block grant model by the Wyoming legislature, and prior to computing the foundation program amount for each school district under W.S. 21-13-309(p) and determining the amount to be distributed to a district under W.S. 21-13-311 or recaptured from a district subject to W.S. 21-13-102(b), the state superintendent shall certify to the legislature that the block grant model as enacted by the legislature is properly incorporated into the administration of the model for the appropriate school year of model application and is made available for public inspection. Technical corrections to model spreadsheets necessary for model administration between any session of the legislature shall be implemented by the state superintendent, shall be in accordance with procedures specified by rule and regulation filed with the secretary of state, shall be reported to the legislature together with the associated fiscal and technical impact of the correction, and shall be incorporated into the electronic version of the model available for public inspection. As used in this subsection, "technical corrections to model spreadsheets" means corrections necessary to ensure model operation and current school year district payments are in accordance with law and the model is properly computing school foundation program payments to school districts as required by law. Notwithstanding W.S. 16-3-114(c), no judicial review of rules promulgated and adopted under this subsection shall hold unlawful or set aside action of the state superintendent in promulgating or adopting rules unless the rules are by clear and convincing evidence, shown to exceed statutory authority.
(f) The state superintendent shall identify professional development needs for Wyoming schools and teachers, establish a plan to address the professional development needs, contract with necessary expertise to provide professional development to Wyoming certified teachers and conduct up to five (5) regional workshops each year providing the identified professional development needs.
(g) Paragraphs (a)(xxxviii) and (xxxix) of this section are repealed July 1, 2027.
(h) The state superintendent shall designate an employee of the department of education to serve as the liaison to the Wyoming charter school authorizing board through which requests for staff assistance shall be directed.
Wyo. Stat. Ann. § 21-2-203 School district data collection and funding model administration; duties and responsibilities specified; data advisory committee; school district compliance.
(a) The department shall collect data for the state's school finance system and in accordance with rule and regulation of the state superintendent, administer the Wyoming education resource block grant model adopted by the Wyoming legislature pursuant to W.S. 21-13-309. As used in this section, "school finance system" means all statutes related to the terms and conditions under which funds from Wyoming sources are made available under Wyoming law to the public schools for school operations. The school finance system established following a 1995 Wyoming supreme court decision, and subsequently modified and recalibrated as required under W.S. 21-13-309(t), is extremely complex and requires timely and accurate data to be administered fairly and accurately. It is essential that a single entity be established to ensure that fair and accurate administration is accomplished.
(b) Repealed By Laws 2006, Chapter 37, § 2.
(c) The duties of the department are, in accordance with rules promulgated by the state superintendent, to:
(i) Administer the school finance, data management and reporting system for the funding of the public schools, including enforcement of rules for compliance with submission of data to the department by school districts;
(ii) Collect data from school districts necessary for the department to administer the school finance system and the statewide education accountability system established under W.S. 21-2-204. In accomplishing this, the department shall:
(A) Coordinate its work with all other functions of the department so as to consolidate data reporting requirements for school districts and eliminate duplication in reporting to the greatest extent possible, including reporting of assessment results required for determinations under W.S. 21-2-204;
(B) Consult with the advisory committee created under subsection (d) of this section with respect to the type and format of data to be reported and the administration of the system generally;
(C) Use existing data to establish longitudinal data systems as necessary for the statewide education accountability system.
(iii) Specify formats, uniform accounting standards, procedures and processes under which districts are required to account for and report data to the department. Electronic reporting shall be required wherever possible;
(iv) Recommend to the state superintendent proposed rules to improve the accuracy and reliability of data and the general efficiency of the operation of the school finance system, including requiring training for district personnel with respect to accounting and reporting related to the administration of the school finance system;
(v) Provide for the training of school district personnel with respect to rules, policies and procedures with which districts are required to comply in order for the department to administer the school finance system. The department may charge reasonable fees necessary to defray the costs of training;
(vi) Cooperate with and consult with other state agencies which have responsibilities related to the operation of the school finance system. This cooperation may include providing recommendations for modification to rules, practices and procedures of other agencies;
(vii) Ensure that comprehensive school finance system information is available in useful formats to state policymakers in both the executive and legislative branches of government, as well as to the school districts and the general public;
(viii) Assist the state superintendent in implementing W.S. 21-13-309(m)(v)(D) and assist districts with computations necessary for reporting student career and technical education participation and career and technical education instruction information;
(ix) Pursuant to W.S. 21-2-202(e), make the education resource block grant model available for public inspection.
(d) The state superintendent of public instruction shall establish an advisory committee consisting of not less than seven (7) members. This advisory committee shall have representatives from among Wyoming school districts, other state agencies involved in the administration of the school finance system, shall include the director of the department of audit or his designee, and shall include at least one (1) representative from the independent auditor community within the state. The committee shall meet at least twice annually and at the call of the state superintendent or his designee. The duties of the advisory committee are to:
(i) Recommend modifications to department rules, policies, practices and procedures to improve the accuracy of data and to improve the efficiency of the data collection process and the administration of the school finance system generally;
(ii) Since accurate, timely data is essential for fair administration of the school finance system, recommend rules or other means to ensure districts comply with data reporting and other requirements necessary for administration of the school finance system, including proposing modifications to subsection (e) of this section;
(iii) Serve as ongoing forum for communications between the department and school districts with respect to the administration of the school finance system.
(e) The following shall apply:
(i) Repealed by Laws 2020, ch. 24, § 2.
(ii) If a district fails to provide data or reports in compliance with law or rules regarding timeliness, format, completeness or accuracy, without good cause, the state superintendent shall:
(A) Advise the district's board of trustees of the noncompliance and require the district's board to submit a plan to correct the noncompliance and prevent future instances of noncompliance.
(B) Repealed by Laws 2005, ch. 99, § 2.
(C) Repealed By Laws 2005, ch. 99, § 2.
Wyo. Stat. Ann. § 21-2-204 Wyoming Accountability in Education Act; statewide education accountability system created.
(a) This section shall be cited as the "Wyoming Accountability in Education Act."
(b) A statewide education accountability system shall be established by the state board through the department of education in accordance with this section, which implements the components of the education resource block grant model as defined by W.S. 21-13-101(a)(xiv) and as contained in W.S. 21-13-309.1. The first phase of this system shall be a school-based system that is based on student performance as determined through multiple measures of school performance. The goals of the Wyoming Accountability in Education Act are to:
(i) Repealed By Laws 2012, ch. 101, § 2.
(ii) Repealed By Laws 2012, ch. 101, § 2.
(iii) Become a national education leader among states;
(iv) Ensure all students leave Wyoming schools career or college ready;
(v) Recognize student growth and increase the rate of that growth for all students;
(vi) Recognize student achievement and minimize achievement gaps;
(vii) Improve teacher, school and district leader quality. School and district leaders shall include superintendents, principals and other district or school leaders serving in a similar capacity;
(viii) Maximize efficiency of Wyoming education;
(ix) Increase credibility and support for Wyoming public schools.
(c) School level performance shall be determined by measurement of performance indicators and attainment of student performance as specified by this section. To the extent applicable, each measure shall be aggregated to the school level based upon those grades served inclusive to each school as reported by the respective school district to the department of education. Except as provided in subsection (n) of this section, the indicators of school level performance shall be:
(i) Student longitudinal academic growth in English language arts and mathematics as measured by assessments administered under paragraph (ii) of this subsection, beginning in grade four (4) and for all subsequent grades for which a state summative achievement assessment is administered in the immediately preceding grade, including a standardized college readiness test in grade eleven (11);
(ii) Student academic achievement in English language arts, mathematics and science as measured by:
(A) The statewide assessment administered under W.S. 21-2-304(a)(v) in:
(I) English language arts and mathematics in grades three (3) through ten (10);
(II) Science in grades four (4), eight (8) and ten (10);
(III) Repealed by Laws 2015, ch. 99, § 2.
(B) Repealed by Laws 2017, ch. 95, § 5.
(iii) Repealed by Laws 2016, ch. 113, § 2.
(iv) Post secondary readiness, as defined to include college readiness and career readiness. School level performance shall be based upon the percentage of students meeting either college or career readiness. College readiness shall be measured by a standardized college entrance examination administered pursuant to W.S. 21-2-202(a)(xxx) in grade eleven (11) and other college readiness indicators as determined by the state board of education in consultation with the state superintendent. Career readiness shall be measured by student performance in accordance with other provisions of this title as determined by the state board of education in consultation with the state superintendent;
(v) Readiness, as defined by graduation or high school completion rates;
(vi) Readiness, as defined by ninth grade credit accumulation;
(vii) Equity as defined by a measure of academic student growth for students that score below the proficient standard in English language arts and mathematics, subject to a standard for academic progress that is linked to attainment of proficiency within a reasonable period of time. If a school is without a sufficient sequence of assessment scores to support growth computations, another approach to equity may be used subject to approval of the state superintendent;
(viii) English language proficiency as measured by student longitudinal progress on the Wyoming English language proficiency assessments used to evaluate and monitor the English language proficiency of students identified as English language learners.
(d) The department of education shall compute and report an overall school performance rating measured by student performance on those performance indicators specified under subsection (n) of this section for alternative schools and subsection (c) of this section for all other schools. Any school through its school district may seek informal review of any overall school performance rating or other performance determination in accordance with the following:
(i) Repealed By Laws 2012, Ch. 101, § 2.
(ii) Repealed By Laws 2012, Ch. 101, § 2.
(iii) Repealed By Laws 2012, Ch. 101, § 2.
(iv) Repealed by Laws 2015, ch. 179, § 3.
