ARTICLE 3 - RIGHT TO ATTEND SCHOOL
21-4-301.� Schools to be free and accessible to all children; minimum school year.
Except as otherwise provided by law, the public schools of each school district in the state shall at all times be equally free and accessible to all children resident therein of five (5) years of age as of September 15 of the applicable school year and under the age of twenty-one (21), subject to regulations of the board of trustees. Each school district shall operate its schools and its classes for a minimum of one hundred seventy-five (175) days each school year unless an alternative schedule has been approved by the state board.� Prior to submission of a proposed alternative schedule to the state board, the board of trustees shall hold at least two (2) advertised public meetings within the district, at which the board shall present the proposed alternative schedule and respond to public questions and comments.� Any school district operating under an alternative schedule shall annually evaluate the effectiveness of that schedule in meeting the educational goals and purposes for which the schedule was adopted.
21-4-302.� Age for registration in first grade and kindergarten; preschool programs.
(a)� A pupil may register in the first grade in the public schools of this state in the year in which his sixth birthday falls on or before September 15.
(b)� A pupil may register in kindergarten in the public schools of this state in the year in which his fifth birthday falls on or before September 15.
(c)� The board of trustees of a school district may permit the enrollment of pupils in a part-time preschool program with a curriculum based on developmentally appropriate practices funded by the district. The school district may:
(i)� Contract with a preschool program to operate the preschool. The program may use school district facilities or facilities which are provided by others and may utilize the services of personnel who are not school district personnel and which are provided by others;
(ii)� Establish a minimum attendance age for the program, but a pupil must have attained at least his third birthday on or before September 15 of the year in which that pupil enrolls. A pupil who enrolls in such a preschool program shall not be included within the district's average daily membership (ADM) for purposes of receiving state funds or within any other school funding formula for purposes of receiving funds from the state, unless the pupil has attained the minimum age for registration in kindergarten as provided in subsection (b) of this section;
(iii)� Provide, or contract with an outside organization to provide, technical assistance, including occasional classroom instruction regardless of the regularity of such occasional classroom instruction, to preschool programs. Technical assistance may be provided to preschool programs on the basis of location, date of application for such assistance by a program, random selection of a program, or family income, home location, eligibility for a federal program or other socioeconomic characteristics which correlate with risk for unsuccessful academic performance of pupils attending the program. No preschool program shall be required to receive such technical assistance. A district shall not receive any additional financial assistance from the state if the district chooses to provide technical assistance to a preschool program under this paragraph.
(d)� A program shall not discriminate in enrollment on the basis of sex, race, religion or national origin.
(e)� A school district which provides a preschool program under subsection (c) of this section biennially shall assess, through the fourth grade when practical, the school readiness and academic performance of pupils who participate in the program as compared with those who do not participate in the program. The district shall report the results of the assessment to the department of education and the department shall report the results to the joint education interim committee of the legislature on or before October 1 of each even numbered year. The results of any assessment required by this subsection shall be open for public inspection.
(f)� Nothing in this section supersedes W.S. 21-2-701 through 21-2-705.
21-4-303.� Right not denied on account of sex, race or religion.
No child shall be denied the right to attend the public schools of this state on account of sex, race, or religion.
21-4-304.� Repealed by Laws 1991, ch. 138, � 1.
21-4-305.� Suspension or expulsion; authority; procedure.
(a)� The board of trustees of any school district may delegate authority to disciplinarians chosen from the administrative and supervisory staff to suspend any student from school for a period not to exceed ten (10) school days. In addition, the board of trustees shall, subject to the case-by-case modification permitted by this subsection, require the district superintendent to expel from school for a period of one (1) year any student determined to possess, use, transfer, carry or sell a deadly weapon as defined under W.S. 6-1-104(a)(iv) within any school bus as defined by W.S. 31-7-102(a)(xl) or within the boundaries of real property used by the district primarily for the education of students in grades kindergarten through twelve (12). The superintendent with the approval of the board of trustees may modify the period of expulsion on a case-by-case basis based upon the circumstances of the violation. Upon a violation of this subsection and following notice and hearing requirements of this section, the superintendent shall notify the district attorney of the violation together with the specific act in violation of this subsection and the name of the student violating this subsection.� Nothing in this subsection prohibits a district from providing educational services to the expelled student in an alternative setting.
