TITLE 21 - EDUCATION

 

CHAPTER 1 - GENERAL PROVISIONS AND DEFINITIONS

 

21-1-101.� Short title.

 

 

This act shall be known and may be cited as the Wyoming Education Code of 1969.

 

21-1-102.� Use of "shall" and "may".

 

 

In this act "shall" is used in an imperative sense and "may" is used in a permissive sense.

 

21-1-103.� "State superintendent" and "state board" defined.

 

 

(a)� As used in this act, unless the context otherwise requires or unless otherwise specifically noted:

 

(i)� "State superintendent" means the state superintendent of� public instruction;

 

(ii)� "State board" means the state board of education.

 

CHAPTER 2 - THE ADMINISTRATION OF THE STATE SYSTEM OF EDUCATION AT THE STATE LEVEL

 

ARTICLE 1 - GENERAL PROVISIONS

 

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.

 

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.

 

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.

 

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.

 

21-2-105.� Delegation of duties of state superintendent.

 

The state superintendent may delegate ministerial� and nondiscretionary duties within the department of education.

 

ARTICLE 2 - SUPERINTENDENT OF PUBLIC INSTRUCTION

 

21-2-201.� General supervision of public schools entrusted to state� superintendent.

 

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.

 

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(h) and shall be provided within a reasonable time in accordance with rules and regulations of the state board.� In addition and pursuant to W.S. 21-2-304(a)(vii) and 21-3-110(a)(xxiv)(B), effective school year 2012-2013, the state superintendent shall, through the department, receive scores for each student assessed by each school district under the benchmark adaptive assessment administered under W.S. 21-3-110(a)(xxiv)(B), with appropriate linkages to teachers, schools and districts, reported in formats and schedules established by rule and regulation 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 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; and

 

(J)� Employ legal counsel to review contracts entered into by the state superintendent in his official capacity and perform other duties as assigned by the state superintendent. Nothing in this subparagraph prohibits the state superintendent from using the services of the attorney general's office.

 

(xx)� In cooperation with the state board, the Wyoming community college commission, University of Wyoming, state telecommunications council, public service commission, department of transportation, department of administration and information, 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 administration and information pursuant to W.S. 9-2-1026.1(d).� Not later than January 10 of each year and with the assistance of participating agencies, an annual report on the status of the statewide education technology plan shall be prepared and issued by the state superintendent;

 

(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-vocational education courses by districts, for the computation of full-time equivalent (FTE) students participating in career-vocational education courses and for the determination of full-time equivalent (FTE) career-vocational 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-vocational 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-vocational 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-vocational education expenditures;

 

(xxx)� Effective school year 2006-2007 and each school year thereafter, in consultation and coordination with local school districts, by rule and regulation establish a program of administering a standardized, curriculum based, achievement college entrance examination and a job skills assessment test selected by the state superintendent to all students in the eleventh grade throughout the state as provided in W.S. 21-3-110(a)(xxix), except that any student with an individual education plan may be excused from taking either the college entrance examination or the job skills test if the parent or guardian of the student submits a request for the excusal to the appropriate local school district authority.� The examination and test 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 reading, writing and mathematics.� The jobs skills assessment test shall at a minimum test in the areas of applied math, reading for information and locating information.� The state superintendent shall pay all costs associated with administering the college entrance examination and the jobs skills assessment test and shall schedule a day during which both examinations shall be provided to and one (1) shall be administered to all eleventh grade students throughout the state.� The date shall be selected so that following receipt of scores, students may timely register for senior year classes which may be necessary to allow the student to qualify for a state provided scholarship.� The state superintendent may enter into agreements with an administrator of the college entrance examination and an administrator of the jobs skills assessment test and adopt rules as necessary to ensure compliance with any requirements of an administrator, such as a secure environment;

 

(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 distance education by:

 

(A)� Establishing, approving, facilitating and monitoring a state network of distance education courses that meet state standards for course content and delivery by Wyoming certified teachers;

 

(B)� Providing training and technical assistance to school districts for the delivery of distance education;

 

(C)� Monitoring the design, content, delivery and the accreditation of distance education programs provided by school districts under W.S. 21-13-330;

 

(D)� Establishing criteria and necessary components of individual student distance learning plans required by W.S. 21-13-330;

 

(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 distance education programs statewide.

 

(xxxii)� By rule and regulation adopted not later than July 1, 2011 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)(xxx).� The state superintendent shall review the policy of each district for compliance with the requirements of W.S. 21-3-110(a)(xxx) 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)(xxx) 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)� In consultation with the office of the chief information officer and through a single repository, establish criteria and guidelines for the collection, storage, management and reporting of data related to teacher certification and the administration of the school finance system.