(v) Not later than fifteen (15) days after a school receives its overall performance rating or other performance determination from the department of education, the school district may seek an informal review with the state board. The state board shall make a final determination as to the overall performance rating or other performance determination within thirty (30) days after receipt of the request for review;
(vi) The state board shall promulgate rules and regulations governing the informal review process before the board as conducted under this subsection. The informal review process shall only examine whether the department properly computed and reported a school's overall performance rating or other performance determination or whether the school was unable to administer the statewide assessment. The state board may grant an exception to the state's accountability system requirements for a school for one (1) school year when the school demonstrates that it was unable to administer the statewide assessment for good cause. Except as otherwise provided by this paragraph, the informal review process shall not be used to grant exceptions to the state's accountability system or change components of the accountability model.
(e) The state board, through the department of education, shall establish long term and interim performance targets for all Wyoming schools for the indicators measured pursuant to subsections (c) and (n) of this section. The performance targets may be developed in consultation with one (1) or more advisory committees of education stakeholders. The state board shall utilize the performance targets in carrying out the duties and the deliberative process required under subsection (f) of this section.
(f) The state board, through the department of education, shall compile, evaluate and determine target levels for an overall school performance rating and for indicator level performance. The board shall execute this determination when a significant aspect of the school accountability system changes through a prescribed deliberative process informed by a panel selected by the state board comprised of broad based representation from both public education and the community at-large. The target levels for school performance shall be used by the state board through the department to:
(i) Identify four (4) levels of school performance tied to the overall school performance rating that demonstrate a range of performance levels as follows:
(A) Exceeding expectations including those schools performing above standards in all measured areas;
(B) Meeting expectations;
(C) Partially meeting expectations; and
(D) Not meeting expectations.
(ii) Further measure performance specified under paragraph (i) of this subsection by identifying indicator level performance in all areas specified by subsection (n) of this section for alternative schools and subsection (c) of this section for all other schools and from this analysis determine schools that are exceeding, meeting or are below targets in each content area;
(iii) Coordinate the target levels, school and indicator level determinations with the availability of the system of support, including comprehensive and targeted support and interventions administered in accordance with subsection (h) of this section.
(g) Repealed By Laws 2013, Ch. 195, § 4.
(h) For all schools a progressive system of support and intervention to assist schools shall be established by the state board through the department. The system shall increase the ability of schools and school districts to improve achievement and growth indicator performance and expand the ability for schools and school districts within the state to continuously improve. The system shall clearly identify and prescribe the actions for each level of support, including comprehensive and targeted support and intervention. The state superintendent shall take action based upon system results according to the following:
(i) Repealed By Laws 2012, Ch. 101, § 2.
(ii) Repealed By Laws 2012, Ch. 101, § 2.
(iii) Repealed by Laws 2017, Ch. 95, § 5.
(iv) Repealed by Laws 2017, Ch. 95, § 5.
(v) Schools designated as partially meeting expectations shall file an improvement plan with the school district superintendent and the department that identifies and addresses all content and indicator areas where performance is below target levels. The plan shall be based upon an evaluation of the strengths and deficiencies of specific indicator scores that identifies appropriate improvement goals with an explanation of the measures and methods chosen for improvement, the processes to be implemented to deliver the improvement measures, identification of relevant timelines and benchmarks and an articulation of the process for measuring success of the methods chosen to increase performance. The plan shall also include review of the design and implementation of the district's leader evaluation system developed pursuant to W.S. 21-2-304(b)(xvi) and 21-3-110(a)(xxx). The state superintendent shall appoint a representative in accordance with paragraph (vii) of this subsection to monitor the school's progress towards meeting the specified goals and implementation of the processes, measures and methods as contained in the school's plan. The representative shall assist the district in identifying and securing the necessary resources to support the goals as stated by the school and the district. Failure to meet improvement goals as specified in the plan for two (2) consecutive years may require that the school be subject to paragraph (vi) of this subsection;
(vi) Schools designated as not meeting expectations shall file an improvement plan in accordance with paragraph (v) of this subsection that identifies and addresses all content and indicator areas where performance is below target levels. The plan shall include review of the design and implementation of the district's leader evaluation system developed pursuant to W.S. 21-2-304(b)(xvi) and 21-3-110(a)(xxx). In addition, the evaluation of a district's student assessment system as provided by paragraph (vii) of this subsection may be undertaken in that school year immediately following any school year in which a school within the district has been designated as not meeting expectations. The state superintendent shall appoint a representative in accordance with paragraph (vii) of this subsection to assist in drafting the improvement plan, including the selection of programs and interventions to improve student performance. The representative shall perform duties as required by paragraph (v) of this subsection. The plan shall be recommended by the school district superintendent and approved by the local board of trustees prior to submission to the department. The plan shall describe the personnel and financial resources within the education resource block grant model as defined by W.S. 21-13-101(a)(xiv) necessary for implementation of the measures and methods chosen for improvement and shall specify how resources shall be reallocated, if necessary, to improve student performance;
(vii) A representative shall be appointed by the state superintendent, in consultation with the local board of trustees, for all schools designated under paragraphs (v) and (vi) of this subsection to serve as a liaison between the school district leadership and the department. The representative shall be an employee of the department, an employee of a Wyoming school district or any combination, and may require more than one (1) individual for schools requiring substantial intervention and support. Additionally, one (1) representative may be assigned to more than one (1) school. Among other duties as may be requested by the district or department, the representative shall review and provide suggestions on the improvement plans submitted by schools in accordance with paragraphs (v) and (vi) of this subsection, and may review and evaluate district student assessment systems implemented under W.S. 21-3-110(a)(xxiv) to ensure alignment with the uniform state education standards. After one (1) year of a school not meeting expectations under paragraph (vi) of this subsection, approval of the improvement plan by the representative appointed under this subsection shall be required. Requested resources for improvement plan implementation, or the reallocation of existing resources for plan implementation, shall be based upon a comprehensive review of the available research. Justification for resource allocation or reallocation shall be incorporated within the written improvement plan. The representative shall possess expertise appropriate to particular strategies incorporated within improvement plans to enable necessary plan evaluation, and shall be commensurate with the level of intervention and support to be administered under this subsection. The state superintendent shall annually report to the state board on the progress of each school in meeting annual goals and overall improvement targets, fully describing the effectiveness and deficiencies of efforts to improve school performance in performance categories prescribed by this section;
(viii) To the extent permitted by law and rule and regulation, plans submitted in compliance with paragraphs (v) and (vi) of this subsection shall serve to comply with similar requirements administered by the state superintendent and the department, and the state board shall ensure the plans minimize submission of duplicative information, material and the administrative burdens placed upon schools. In addition, the following shall apply to the plans submitted under this subsection:
(A) All plans submitted under this subsection shall be made available for public inspection through internet access as defined by W.S. 9-2-3219(a)(iii);
(B) Schools designated as partially meeting expectations under paragraph (v) of this subsection or designated as not meeting expectations under paragraph (vi) of this subsection shall file the required improvement plan the first year of designation and submit yearly updates on the progress towards the goals and strategies outlined in the improvement plan so long as the school maintains the same performance designation.
(ix) In addition to paragraphs (v) through (viii) of this subsection, the state board shall administer this subsection as part of school district accreditation required under W.S. 21-2-304(a)(ii), through appropriate administrative action taken in accordance with W.S. 21-2-304(b)(ii).
(j) Measured performance results obtained and collected pursuant to this section, together with subsequent actions responding to results, shall be combined with other information and measures maintained and acquired under W.S. 21-2-202(a)(xxi), 21-2-304(a)(v)(H), 21-3-110(a)(xxiv) and otherwise by law, to be used as the basis of a statewide system for providing periodic and uniform reporting on the progress of state public education achievement compared to established targets. The statewide accountability system shall include a process for consolidating, coordinating and analyzing existing performance data and reports for purposes of aligning with the requirements of this section and for determinations of student achievement incorporated into the statewide system. In establishing a reporting system under this subsection, the department shall describe the performance of each public school in Wyoming. The performance report shall:
(i) Include an overall school performance rating along with ratings for each of the indicators and content levels in the accountability system that:
(A) Supports the overall school performance rating; and
(B) Provides detailed information for analysis of school performance on the various components of the system.
(ii) In a manner to maintain student confidentiality, be disaggregated as appropriate by content level, target level, grade level and appropriate subgroups of students. For purposes of this paragraph, reported subgroups of students shall include at minimum, economically disadvantaged students, English language learners, identified racial and ethnic groups, students with a parent or guardian who is a member of the armed forces of the United States whether full-time or part-time, students with disabilities and full-time virtual education students;
(iii) Provide longitudinal information to track student performance on a school, district and statewide basis;
(iv) Include, through the use of data visualization techniques, the development of longitudinal student-level reports of assessment and other relevant readiness indicators that provide information to parents, teachers and other school personnel regarding student progress toward college and career readiness and other relevant outcomes. These reports shall be maintained by the district in each student's permanent record within the district's student data system; and
(v) Provide valid and reliable data on the operation and impact of the accountability system established under this section for use by the legislature to analyze system effectiveness and to identify system improvements that may be necessary.
(k) Not later than September 1 of each year, or November 1 in years in which there is a significant change to the statewide assessment system or the statewide accountability system, as determined by the state board, the state board through the state superintendent shall report to the joint education interim committee the results of the accountability system for each school in the state. In addition, beginning with the 2020-2021 school year, after any significant change to the statewide assessment system or the statewide accountability system as determined by the state board, the state board may evaluate the state's accountability system to ensure that:
(i) System components remain reliable, valid and fair;
(ii) System stakeholders receive, understand and use accountability information to improve student outcomes; and
(iii) The system remains as stable as possible.
(m) As used in this section:
(i) "Alternative school" means a school approved under W.S. 21-13-309(m)(v)(B);
(ii) Repealed by Laws 2019, ch. 109, § 2.