(b)� The disciplinarian shall give the student to be suspended oral or written notice of the charges against him and an explanation of the evidence the authorities have.� The disciplinarian shall give the student to be suspended an opportunity to be heard and to present his version of the charges against him. No student shall be removed from school without such notice and opportunity to be heard, except as provided by subsection (c) of this section.
(c)� The disciplinarian shall give the student to be suspended the opportunity to be heard as soon as practicable after the misconduct, unless the student's presence endangers persons or property, or threatens disruption of the academic process, in which case his immediate removal from school may be justified, but the opportunity to be heard shall follow as soon as practicable, and not later than seventy-two (72) hours after his removal, not counting Saturdays and Sundays. Written notice of suspension shall be sent to the student's parents, guardians or custodians within twenty-four (24) hours of the decision to conduct them.
(d)� The board of trustees of any school district or the superintendent if designated, may suspend a student for a period exceeding ten (10) school days or may expel a student for a period not to exceed one (1) year, provided the student is afforded an opportunity for a hearing in accordance with the procedures of the Wyoming Administrative Procedure Act.
(e)� Suspension or expulsion shall not be imposed as an additional punishment for offenses punishable under the laws of the state, except for expulsion by a district superintendent under subsection (a) of this section, or where the offense was committed at a school function, against the property of the school, or is of such nature that continuation of the child in school would clearly be detrimental to the education, welfare, safety or morals of other pupils.� No suspension or expulsion shall be for longer than one (1) year.
(f)� Any decision of the board, or of a designated superintendent, shall be considered a final decision which may be appealed to the district court of the county in which the school district is located, pursuant to provisions of the Wyoming Administrative Procedure Act. The court may, on application or on its own motion, stay the decision of the board or superintendent pending appeal, considering both the best interests of the child and the need to maintain an orderly environment conducive to learning for other children.
21-4-306.� Suspension or expulsion; grounds.
(a)� The following shall be grounds for suspension or expulsion of a child from a public school during the school year:
(i)� Continued willful disobedience or open defiance of the authority of school personnel;
(ii)� Willful destruction or defacing of school property during the school year or any recess or vacation;
(iii)� Any behavior which in the judgment of the local board of trustees is clearly detrimental to the education, welfare, safety or morals of other pupils, including the use of foul, profane or abusive language or habitually disruptive behavior as defined by subsection (b) of this section;
(iv)� Torturing, tormenting, or abusing a pupil or in any way maltreating a pupil or a teacher with physical violence;
(v)� Possession, use, transfer, carrying or selling a deadly weapon as defined under W.S. 6-1-104(a)(iv) within any school bus as defined by W.S. 31-7-102(a)(xl) or within the boundaries of real property used by the district primarily for the education of students in grades kindergarten through twelve (12).
(b)� As used in paragraph (a)(iii) of this section, "habitually disruptive behavior" means overt behavior willfully initiated by a student causing disruption in the classroom, on school grounds, on school vehicles or at school activities or events, which requires the attention of a teacher or other school personnel.
21-4-307.� Denial of admission to school.
(a)� The board of trustees of any school district within the state may deny admission to any child who:
(i)� Has completed the twelfth grade; or
(ii)� Has such a mental or physical disability that based upon a physician's certificate the board believes such child could not reasonably benefit from the programs available or the attendance of such child would be inimical to the health, safety, or welfare of other pupils; provided, that the board shall make the best possible provision for suitable and adequate education of such child in accordance with the laws of this state.
21-4-308.� Punishment and disciplinary measures; denial of diploma or credit.