(n) For alternative schools, the indicators of school level performance shall be:
(i) Academic achievement and growth;
(ii) Readiness for college and careers;
(iii) Measures of school quality including climate;
(iv) Measures of engagement including implementation of student success plans.
Wyo. Stat. Ann. § 21-2-301 Appointment; qualifications, terms and removal of members; meetings; chairman.
(a) There is created a state board of education composed of fourteen (14) members, eleven (11) of whom shall be appointed members with at least one (1) member appointed from each appointment district pursuant to W.S. 9-1-218. Appointments from each appointment district shall be rotated among the several counties comprising the district. The remaining voting member of the board shall be the state superintendent of public instruction. The executive director of the Wyoming community college commission and the president of the University of Wyoming, or their designees, shall be ex-officio members and shall not have the right to vote. One (1) appointed member shall be appointed at large and shall be a certified classroom teacher at the time of appointment. One (1) appointed member shall also be appointed at large and shall be a certified school administrator at the time of appointment. Two (2) appointed members shall be appointed at large and shall be representative of private business or industry in Wyoming. On and after March 1, 2013 and upon expiration of their respective terms, the appointments of the two (2) members previously designated to be representative of business or industry shall be at large, one (1) a representative of Wyoming private business or industry and one (1) a member of a school district board of trustees at the time of appointment. The first appointment to the term of such member which expires on or after March 1, 2013, shall be a school district board member at the time of appointment. The remaining seven (7) appointed members of the board shall be appointed from among the lay citizens of the state who are electors of the state, known for their public spirit, business or professional ability and interest in education. Not more than seventy-five percent (75%) of the appointed members of the board shall be from one (1) political party. Members shall be appointed for six (6) year terms, except those who may be appointed to fill unexpired terms. Members shall be appointed by the governor with the approval of the senate. Vacancies shall be filled by the governor without senate approval until the next session of the legislature. No member is eligible to reappointment, except any member appointed to fill an unexpired term of less than six (6) years may be reappointed for one (1) additional six (6) year term. Appointed members of the board may be removed by the governor as provided in W.S. 9-1-202.
(b) During the first quarter of the calendar year a meeting shall be held at which a chairman shall be elected. Meetings may be held at regular intervals as often as the duties of the board require and the board shall meet at the call of the state superintendent of public instruction or the governor or the chairman whenever in the opinion of these officials, or any of them, the need for such meeting exists.
(c) Notwithstanding subsection (a) of this section, the superintendent of public instruction shall not participate in board deliberations on or vote on any matter relating to a contested case involving actions of the department of education.
Wyo. Stat. Ann. § 21-2-302 Quorum; majority vote.
A majority of the number of voting members of the state board shall constitute a quorum for the transaction of business. A majority vote of the entire state board shall be required for official action.
Wyo. Stat. Ann. § 21-2-303 Expenses.
All appointed members of the state board shall receive compensation, per diem, and mileage for actual time spent in performance of their duties and traveling expenses while in attendance, and going to and from board meetings in the same manner and amount as members of the Wyoming legislature.
Wyo. Stat. Ann. § 21-2-304 Duties of the state board of education.
(a) The state board of education shall:
(i) Establish policies for public education in this state consistent with the Wyoming Constitution and statutes and may promulgate rules necessary or desirable for the proper and effective implementation of this title and its responsibilities under this title. Nothing in this section shall give the state board rulemaking authority in any area specifically delegated to the state superintendent;
(ii) Through the evaluation and accreditation of school districts, implement and enforce the uniform standards for educational programs prescribed under W.S. 21-9-101 and 21-9-102 in the public schools of this state, including any educational institution receiving any state funds except for the University of Wyoming and Wyoming community colleges, and implement and enforce the statewide education accountability system pursuant to W.S. 21-2-204. The board shall ensure that educational programs offered by public schools in accordance with these standards provide students an opportunity to acquire sufficient knowledge and skills, at a minimum, to enter the University of Wyoming and Wyoming community colleges, to prepare students for the job market or postsecondary career and technical training and to achieve the general purposes of education that equips students for their role as a citizen and participant in the political system and to have the opportunity to compete both intellectually and economically in society. In addition, the board shall require school district adherence to the statewide education accountability system;
(iii) By rule and regulation and in consultation and coordination with local school districts, prescribe uniform student content and performance standards for the common core of knowledge and the common core of skills specified under W.S. 21-9-101(b), and promulgate uniform standards for programs addressing the special needs of student populations specified under W.S. 21-9-101(c) that ensure these student populations are provided the opportunity to learn the common core of knowledge and skills as prescribed by the uniform student content and performance standards pursuant to this paragraph. Student content and performance standards prescribed under this paragraph shall include standards for graduation from any high school within any school district of this state. The ability to prescribe content and performance standards shall not be construed to give the state board of education the authority to prescribe textbooks or curriculum which the state board is hereby forbidden to do. Graduation standards imposed under this paragraph shall require the successful completion of the following components, as evidenced by passing grades or by the successful performance on competency-based equivalency examinations:
(A) Four (4) school years of English;
(B) Three (3) school years of mathematics;
(C) Three (3) school years of science, one (1) year of which may be satisfied by one (1) year of computer science; and
(D) Three (3) school years of social studies, including history, American government and economic systems and institutions, provided business instructors may instruct classes on economic systems and institutions.
(iv) In consultation with local school districts, establish requirements for students to earn a high school diploma as evidenced by course completion and as measured by each district's assessment system prescribed by rule of the state board and required under W.S. 21-3-110(a)(xxiv). The board shall also, in consultation with local districts, establish requirements by rule for students with disabilities as identified under the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. to obtain a high school certificate of completion to be issued by school districts. The requirements to obtain a high school certificate of completion shall be consistent with the student's individual education program. Once every five (5) years and on a staggered basis, the state board shall through the department, review and approve each district's assessment system designed to determine the various levels of student performance as aligned with the uniform state standards and the attainment of high school graduation requirements as evidenced by course completion. In addition and following review, refinement and revision of student content and performance standards adopted under paragraph (a)(iii) of this section and reviewed under subsection (c) of this section, the board shall establish a process to ensure district assessment systems are aligned with the refined and revised standards within three (3) full school years following adoption of revised standards;
(v) Through the state superintendent and in consultation and coordination with local school districts, implement a statewide assessment system comprised of a coherent system of measures that when combined, provide a reliable and valid measure of individual student achievement for each public school and school district within the state, and the performance of the state as a whole. Statewide assessment system components shall be in accordance with requirements of the statewide education accountability system pursuant to W.S. 21-2-204. Improvement of teaching and learning in schools, attaining student achievement targets for performance indicators established under W.S. 21-2-204 and fostering school program improvement shall be the primary purposes of statewide assessment of student performance in Wyoming. The statewide assessment system shall:
(A) Measure individual student performance and progress in a manner substantially aligned with the uniform educational program and student content and performance standards imposed by law and by board rule and regulation;
(B) Effective school year 2017-2018, and each school year thereafter, be administered in specified grades aligned to the student content and performance standards, specifically assessing student performance in English language arts and mathematics in grades three (3) through ten (10). In addition, the statewide assessment system shall assess student performance in science in grades four (4), eight (8) and ten (10);
(C) Measure student performance in Wyoming on a comparative basis with student performance in other states;
(D) Measure year-to-year changes in student performance and progress in the subjects specified under subparagraph (a)(v)(B) of this section. The assessment system shall ensure the student performance measurements used at each grade level are valid for the purposes for which they are being used, including valid year-to-year comparisons of student and school level results, and shall be sufficient to produce necessary data to enable application of measures of performance indicators as required under W.S. 21-2-204;
(E) Include interim assessments aligned to the statewide content and performance standards and the statewide summative assessment. The interim assessments required by this subparagraph shall be optional for school districts to administer as a part of the district assessment system. The state board shall ensure results from the optional interim assessments are provided to school districts as soon as possible after completion of an interim assessment. All item types used on the statewide student summative assessment shall be included in interim assessments to the extent practical within the reporting timeline;
(F) Provide a fair and unbiased assessment of student performance without regard to race, ethnicity, limited English proficiency and socioeconomic status;
(G) Provide appropriate accommodations or alternative assessments to enable the assessment of students with disabilities as specified under W.S. 21-9-101(c)(i) and students with limited English proficiency;
(H) Provide a measure of accountability to enhance learning in Wyoming and in combination with other measures and information, assist school districts in determining individual student progress as well as school level achievement, growth and readiness targets. In addition to reporting requirements imposed under W.S. 21-2-204, the assessment results shall be reported to students, parents, schools, school districts and the public in an accurate, complete and timely manner. For schools with students enrolled in full-time virtual education programs, assessment results for students attending full-time virtual education programs shall be reported in aggregate form and separate from students physically attending class in a school facility. Assessment results shall be used in conjunction with each school district's assessments to design educational strategies for improvement and enhancement of student performance required under W.S. 21-2-204. Assessment results shall also be used to guide actions by the state board and the department in providing and directing a progressive system of support and intervention to districts in developing school improvement plans in response to student performance to attain target levels measured and established under W.S. 21-2-204. In consultation and coordination with school districts, the board shall subject to W.S. 21-2-204, review and evaluate the assessment system regularly and based upon uniform statewide reports, annually report to the legislature as required under W.S. 21-2-204;
(J) Require no more than one percent (1%) of the total pupil-teacher contact time, as defined by the state board for each school year, for student participation in a nonaccommodated administration of the statewide summative assessment. The statewide summative assessment shall be administered as late as practical in the instructional year and shall be administered to allow for the return of results in sufficient time for schools and districts to utilize the results for improvement strategies. To the extent possible, the statewide summative assessment shall be administered utilizing an online platform;
(K) Include a reporting system utilizing best practices to ensure useful, high quality and transparent reports to support improvement strategies.
(vi) Subject to and in accordance with W.S. 21-2-204, through the state superintendent and in consultation and coordination with local school districts, by rule and regulation implement a statewide accountability system. The accountability system shall include a technically defensible approach to calculate school level performance indicators as required by W.S. 21-2-204. The state board shall establish performance targets as required by W.S. 21-2-204(e), target levels for an overall school performance rating and for indicator level performance pursuant to W.S. 21-2-204(f), a progressive system of supports and interventions as required by W.S. 21-2-204(h) and a statewide reporting system pursuant to W.S. 21-2-204(j). As part of the statewide accountability system, and for purposes of complying with requirements under the federal Every Student Succeeds Act, the board shall by rule and regulation provide for annual accountability determinations based upon measures imposed by federal law for all schools and school districts imposing a range of educational interventions and supports resulting from accountability determinations;
(vii) Repealed By Laws 2012, Ch. 101, § 2.
(b) In addition to subsection (a) of this section and any other duties assigned to it by law, the state board shall:
(i) Repealed By Laws 1997 Special Session, ch. 3, § 302; 1994, ch. 17, § 2.
(ii) Enforce the uniform state educational program standards imposed by W.S. 21-9-101 and 21-9-102 and the uniform student content and performance standards established by rules and regulations adopted under subsection (a) of this section, together with student performance indicators established and measured pursuant to W.S. 21-2-204, by taking appropriate administrative action with the state superintendent, including but not limited to the changing of accreditation status;
(iii) Repealed by Laws 1993, ch. 217, § 3.
(iv) Repealed by Laws 1987, ch. 190, §§ 2, 5.
(v) Initiate or facilitate discussions regarding the needs of and the means for improving education;
(vi) Repealed by Laws 1987, ch. 190, §§ 2, 5.
(vii) Repealed by Laws 1994, ch. 17, § 2.
(viii) Approve or disapprove alternative scheduling for school districts requesting to operate for fewer than one hundred seventy-five (175) days in school year, but no schedule shall be approved which reduces the minimum pupil-teacher contact time defined by the state board. The state board shall establish by rule for grades kindergarten through twelve (12) minimum pupil-teacher contact time requirements, which may include instruction outside of the physical classroom through virtual education or other equivalent methods the state board deems appropriate;
(ix) Repealed by Laws 1994, ch. 17, § 2.
(x) Repealed by Laws 2006, Chapter 34, § 2.
(xi) Repealed by Laws 1994, ch. 17, § 2.
(xii) Repealed by Laws 1994, ch. 17, § 2.
(xiii) Repealed by Laws 1994, ch. 17, § 2.
(xiv) Based upon student performance levels determined under W.S. 21-2-204, establish improvement goals for public schools for assessment of student progress based upon the national assessment of educational progress testing program and the statewide assessment system established under paragraph (a)(v) of this section;
(xv) Promulgate rules and regulations for the submission and approval of comprehensive school district teacher performance evaluation systems. The state board shall, in consultation with local school districts, establish general criteria for school district teacher performance evaluation systems that provide school districts flexibility in designing teacher evaluations to improve classroom instruction;
(xvi) Not later than July 1, 2018, promulgate rules and regulations for implementation and administration of a comprehensive performance evaluation system for school and district leadership, including superintendents, principals and other district or school leaders serving in a similar capacity. The performance evaluation system shall identify professional standards prescribed by board rule and regulation. The system shall also allow districts opportunity to refine the system to meet the individual needs of each district. Any alternative leader evaluation system shall be approved by the state board, through the department, before adoption;
(xvii) Through the state superintendent, implement, administer and supervise education programs and services for adult visually handicapped and adult hearing impaired persons within the state.
(c) The state board shall perform an ongoing review of state board duties prescribed by law and may make recommendations to the legislature on board duties. In addition and not less than once every nine (9) years, the board shall evaluate and review the uniformity and quality of the educational program standards imposed under W.S. 21-9-101 and 21-9-102 and the student content and performance standards promulgated under paragraph (a)(iii) of this section. The state board, in consultation with the state superintendent, shall establish a process to receive input or concerns related to the student content and performance standards from stakeholders, including but not limited to parents, teachers, school and district administrators and members of the public at large, at any time prior to the formal review by the state board. The state board shall report findings and recommendations to the joint education interim committee of the legislature on or before December 1 of the year in which the formal review and evaluation of the student content and performance standards was undertaken. The joint education interim committee shall report its recommendations, based upon findings and recommendations of the state board, to the legislature during the immediately following legislative session.
(d) Repealed by Laws 1994, ch. 17, § 2.
(e) In addition to subsections (a) and (b) of this section, the state board shall establish statewide goals for Wyoming public education.
Wyo. Stat. Ann. § 21-2-305 Reports and assistance from local boards and officials.
(a) In addition to any other powers assigned to it by law, the state board may:
(i) Repealed by Laws 1993, ch. 217, § 3.
(ii) Require such reports and other assistance from school boards and officials as it may from time to time deem necessary and advisable.
Wyo. Stat. Ann. § 21-2-306 Reports of state superintendent and state board.
The state superintendent and the state board shall, in accordance with W.S. 9-2-1014, report to the governor and recommend such legislation concerning education and appropriations for educational activities as they may deem appropriate.
Wyo. Stat. Ann. § 21-2-307 State board of career and technical education; duties.
(a) The state board of education acts as the state board of career and technical education and may promulgate rules necessary to implement this section. The executive director of the community college commission is designated an ex officio member of the state board of career and technical education.
(b) In addition to other duties assigned under W.S. 21-2-304, the state board shall review career and technical education programs offered by school districts to ensure the programs satisfactorily serve the needs of students within the state and are aligned with state content and performance standards prescribed in accordance with W.S. 21-2-304(a)(iii).
Wyo. Stat. Ann. § 21-2-401 License required; registration required for private degree granting post secondary education institutions; department of education to administer and set minimum standards for licensure.
(a) Except as provided by subsection (b) of this section, all trade, correspondence, distance education, technical, vocational, business or other private schools which are located within the state or have their principal place of business out of state but are doing business in the state, shall be licensed under this article before operating or doing business in this state.
(b) Any private degree granting post secondary education institution shall prior to operating or doing business in this state or continuing to operate or do business in this state, notify the department of education pursuant to W.S. 21-2-402(f) or be registered with the department in accordance with this article.
(c) The department of education shall administer and enforce this article.
(d) The department shall establish minimum standards for all schools described in subsection (a) of this section and provide for the investigation and evaluation of the schools as necessary to administer this article.
Wyo. Stat. Ann. § 21-2-402 Licensure; registration of private degree granting post secondary education institutions; fees; suspension and revocation; notification upon entry into state.
(a) Schools specified under W.S. 21-2-401(a) excluding those schools exempt under W.S. 21-2-406 and private degree granting post secondary education institutions subject to subsections (b) and (f) of this section, shall pay an annual license fee established by rule and regulation of the department in an amount that, to the extent practicable, generates a total revenue from the fees collected that approximates but does not exceed the direct and indirect costs of administering the regulatory provisions required under this article.
(b) Except as provided by subsection (f) of this section, private degree granting post secondary education institutions shall annually apply to the department of education for registration under this article. Application shall be in a manner and on a form prescribed by the department and shall include documentation or other verification of accreditation by an accrediting association recognized by the United States department of education or verification of candidacy or verification of otherwise being in the application process status for accreditation. Except as otherwise provided under this subsection, an annual registration fee of one hundred dollars ($100.00) shall be collected by the department prior to issuing a registration certificate under this article. If the applicant is a candidate for accreditation or is otherwise in the application process for accreditation, and the applicant submits verification of candidacy or application status together with a performance bond or other form of security required under W.S. 21-2-405, the department shall collect an annual registration fee of one thousand dollars ($1,000.00) for each year the applicant institution remains a candidate or continues the application process, up to a period of not to exceed five (5) years, until the institution receives accreditation or upon refusal of accreditation by the accrediting association, whichever first occurs. The period of candidacy or otherwise in the application process status expires at the end of the five (5) year period or at the time the applicant is refused candidacy or application status or accreditation by the accrediting association, or otherwise loses candidacy or application status, whichever occurs first, and the applicant shall not operate or conduct business in this state unless, upon a showing of good cause by the applicant, the department finds the five (5) year period of candidacy or applicant status should be extended. As used in this article, "candidate for accreditation or otherwise in the application process" means that within three (3) months of first enrolling students, or by July 1, 2006, for any private degree granting post secondary education institution licensed to operate or do business under this article prior to July 1, 2006, the private degree granting post secondary education institution has applied for accreditation by an accrediting association recognized by the United States department of education and is being considered for candidacy status or for accreditation by that association and is in the process of gathering information and performing activities requested by that association to complete the application process.
(i) Repealed by Laws 2006, Chapter 34, § 2.
(ii) Repealed By Laws 2006, Chapter 34, § 2.
(iii) Repealed By Laws 2006, Chapter 34, § 2.
(iv) Repealed By Laws 2006, Chapter 34, § 2.
(v) Repealed By Laws 2006, Chapter 34, § 2.
(vi) Repealed By Laws 2006, Chapter 34, § 2.
(vii) Repealed By Laws 2006, Chapter 34, § 2.
(viii) Repealed By Laws 2006, Chapter 34, § 2.
(ix) Repealed By Laws 2006, Chapter 34, § 2.
(x) Repealed By Laws 2006, Chapter 34, § 2.
(xi) Repealed By Laws 2006, Chapter 34, § 2.
(xii) Repealed By Laws 2006, Chapter 34, § 2.