(a)� Each board of trustees in each school district within the state may adopt rules for reasonable forms of punishment and disciplinary measures.� Subject to such rules, teachers, principals, and superintendents in such district may impose reasonable forms of punishment and disciplinary measures for insubordination, disobedience, and other misconduct.
(b)� Teachers, principals and superintendents in each district shall be immune from civil and criminal liability in the exercise of reasonable corporal discipline of a student as authorized by board policy.
(c)� No diploma or credit for a course which has been completed successfully shall be denied a pupil who has earned it; provided, such diploma or credit shall not be deemed earned until payment has been made for all indebtedness due to the school district.
21-4-309.� Mandatory immunizations for children attending schools; exceptions.
(a)� Any person attending, full or part time, any public or private school, kindergarten through twelfth grade, shall within thirty (30) days after the date of school entry, provide to the appropriate school official written documentary proof of immunization.� For purposes of this section, documentary proof of immunization is written certification by a private licensed physician or his representative or by any public health authority, that the person is fully immunized.� Documentation shall include month, day and year of each required immunization received against vaccine preventable disease as designated by the state health authority.�� No school administrator shall permit a student to attend school for more than thirty (30) calendar days without documentary proof of immunization.� If immunization requires a series of immunizations over a period of more than thirty (30) calendar days, the child shall be permitted to attend school while receiving continuing immunization if the school administrator receives written notification by a private licensed physician or his representative or by a public health official, specifying a written schedule for necessary immunization completion within the medically accepted time period.� Waivers shall be authorized by the state or county health officer upon submission of written evidence of religious objection or medical contraindication to the administration of any vaccine.� In the presence of an outbreak of vaccine preventable disease as determined by the state or county health authority, school children for whom a waiver has been issued and who are not immunized against the occurring vaccine preventable disease shall be excluded from school attendance for a period of time determined by the state or county health authority, but not suspended from school as provided in W.S. 21-4-305.� Children excluded from school attendance under this section shall not be counted in the aggregate number of pupils absent as defined in W.S. 21-13-101(a)(i).
(b)� The school administrator shall be responsible for an audit of the immunization status of any child enrolled in the school in accordance with rules and regulations prescribed by the department of health.
(c)� The written documented proof of immunization on a form provided by the state health officer shall be an integral part of the child's school record.
(d)� For purposes of this section:
(i)� "State health officer" means the person appointed by the director of the department of health pursuant to W.S. 9-2-103;
(ii)� "County health officer" means the licensed medical officer designated by the county commissioners to serve as health officer for his county;
(iii)� "Immunized" or "immunization" means initial immunization and any boosters or reimmunizations required to maintain immunization pursuant to the immunization standards and recommendations issued by the state health officer.
21-4-310.� Self-administration of medication for potentially life threatening conditions.
(a)� The district board shall permit a student to possess and self-administer within any school of the district medication required for potentially life threatening conditions if a written statement is submitted to the district containing applicable:
(i)� Parental verification that the student is responsible for and capable of self-administration and parental authorization for self-administration of medication required for potentially life threatening conditions;
(ii)� Health care provider identification of the prescribed or authorized medication required for potentially life threatening conditions and verification of the appropriateness of the student's possession and self-administration of the medication required for potentially life threatening conditions.
(b)� The written statement shall be prescribed by the department of education, with the assistance of the department of health, and shall require the signatures of the parent or guardian of the student and the student's physician or physician's representative.
(c)� As used in this section:
(i)� "Asthma medication" means prescription or nonprescription inhaled asthma medication;
(ii)� "Potentially life threatening conditions" includes, but is not limited to asthma, food allergies and insect bites;
(iii)� "Medication required for potentially life threatening conditions" includes, but is not limited to asthma medication and prescription single dose epinephrine pens.
21-4-311.� Safe school climate act; short title.
This act shall be known and may be cited as the "Safe School Climate Act".
21-4-312.� Definitions.