(c) Repealed By Laws 2006, Chapter 34, § 2.
(d) Subject to the requirements of the Wyoming Administrative Procedure Act, the department may suspend or revoke a registration certificate issued under this section to any private degree granting post secondary education institution for loss of accreditation status or loss of accreditation candidacy or application status during any registration period.
(e) All fees collected under this section shall be deposited into the general fund.
(f) Any private degree granting post secondary education institution entering this state after July 1, 2006, with the intent of operating and doing business in this state, shall notify the department of education in a manner and within the time prescribed by rule and regulation of the department. Notification shall include submission of a performance bond or other form of security in an amount and in the manner prescribed by W.S. 21-2-405.
Wyo. Stat. Ann. § 21-2-403 Licensing and regulation of qualifications of agents of private schools and institutions; fee.
(a) Agents of those schools or institutions specified under W.S. 21-2-401(a) or (b) who operate in the state and agents employed to solicit resident students by schools or institutions located outside the state which are similar to schools or institutions specified under W.S. 21-2-401(a) or (b), shall be licensed under this article before soliciting students and representing schools or institutions in this state.
(b) The department of education shall regulate qualifications of agents licensed under this section and shall establish a license fee in an amount that, to the extent practicable, the total revenue generated from the fees collected approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions required for the administration of this article. Fees collected under this subsection shall be deposited in the general fund.
Wyo. Stat. Ann. § 21-2-404 Operation without license or registration unlawful; soliciting business in public schools; furnishing list of students.
(a) No person shall operate a school or institution as defined in W.S. 21-2-401 in Wyoming and no private school or institution shall conduct business in Wyoming without first obtaining a license, registration or providing notification under this article.
(b) Unless the school or institution, proprietor or its agent has been licensed, registered or has provided notification as required under this article, no official or employee of the Wyoming state department of education, any college or university within the state or any school district within the state, shall:
(i) Permit the school or institution, or proprietor or agent thereof, to solicit business in any public school within this state; and
(ii) Provide any list of students or other list of prospects to the school, institution or proprietor or agent thereof.
(c) Repealed By Laws 2006, Chapter 34, § 2.
(d) No school or institution licensed, registered or providing notification under this article shall claim or advertise to prospective or enrolled students that it is accredited in the United States unless the named accrediting association, commission or other entity is approved by the United States department of education, and if an institution described under W.S. 21-2-401(b), is accepted by the department.
Wyo. Stat. Ann. § 21-2-405 Performance bond or other security; amount; exemption.
(a) Before any school is issued a license under this article and before any private degree granting post secondary education institution operates in this state under a registration issued under accreditation candidacy or application status or under notification pursuant to W.S. 21-2-402(f), it shall submit to the department of education a performance bond or other form of security prescribed by rule and regulation of the department. The bond or other form of security shall be in an amount specified by department rule and regulation subject to limitations prescribed by this subsection. The bond for private schools and for private degree granting post secondary education institutions applying for registration under accreditation candidacy or application status pursuant to W.S. 21-2-402(b) or notifying the department under W.S. 21-2-402(f), except those schools excluded under subsection (b) of this section and accredited private degree granting post secondary education institutions registered under this article, shall be not more than ten thousand dollars ($10,000.00). The bonds or other form of security shall be approved by the attorney general and shall be renewed annually as long as the school retains its license to do business in Wyoming or until the institution receives accreditation. The performance bond or other form of security is to assure protection of all persons enrolled in a course of study who may be aggrieved by any school doing business or operating in the state. The department of education is custodian of all bonds and other securities filed under this section and may render administrative but not legal assistance to all aggrieved persons who may be entitled to relief under the bond.
(b) This section shall not apply to private elementary or secondary schools described under W.S. 21-2-401(a) and otherwise subject to this article.
Wyo. Stat. Ann. § 21-2-406 Schools exempted; definition.
(a) This article does not apply to:
(i) Any parochial, church or religious school as defined by W.S. 21-4-101(a)(iv) which is maintained by a church, religious denomination or religious organization comprised of multidenominational members of the same recognized religion, lawfully operating the school or institution pursuant to applicable laws governing its organization, and the school or institution:
(A) Offers elementary and secondary education programs only; or
(B) Repealed By Laws 2006, Chapter 34, § 2.
(C) Operates as a degree granting post secondary education institution, provides instruction through means not defined as distance education and the institution:
(I) Issues diplomas or degrees restricted to the beliefs and practices of the affiliated church, religious denomination or religious organization and includes a statement on the face of issued diplomas or degrees and course transcripts referencing the theological or religious nature of the subject area for which any diploma or degree is awarded, clearly reflecting the nature of the diploma title as "Diploma of Religious Studies" or degree title as "Associate of Religious Studies", "Associate of Arts of Religious Studies", "Bachelor of Religious Studies" or "Bachelor of Arts of Religious Studies";
(II) Annually files with the department evidence of nonprofit religious organization status for purposes of federal taxation and organization under the laws of this state; and
(III) On and after the effective date of this act for any institution not currently operating in this state, not less than sixty (60) days prior to first issuing any degree under this subparagraph, reports to the department any degree which the institution will award and the religious affiliation the institution maintains.
(ii) A home-based educational program as defined by W.S. 21-4-101(a)(v);
(iii) Aircraft flight training schools approved and authorized by the federal aviation agency of the United States of America;
(iv) A nondegree granting school teaching techniques of outdoor recreation, leadership, ecology or conservation domiciled in the state of Wyoming; or
(v) A post secondary education institution admitted, authorized and in good standing under the state authorization reciprocity agreement pursuant to W.S. 21-18-226.
(b) Repealed By Laws 2006, Chapter 34, § 2.
(c) For the purposes of this section, "distance education" means the teacher and student are physically separated by time or space and connected by means of a communications source used to provide synchronous or asynchronous instruction.
Wyo. Stat. Ann. § 21-2-407 Penalties; injunction.
Any person violating the provisions of this article is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), by imprisonment in the county jail not to exceed six (6) months, or both. Each solicitation of enrollment or each transaction of business without a license, registration certificate or without providing notification to the department constitutes a separate offense. Any person violating the provisions of this article may also be enjoined from the continuation of the violation by proceedings brought by the attorney general, any district attorney, any school official or any aggrieved citizen, regardless of whether criminal proceedings have been instituted.
Wyo. Stat. Ann. § 21-2-501 Children with disabilities entitled to free and appropriate education.
Every child of school age in the state of Wyoming having a mental, physical or psychological disability which impairs learning, shall be entitled to and shall receive a free and appropriate education in accordance with his capabilities.
Wyo. Stat. Ann. § 21-2-502 Duties of school districts; interdistrict contracts; assistance of state superintendent; attendance beyond school age.
(a) Each school district of this state having any school age children residing in the district who possess any of the disabilities covered under this article shall, subject to the rules and regulations of the state superintendent, provide for the appropriate diagnosis, evaluation, education or training and necessary related services and may include, but is not limited to room and board, for those children. If the school district is unable to provide the necessary and appropriate programs and services, it shall contract with another school district or agency to obtain them. If the programs and services cannot reasonably be provided by the district or by interdistrict contracts, the state superintendent shall assist local boards of trustees in arranging for the appropriate educational programs and services either within or without the state pursuant to its rules and regulations and financed as provided by law.
(b) Notwithstanding W.S. 21-2-501, 21-4-301, and subsection (a) of this section, any child with a mental, physical or psychological disability receiving programs and services within district facilities who attains the age of twenty-one (21) during any school year shall be provided the opportunity to complete that school year.
Wyo. Stat. Ann. § 21-2-601 Designation of boards as agencies to receive federal funds; powers of boards.
The board of trustees of the University of Wyoming is hereby authorized to accept any funds or grants made to the University of Wyoming by the United States to be used for education, research or other purposes. The board of trustees of the University of Wyoming is hereby authorized to accept the terms and provisions of any act of congress relating to any federal grants made for the purposes herein provided and said funds so granted or allocated to the said university shall be under the control of and expended by the said board of trustees of said university.
Wyo. Stat. Ann. § 21-2-602 Acceptance of funds not mandatory; local control of schools not to be surrendered.
Nothing in this article shall be construed to make acceptance of funds provided herein mandatory to any school district, nor shall anything herein contained be considered as a directive or authority to surrender any degree of local control of the schools of the state by the state board of education or any other school authority.
Wyo. Stat. Ann. § 21-2-603 Powers of state treasurer; monies donated to state.
Whenever the state of Wyoming shall be entitled to receive any monies or funds from the United States of America, or from any other source or authority, to be expended for the benefit of the public schools of the state, or held or in any manner applied for their benefit, the state treasurer is hereby authorized to receive and receipt for such monies or funds, and to make such application and use of the same as may be required by law. Should such monies or funds be donated to the state, and should the act of donation require such monies or funds to be applied or held, or used in a particular manner, they shall be so applied.
Wyo. Stat. Ann. § 21-2-701 Definitions.
(a) As used in this act:
(i) "Division" means a division or section as assigned responsibilities for programs of developmental disabilities, department of health;
(ii) "Preschool children with disabilities" means any children three (3) through five (5) years of age in the state of Wyoming having a mental, physical or psychological disability which impairs learning, subject to rules and regulations of the state superintendent;
(iii) "Regional developmental preschool system" means the regional developmental programs and the operating units or centers of those programs in this state which through contracts with the division, provide services to preschool children with disabilities;
(iv) "This act" means W.S. 21-2-701 through 21-2-705.
Wyo. Stat. Ann. § 21-2-702 Intermediate educational unit.
The division is deemed an intermediate educational unit as defined in 20 U.S.C. § 1401(23), Education of the Handicapped Act, as amended as of January 1, 1989.
Wyo. Stat. Ann. § 21-2-703 Superintendent duties; division duties.
(a) The state superintendent shall:
(i) Promulgate reasonable rules and regulations necessary to carry out the purpose of this act;
(ii) Monitor the division in carrying out its duties as an intermediate educational unit; and
(iii) Insure that activities under this act comply with the Education of the Handicapped Act, 20 U.S.C. §§ 1400 through 1485, as amended as of January 1, 1989.
(b) The division in carrying out its duties as an intermediate educational unit, shall:
(i) Insure that preschool children with disabilities receive services through the regional developmental preschool system or other appropriate institutions, except as provided in W.S. 21-2-704;
(ii) Monitor the regional developmental preschool system; and
(iii) Administer the rules and regulations promulgated by the state superintendent under this act.
(c) The state superintendent and the administrator of the division shall enter an interagency agreement which shall define the duties of the division and the superintendent.
Wyo. Stat. Ann. § 21-2-704 School district responsibility.
Notwithstanding any other provisions of this act, any preschool children with disabilities who are five (5) years of age on or before August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxvii), of the year in which they may register in kindergarten as provided in W.S. 21-4-302(b) and who are receiving services from a school district shall be the responsibility of that school district.
Wyo. Stat. Ann. § 21-2-705 Fund allocation.
(a) Repealed By Laws 2001, Ch. 143, § 2.
(b) Repealed By Laws 2006, Chapter 86, § 2.
(c) All funds received by the state from the federal government pursuant to section 611(d) and reserved by the state pursuant to section 611(e)(2) of the federal Individuals with Disabilities Education Act shall be retained by the department of education for state level activities authorized by federal law. The department of education shall expend these amounts in accordance with the following:
(i) A per student allocation shall be determined by dividing the retained amount, less funds allowed to be retained in the state's high risk pool under section 611(e)(3)(A) of the federal Individuals with Disabilities Education Act, by the number of students aged three (3) through twenty-one (21) years receiving special education services on May 1 of the school year immediately preceding the budget request;
(ii) The department of education shall distribute to the division an amount determined by multiplying the per student allocation, determined pursuant to paragraph (i) of this subsection, by the number of children aged three (3) through five (5) years receiving special education services through the division;
(iii) For purposes of this subsection, "children aged three (3) through five (5) years receiving special education services through the division" means the actual number of students receiving services through the division on May 1 of the school year immediately preceding the budget request;
(iv) Any remaining funds shall be expended for state level activities authorized by section 611(e)(2) and (3) of the federal Individuals with Disabilities Education Act.
(d) All funds received by the state from the federal government pursuant to section 619(c) and reserved by the state pursuant to section 619(f) of the federal Individuals with Disabilities Education Act shall be distributed by the state department of education to the division. To the extent not prohibited by federal law, funds distributed under this subsection shall be expended in a manner jointly determined by the department of education and the division for direct services to children with disabilities eligible for services under federal law.
Wyo. Stat. Ann. § 21-2-706 Developmental preschool funding.
(a) Expenditures by the division for developmental preschool services shall be subject to the following:
(i) Contractual payments to developmental preschool service providers shall be sufficient for the providers to provide adequate services for children age birth through five (5) years of age with developmental disabilities and delays, including compensation levels for early childhood special educators, occupational therapists, physical therapists and speech-language therapists that are competitive with local school district compensation levels for those categories;
(ii) Contractual payments to developmental preschool service providers shall be sufficient for the providers to pay for professional development activities of their professional employees and for a statewide program to identify children age birth through five (5) years of age in need of developmental preschool services;
(iii) Contracts with developmental preschool service providers shall require that the providers adopt evidence-based best practices, as defined by the division by rule and regulation;
(iv) Three percent (3%) matching local funds shall be required in contracts with any developmental preschool service provider.
(b) For purposes of calculating payments to service providers for the subsequent fiscal year and preparing the division's budget request to the legislature, the division shall multiply the number of children age birth through five (5) years of age with developmental disabilities who are eligible for and placed on an individualized education program or individualized family service plan through developmental preschool services on May 1 of the school year immediately preceding the budget request by eleven thousand seven hundred ninety-six dollars ($11,796.00) per child per year. Eligibility for developmental preschool services shall be determined by the state rules and regulations governing an individualized education program or an individualized family service plan.
(c) Repealed By Laws 2008, Ch. 86, § 2.
(d) The per child amount specified in subsection (b) of this section shall be increased by the amount of five hundred four dollars ($504.00) to provide:
(i) Professional social-emotional development services as a component of service providers' individualized education programs or individualized family service plans; and
(ii) Training and technical assistance in early childhood social-emotional development to early childhood service providers in the developmental preschools' service areas.
(e) Commencing with the budget request for the fiscal year 2026 and for each fiscal year thereafter, the department shall prepare an exception budget request necessary to adjust the amounts calculated pursuant to subsections (b) and (d) of this section and as previously adjusted pursuant to this subsection, to reflect the most recent external cost adjustment enacted by the legislature pursuant to W.S. 21-13-309(o). The intent of this subsection is for each budget request to incorporate all previous adjustments made pursuant to this subsection.
(f) Funds appropriated under subsection (d) of this section shall only be distributed to developmental preschool service providers that have established collaborative service agreements with professional social-emotional development service providers to provide early intervention services.
(g) For purposes of calculating payments to service providers made under this section for the subsequent fiscal year, if the per child amounts specified in this section would result in service providers receiving payments that are different from the available appropriation, the payments shall be adjusted on a pro rata basis so each service provider receives the same percentage of the per child amounts without exceeding the total available appropriation.
Wyo. Stat. Ann. § 21-2-801 Creation of board; appointment and composition; terms; vacancies; compensation.
(a) The Wyoming professional teaching standards board is created to consist of thirteen (13) members appointed by the state superintendent and the governor as follows:
(i) Six (6) certified public school employee members, two (2) of which shall be classroom teachers in grades kindergarten through six (6), three (3) of which shall be classroom teachers in grades seven (7) through twelve (12) and one (1) of which shall be a certified professional employee not assigned to classroom teaching but providing auxiliary professional services such as librarian, guidance counselor or educational diagnostician;
(ii) One (1) member to be a faculty member employed in an approved teacher preparation program in Wyoming offering approved preparation programs in the district;
(iii) One (1) member to be a dean of a post-secondary education preparation program appointed from an approved teacher preparation program within Wyoming post-secondary education institutions;
(iv) One (1) member to be a community college faculty member appointed from a Wyoming community college;
(v) Three (3) members currently employed in public school administration as follows:
(A) One (1) elementary principal;
(B) One (1) secondary school principal;
(C) One (1) central office administrator.
(vi) One (1) member who is a current member of a Wyoming school district board of trustees.
(b) Board members shall be appointed to a term of four (4) years. No person shall be appointed for more than two (2) four (4) year terms. Vacancies shall be filled by the state superintendent and the governor on a rotating basis from the appropriate group pursuant to subsection (a) of this section. Any board member may be removed as provided under W.S. 9-1-202.
(c) The members shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii) while attending board meetings. The board shall meet not less than once every three (3) months.
Wyo. Stat. Ann. § 21-2-802 Powers and duties; teacher certification; suspension and revocation; certification fees; disposition of collected fees; required data submissions to department of education.
(a) The board shall promulgate rules and regulations:
(i) For the certification of school administrators, teachers and other personnel to require either examination in specified subjects or the completion of courses in approved institutions, or both. However, nothing in this article shall be construed as permitting the board to impose any additional requirements beyond licensure in his own profession on any person licensed pursuant to title 33 in order for that person to practice his own profession in the schools as an employee of or contractor for a school district. Board rules and regulations shall require the following minimum qualifications and any additional qualifications for additional training in a broad general education as the board may designate:
(A) For teachers, a degree from an accredited college or university;
(B) For administrators, qualification as a teacher pursuant to subparagraph (a)(i)(A) of this section in addition to appropriate experience as a teacher and additional training in educational administration.
(ii) In addition to paragraph (a)(i) of this section, the board shall by rule and regulation provide for:
(A) Certification of teachers of the Arapaho, Shoshone, or both, languages and in its discretion, the board may make other exceptions as to both teachers and administrators it determines necessary and proper in special circumstances;
(B) Temporary employment as instructors of persons with extensive training or experience in a particular discipline if a certified teacher is not available. Those instructors shall be monitored and supervised by certified personnel;
(C) School district establishment of courses taught primarily by electronic transmission such as broadcast through satellites which do not require the presence of a teacher certified in the subject matter being taught by this alternative method;
(D) Alternative certification of teachers that requires a baccalaureate degree from an accredited college or university and successful completion of an accredited or non-accredited alternative certification program or pathway approved by the board that at a minimum requires passage of a subject area examination, pedagogy examination, United States Constitution examination and Wyoming Constitution examination. Issuance of this alternative certification shall be limited to the subject areas and grade levels successfully completed by the applicant. If the applicant is enrolled in or has completed an alternative certification program or pathway the applicant may apply for employment with a school district.
(iii) Providing that business instructors may instruct classes on economic systems and institutions.
(b) The board may enter into reciprocal agreements with other states for the purposes of granting certification pursuant to this section.
(c) The board may revoke, suspend, deny or refuse to renew certification for incompetency, conviction of a felony committed after July 1, 1996, immorality and other reprehensible conduct or gross neglect of duty or knowing misrepresentation of information on an application or resume, upon its own motion or upon the petition of any local board of trustees. Except as provided in subsection (k) of this section, no certificate shall be revoked or suspended without a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing.