(a)� As used in this act:
(i)� "Harassment, intimidation or bullying" means any intentional gesture, any intentional electronic communication or any intentional written, verbal or physical act initiated, occurring or received at school that a reasonable person under the circumstances should know will have the effect of:
(A)� Harming a student physically or emotionally, damaging a student's property or placing a student in reasonable fear of personal harm or property damage;
(B)� Insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or
(C)� Creating an intimidating, threatening or abusive educational environment for a student or group of students through sufficiently severe, persistent or pervasive behavior.
(ii)� "School" includes a classroom or other location on school premises, a school bus or other school-related vehicle, a school bus stop, an activity or event sponsored by a school, whether or not it is held on school premises, and any other program or function where the school is responsible for the child;
(iii)� "This act" means W.S. 21-4-311 through 21-4-315.
21-4-313.� Prohibition against harassment, intimidation or bullying; reporting to school officials.
(a)� No person shall engage in:
(i)� Harassment, intimidation or bullying; or
(ii)� Reprisal or retaliation against a victim, witness or person who reports information about an act of harassment, intimidation or bullying.
21-4-314.� School district implementation; state policies, training and technical assistance.
(a)� Not later than December 31, 2009, each school district shall adopt a policy prohibiting harassment, intimidation or bullying at school.� The school district shall involve parents and guardians, school employees, volunteers, students, administrators and community representatives in the process of creating the policy.� Policies created under this section shall be continuously reviewed and may be revised as necessary.
(b)� The policy prohibiting harassment, intimidation or bullying shall include, without limitation:
(i)� A statement prohibiting harassment, intimidation or bullying of a student;
(ii)� A definition of "harassment, intimidation or bullying" which includes at minimum the definition as provided in W.S. 21-4-312(a)(i);
(iii)� Consequences and appropriate remedial actions for persons committing acts of harassment, intimidation or bullying or engaging in reprisal or retaliation;
(iv)� Procedures for reporting and documenting acts of harassment, intimidation or bullying, including a provision for reporting anonymously.� However, formal disciplinary action shall not be taken solely on the basis of an anonymous report.� The procedures shall identify the appropriate school personnel responsible for receiving a report and investigating a complaint;
(v)� Procedures for prompt investigation of reports or complaints of serious violations;
(vi)� A statement that prohibits reprisal or retaliation against a person who reports or makes a complaint of harassment, intimidation or bullying;
(vii)� A strategy for protecting a victim from additional harassment, intimidation or bullying, and from retaliation following a report;
(viii)� Consequences and appropriate remedial action for a person who is found to have made a false accusation, report or complaint;
(ix)� A process for discussing the district's harassment, intimidation or bullying policy with students; and
(x)� A statement of how the policy is to be publicized, including notice that the policy applies to participation in functions sponsored by the school.
(c)� To assist local school districts in developing a policy under subsection (b) of this section, the department of education shall not later than September 1, 2009, develop model policies applicable to grades kindergarten through twelve (12) and teacher preparation program standards on the identification and prevention of bullying.� In addition, the department shall provide necessary training programs and technical assistance to districts in carrying out this act.
(d)� Each local school board shall include the policy adopted by a school district pursuant to this section in a publication of the comprehensive rules, procedures and standards of conduct for schools of a school district and in each school's student's handbook.
(e)� Information regarding the school district's policy against harassment, intimidation or bullying shall be incorporated into each district's professional development programs and shall be provided to volunteers and other noncertified employees of the district who have significant contact with students.
(f)� School districts may establish bullying prevention programs or other initiatives and may involve school staff, students, administrators, volunteers, parents, law enforcement and community members.
21-4-315.� Applicability; no civil liability created; immunity.
This article shall not be interpreted to prevent a victim from seeking redress pursuant to any other applicable civil or criminal law.� This article does not create or alter any civil cause of action for monetary damages against any person or school district nor shall it constitute grounds for any claim or motion raised by either the state or defendant in any proceedings, except that the defense of immunity shall be retained and may be asserted in any action arising under this act.