(d) The board may establish reasonable fees for application and issuance of certification under this section and may require the payment of fees as a condition for issuing any certificate. The fees may include the costs associated with the criminal history background check required by paragraph (e)(ii) of this section. Fees collected by the board pursuant to this subsection shall be deposited with the state treasurer. Upon receipt, the state treasurer shall credit the revenues to a separate account. Expenditures from the account shall be for expenses incurred by the board in administering this article.
(e) No certification shall be issued under this section until a criminal history background check has been filed with and received by the board, the applicant provides a release of information and the applicant consents to the release of any criminal history information to the board and if applicable, to the employing school district. Upon receipt of a background report pursuant to this subsection indicating that the applicant has a conviction equal to a felony under Wyoming law or any conviction for an act which would constitute a violation under chapter 2 or chapter 4 of title 6 of the Wyoming statutes, the board shall immediately provide a copy of the report to the employing local school board if the information involves a certified individual employed by that local board and if the local board has requested a copy of the report. For all persons seeking initial certification under this section on or after July 1, 1996:
(i) The applicant shall be required to verify under oath whether he has been convicted of a felony. The board may deny certification of any applicant who has been convicted of a felony that relates to the practice of teaching or to the ability to practice as a teacher and may annul a certificate for misrepresentation by an applicant of his criminal history. Any felony related to a sexual offense shall be considered to relate to the practice of teaching. Action by the board to annul a certificate shall be taken following a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing;
(ii) The applicant shall provide to the board fingerprints and other information necessary for a criminal history record background check as provided in W.S. 7-19-201(a).
(f) Any local school board dismissing or accepting the resignation of a person holding certification under this section shall notify the professional standards teaching board of the dismissal or resignation, if the dismissal or acceptance of the resignation was based in whole or in part upon the person's conviction of a felony.
(g) For purposes of this section:
(i) "Convicted" or "conviction" means an unvacated determination of guilt by any court having legal jurisdiction of the offense and from which no appeal is pending. Pleas of guilty and nolo contendere shall be deemed convictions for the purposes of this section. Dispositions pursuant to W.S. 7-13-301 or 35-7-1037 shall not be convictions for purposes of this section;
(ii) "Felony" means a criminal offense for which the penalty authorized by law includes imprisonment in a state penal institution for more than one (1) year. "Felony" includes an offense committed in another jurisdiction which, if committed in this state, would constitute a felony as defined in this paragraph.
(h) The board shall establish qualifications of persons teaching driver education in a public school in this state in accordance with W.S. 21-7-303(c).
(j) Nothing in this section authorizes the board to establish qualifications of persons exempt from certification requirements pursuant to W.S. 21-7-303(b).
(k) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
(m) In accordance with criteria and guidelines established by the state superintendent of public instruction, the board shall submit data elements collected from school administrators, teachers and other school district personnel certified under this article to the department of education for housing in the department's data base repository.
Wyo. Stat. Ann. § 21-2-901 Short title.
This act shall be known as the "Steamboat Legacy Scholarship Act." The program created by this act shall be known as the "ESA program."
Wyo. Stat. Ann. § 21-2-902 Definitions.
(a) As used in this act:
(i) "Curriculum" means a course of study for content areas or grade levels, including any supplemental materials required or recommended by the curriculum;
(ii) "Education savings account" or "ESA" means the spending account for a child's education to which funds are allocated by the state superintendent of public instruction, for which a parent of an ESA student enters into an agreement with the state superintendent to choose and pay for qualifying education expenses to educate the ESA student, subject to the requirements and conditions of this act;
(iii) "Education service provider" means a person or organization, including a qualified school, that receives payments authorized by a parent from education savings accounts to provide educational goods and services to ESA students;
(iv) "ESA student" means a student eligible for an ESA pursuant to W.S. 21-2-904(a) who is participating in the ESA program;
(v) "Parent" means a resident of this state who is the parent or legal guardian of an eligible student or ESA student and may include an eligible student or ESA student who is an emancipated minor;
(vi) "Pre-kindergarten" means an educational program with the primary goal of preparing children for kindergarten that provides up to one (1) school year of education prior to entry into kindergarten;
(vii) "Qualified school" means a pre-kindergarten or a nonpublic primary or secondary school, certified by the state superintendent of public instruction pursuant to W.S. 21-2-906(a), located in or that provides education services in this state, that may include through online means;
(viii) "This act" means W.S. 21-2-901 through 21-2-909.
Wyo. Stat. Ann. § 21-2-903 Education savings accounts; steamboat legacy scholarship program account.
(a) For school year 2025-2026 and each school year thereafter, the total amount to be deposited in an education savings account each year shall be as follows:
(i) For students eligible for an ESA under W.S. 21-2-904(a)(i), seven thousand dollars ($7,000.00);
(ii) For students eligible for an ESA under W.S. 21-2-904(a)(ii), whose household income is equal to or less than two hundred fifty percent (250%) of the federal poverty level using the student's household income compared to the federal poverty guidelines for the student's household size and income, seven thousand dollars ($7,000.00).
(b) Payments to ESAs under this act shall be made by the state superintendent of public instruction from the steamboat legacy scholarship program account, which is hereby created. The steamboat legacy scholarship program account shall consist of funds transferred to the account and other funds appropriated by the legislature to the account. All earnings from investment of the steamboat legacy scholarship program account shall be credited to the account. Any unencumbered, unobligated balance of the steamboat legacy scholarship program account at the end of each fiscal year shall not revert but shall remain in the account and shall be expended to fund ESAs as provided by this act.
(c) Payments to each approved ESA shall be disbursed on a quarterly basis by the state superintendent or another state agency or person designated by the state superintendent to administer and disburse funds to education savings accounts.
(d) The ESA program shall not be funded with county, city or school district tax revenues.
Wyo. Stat. Ann. § 21-2-904 ESA parent agreement; ESA administration.
(a) Subject to the availability of funds as determined by the legislature, any child who is a Wyoming resident, who meets one (1) of the following qualifications, and subject to W.S. 21-2-903(a), shall be eligible to receive an ESA subject to the provisions of this act:
(i) The child has not graduated from high school or received a high school equivalency certificate and is eligible to attend a public school in this state; or
(ii) The child is not less than four (4) years of age as of August 1 of the year in which the application for an ESA is made and has not yet attained the age to attend public school in this state.
(b) To participate in the ESA program, the custodial parent of an ESA student shall sign an agreement with the state superintendent that:
(i) Requires use of the ESA funds for the following qualifying expenses to educate the ESA student:
(A) Tuition and fees at a qualified school;
(B) Tutoring services provided by an individual or a tutoring facility. The tutoring services shall not be provided by an ESA student's immediate family;
(C) Services contracted for and provided by a public school district, including services provided by a public charter school. Services under this subparagraph may include, without limitation, individual classes and extracurricular activities and programs;
(D) Textbooks, curriculum and other instructional materials, including, but not limited to, any supplemental materials or associated online instruction required by either a curriculum or an education service provider;
(E) Computer hardware or other technological devices that are primarily used to help meet an ESA student's educational needs;
(F) Educational software and applications;
(G) School uniforms;
(H) Fees for nationally standardized assessments, advanced placement examinations, examinations related to college or university admission and tuition and fees for preparatory courses for the exams;
(J) Tuition and fees for summer education programs and specialized after school education programs, but not including after school childcare programs;
(K) Tuition, fees, instructional materials and examination fees at a career or technical school;
(M) Educational services and therapies including, but not limited to, occupational, behavioral, physical, speech-language and audiology therapies;
(N) Tuition and fees at an institution of higher education;
(O) Fees for transportation paid to a fee-for-service transportation provider for the student to travel to and from an education service provider;
(P) Any other educational expense approved by the state superintendent;
(Q) Tuition and fees for nongovernmental online learning programs.
(ii) For students eligible for an ESA under paragraph (a)(i) of this section:
(A) Requires that the ESA student receive instruction in reading, writing, mathematics, civics, including studies of the United States constitution and the constitution of the state of Wyoming, history, literature and science and is assessed on academic progress. No parent shall be required to include any instruction that conflicts with the parent's or the ESA student's religious doctrines;
(B) Requires that the ESA student take the statewide assessments administered pursuant to W.S. 21-2-304(a) or a nationally normed achievement exam;
(C) Certifies that the ESA student is not, or will not be, enrolled in a public school district upon receipt of the ESA and releases the applicable school district from all obligations to educate the ESA student. This subparagraph shall not:
(I) Require an eligible student to withdraw from a public school district before applying for or receiving an ESA if the student withdraws from the public school district before receiving or expending any monies in the student's ESA;
(II) Prevent a qualified student from applying in advance for an ESA student to be funded beginning the following school year; or
(III) Prevent a public school district from charging an ESA for any services provided to the qualified student to the extent authorized by law.
(c) Funds in an ESA shall not be refunded, rebated or shared with a parent of an ESA student in any manner. Any refund or rebate for goods or services purchased with ESA funds shall be credited directly to the student's ESA.
(d) Parents may make payments for costs of educational goods and services not covered by the funds in the ESA. Personal deposits into an ESA shall not be permitted.
(e) An ESA shall remain active and any unused funds shall not revert until the parent withdraws the ESA student from the ESA program or until the ESA student is no longer eligible for the ESA program, unless the ESA is closed because of a substantial misuse of funds. When an ESA is closed, any unused funds shall revert to the steamboat legacy scholarship program account.
(f) Nothing in this act shall be construed to require an ESA student to be enrolled, full-time or part-time, in a nonpublic school. An ESA student receiving individualized instruction in a non-school setting shall not be construed to be a student of a home-based educational program as defined in W.S. 21-4-101(a)(v).
Wyo. Stat. Ann. § 21-2-905 Application.
(a) A parent may apply to the state superintendent of public instruction to establish an ESA for an eligible student.
(b) The state superintendent shall establish procedures for approving applications in an expeditious manner.
(c) The state superintendent shall create a standard form that parents may submit to establish their student's eligibility for the ESA program and shall ensure that the application form is publicly available and that completed applications may be submitted through various sources, including the internet.
(d) Except as provided under subsection (e) of this section, the state superintendent shall approve an application for an ESA if:
(i) The parent submits an application for an ESA in accordance with application procedures established by the state superintendent;
(ii) The student is an eligible student pursuant to W.S. 21-2-904(a);
(iii) Funds are available for the ESA;
(iv) The parent signs an agreement with the state superintendent as provided in W.S. 21-2-904(b).
(e) If the number of applications for ESAs exceeds the available funds for any school year, the students shall be selected on a first-come, first-served basis, except preference shall be given to the following students:
(i) An eligible student who received funds under the ESA program in the immediately preceding school year; or
(ii) A sibling of an eligible student who:
(A) Receives scholarship funds from an ESA at the time the sibling applied for an ESA; or
(B) Received an ESA in the school year immediately preceding the school year in which the sibling applies for an ESA.
(f) For students receiving an ESA under W.S. 21-2-904(a)(i), the following shall apply:
(i) A signed agreement between the parent and state superintendent under W.S. 21-2-904(b) shall satisfy the compulsory school attendance requirements of W.S. 21-4-102 and the parent shall annually provide the student's resident public school district notice of intent to participate in the ESA program;
(ii) Upon notice to the state superintendent, an ESA student may choose to stop receiving an ESA and enroll full-time in a public school. Enrolling as a full-time student in a public school shall result in the immediate suspension of payment of additional funds to the student's ESA and the state superintendent may close the ESA. If an eligible student applies to the state superintendent to return to the ESA program, payments into the student's existing ESA may resume if the ESA is still open and active. A new ESA may be established if an eligible student's ESA was closed;
(iii) The state superintendent may adopt rules and policies to provide the least disruptive process for ESA students who choose to enroll full-time in a public school.
Wyo. Stat. Ann. § 21-2-906 Duties of the state superintendent.
(a) The state superintendent of public instruction shall:
(i) Establish a certification process for education service providers, which shall ensure ESA students attending qualified schools in kindergarten through grade twelve (12) receive instruction in reading, writing, mathematics, civics, history, literature and science throughout their kindergarten through grade twelve (12) tenure, and for pre-kindergarten ensure ESA students at minimum receive instruction necessary for preparation to enter kindergarten;
(ii) Maintain a list of certified education service providers and ensure the list is available to parents of ESA students. The list shall enable the education service provider to indicate if the education service provider is accepting new ESA students;
(iii) Provide parents with a written explanation of the qualified expenses for ESA funds, the responsibilities of parents and the duties of the state superintendent related to administration of the ESA program;
(iv) For students eligible for an ESA under W.S. 21-2-904(a)(i), ensure that parents of ESA students with disabilities receive notice that participation in the ESA program is a parental placement under 20 U.S.C. § 1412, Individuals with Disabilities Education Act (IDEA), along with an explanation of the rights that parentally placed students possess under IDEA and any applicable state laws and regulations;
(v) If determined necessary by the state superintendent, contract with one (1) or more private organizations to administer the ESA program or specific functions of the ESA program including, without limitation, contracting with private financial management firms to manage ESAs. The state superintendent shall comply with applicable procurement statutes and rules in securing services under this paragraph;
(vi) Implement a commercially viable, cost-effective and user-friendly system for payment of services from ESAs to education service providers by electronic or online funds transfer. The payment system shall not rely exclusively on requiring parents to be reimbursed for out-of-pocket expenses. The payment system shall provide maximum flexibility to parents by facilitating direct payments to education service providers as well as requests for pre-approval of and reimbursements for qualifying expenses listed in W.S. 21-2-904(b)(i). The state superintendent may contract with private organizations to develop the payment system;
(vii) Continue certifying deposits into a student's ESA until:
(A) The state superintendent determines that the ESA student is no longer an eligible student;
(B) The state superintendent determines there was an intentional and substantial misuse of the funds in the ESA;
(C) The ESA student withdraws from the ESA program; or
(D) The ESA student enrolls full-time in a public school.
(viii) Conduct or contract for the auditing of individual ESAs and shall at a minimum conduct or contract for audits of not less than two percent (2%) of all ESAs, selected randomly, on an annual basis;
(ix) Investigate reports of intentional and substantial misuse of ESA funds and prohibit an eligible ESA student from receipt of ESA funds if the state superintendent determines that the ESA student or ESA student's parent intentionally and substantially misused ESA funds. The state superintendent shall by rule create procedures to ensure that a fair process exists to determine whether an intentional and substantial misuse of ESA funds has occurred. If an ESA student is free from personal misconduct, that student shall be eligible for an ESA in the future if placed with a different parent or other person with the legal authority to act on behalf of the student. The state superintendent shall have the authority to refer suspected cases of intentional and substantial misuse of ESA funds to the department of audit or to law enforcement and the attorney general for investigation and prosecution if evidence of fraudulent use of ESA funds is obtained. A parent or ESA student may appeal a final decision of the state superintendent to make the parent or ESA student ineligible for the ESA program as provided by the Wyoming Administrative Procedures Act;
(x) Establish rules to prohibit an education service provider from accepting payments from ESAs if the state superintendent determines the education service provider has:
(A) Intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner; or
(B) Routinely failed to provide students with required educational goods or services.
(xi) By rule create procedures to ensure that a fair process exists to determine whether an education service provider should be prohibited from receiving ESA funds under paragraph (x) of this subsection. Education service providers may appeal a final decision of the state superintendent under this paragraph as provided by the Wyoming Administrative Procedures Act;
(xii) For students eligible for an ESA under W.S. 21-2-904(a)(i), ensure ESA students, who choose to, participate in the statewide assessments administered pursuant to W.S. 21-2-304(a) and compile the assessment results to analyze student proficiency and academic progress among the students participating in the ESA program, including an analysis of graduation rates, proficiency and progress based on grade level. The results of the analysis under this paragraph shall be included in the annual report required pursuant to W.S. 21-2-204(k);
(xiii) If the state superintendent determines it is necessary, withhold from the funds to be deposited in ESAs, a maximum of five percent (5%) annually of the funds to be deposited in ESAs in the first two (2) school years of the ESA program and a maximum of three percent (3%) annually of the funds to be deposited in ESAs thereafter to pay for the costs of administering the ESA program.
(b) If an education service provider requires partial payment of tuition or fees prior to the start of the school year to reserve space for an ESA student admitted to the education service provider, the state superintendent may certify the partial payment prior to the start of the school year in which the ESA is awarded and deduct that amount from subsequent quarterly ESA deposits. If an ESA student decides not to use the education service provider, the partial payment made under this subsection shall be returned to the state superintendent by the education service provider and credited to the student's ESA.
(c) The state superintendent may adopt rules that are not inconsistent with this act and that are necessary for the administration of this act including rules:
(i) Establishing or contracting for the establishment of an online anonymous fraud reporting service;
(ii) Establishing an anonymous telephone hotline for fraud reporting;
(iii) Requiring a surety bond for education service providers receiving more than one hundred fifty thousand dollars ($150,000.00) in ESA funds; and
(iv) Establishing a procedure for refunding payments from education service providers to ESAs.
(d) Rules adopted by the state superintendent under subsection (c) of this section shall focus on simplifying parental access to the program and encouraging educational service providers to provide parents and ESA students with a broad array of educational options.
(e) The state superintendent may accept gifts and grants from any source to cover administrative costs of the program, to inform the public about the ESA program or to fund ESAs.
Wyo. Stat. Ann. § 21-2-907 Education service providers.
(a) Before receiving payment from an ESA, a prospective education service provider shall:
(i) Be certified by the state superintendent of public instruction pursuant to W.S. 21-2-906(a) to receive payments from ESAs;
(ii) Agree not to refund, rebate or share ESA funds with parents or ESA students in any manner, except that funds may be remitted or refunded to an ESA in accordance with procedures established by the state superintendent.
(b) Nothing in this act shall be deemed to limit the independence or autonomy of an education service provider or to make the actions of an education service provider the actions of state government or public school district.
(c) Education service providers shall be given maximum freedom to provide instruction and services in their usual and customary manner to meet the educational needs of ESA students.
(d) An education service provider that accepts payment from an ESA pursuant to this act is not an agent of the state or federal government or a public school district.
(e) Nothing in this act shall be construed to expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of education service providers beyond those necessary to enforce the requirements of the ESA program.
(f) An education service provider shall not be required to alter its creed, practices, admission policy or curriculum to accept payments authorized by a parent from an ESA.
Wyo. Stat. Ann. § 21-2-908 Responsibilities of public schools and school districts.
A public school or school district that previously enrolled an ESA student shall provide an education service provider that has enrolled the ESA student with a complete copy of the ESA student's school records as necessary, while complying with 20 U.S.C. § 1232g, the Family Educational Rights and Privacy Act of 1974.
Wyo. Stat. Ann. § 21-2-909 Legal proceedings.
(a) No liability shall arise on the part of the state superintendent of public instruction or the state or any public school or school district based on the award of or use of an ESA pursuant to this act.
(b) In any legal proceeding challenging the application of this act or rule adopted under this act to an education service provider, the state bears the burden of proof to establish that the law is necessary and does not impose any undue burden on the education service provider.
(c) If any part of this act is challenged in a state court as violating either the state or federal constitutions, parents of eligible students and parents of ESA students shall be permitted to intervene in any lawsuit for the purposes of defending the ESA program's constitutionality.
(d) If any provision of this act or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title21.pdfFetched: 10/4/2026