 

(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.

 

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 linking student achievement with teachers of record and relevant school principals, 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-vocational education participation and career-vocational 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)� On and after July 1, 2005, the following shall apply:

 

(i)� All data or reports required to be submitted to the department by school districts in accordance with law or rules shall include a statement by the superintendent of the district certifying that the data submitted is complete, accurate and conform with all reporting requirements;

 

(ii)� If a district superintendent 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.

 

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 in accordance with this section, which considers use of the components of the education resource block grant model as defined by W.S. 21-13-101(a)(xiv) and as contained in Attachment "A" as defined under W.S. 21-13-101(a)(xvii).� The first phase of this system shall be a school-based system that includes student performance as measured through multiple indicators in those subjects for which students are assessed as specified by this subsection, that are reported in terms of student achievement at prescribed performance levels, and that are aggregated to the school level.� Core indicators of student performance under the first phase of the statewide school-based accountability system for each applicable school shall be:

 

(i)� School level performance in third through eighth and eleventh grade reading; and

 

(ii)� Additional secondary school level outcomes.

 

(c)� School level performance in reading shall be measured by the statewide assessment system implemented by the state board of education under W.S. 21-2-304(a)(v). Additional secondary school outcomes shall be measured in accordance with subsection (d) of 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.

 

(d)� Beginning in school year 2011-2012, and each school year thereafter, the department of education shall compute a combined school score for student performance in the core indicators specified under subsection (b) of this section as follows:

 

(i)� For school level reading in grades three (3) through eight (8) and grade eleven (11), using existing proficiency performance levels specified on the statewide assessment:

 

(A)� Each school shall record year-to-year performance level changes in reading for all students within grades three (3) through eight (8) and grade eleven (11) as may be served by that school.� Year-to-year school level performance change designations shall be determined using statistically robust methodology and shall be assigned as follows:

 

(I)� "Positive progress" if a school moves from its immediately preceding school year performance level to a higher performance level in the current school year;

 

(II)� "Performance level unchanged" if a school's immediately preceding school year performance level is the same as its performance level in the current school year;

 

(III)� "Negative progress" if a school moves from its immediately preceding school year performance level to a lower performance level in the current school year.

 

(B)� Point values shall be assigned to each school according to the type of change in performance levels from the current school year compared to the performance level of the immediately preceding school year as follows:

 

(I)� Schools demonstrating "positive progress" shall be designated as a positive point value;

 

(II)� Schools demonstrating "performance level unchanged" shall be designated as an unchanged or zero (0) point value;

 

(III)� Schools demonstrating "negative progress" shall be designated as a negative point value.

 

(ii)� For additional secondary school-level outcomes, the following measures shall be used:

 

(A)� A standardized, curriculum based college readiness test in grade eight (8) covering English, reading, mathematics and science, reported by the percentage of students meeting or exceeding college readiness benchmark scores for each subject area;

 

(B)� A standardized, curriculum based achievement college entrance examination in grade eleven (11) covering English, reading, mathematics and science, reported by the percentage of students meeting or exceeding the college readiness benchmark score for each subject area.

 

(iii)� All information generated under paragraphs (i) and (ii) of this subsection shall be recorded by matrix format established by rule and regulation of the department of education.

 

(e)� The target level for student performance under the first phase of the statewide accountability system shall be positive progress on all core indicators measured under subsection (d) of this section.

 

(f)� Commencing with school year 2013-2014, and each school year thereafter, any school that fails to meet the computed school improvement targets established under subsection (e) of this section shall be subject to the following:

 

(i)� For the first year of failure to meet school improvement targets, the school district for that school shall report to the department of education on its identified cause for the school's failure to meet improvement targets and shall provide written articulation of instructional strategies and programs to accelerate student performance within that school sufficient to meet improvement targets through a performance acceleration plan.� The plan shall include class schedules, curriculum choices and instructional materials, shall specify strategies targeting higher performance for students performing below target levels and strategies for maintaining students performing above target levels, and shall verify deployment of resources by the district necessary to implement the strategies for that school.� Not later that August 1 of each applicable school year, each district subject to this paragraph shall file the performance acceleration report assembled in accordance with this paragraph with the department in a manner, subject to criteria and on a form prescribed by department rule and regulation.� Not later than November 1 of the applicable school year, the department shall discuss each performance acceleration plan with the district superintendent and the chairman of the board of trustees of the school for which the plan is submitted, specifically addressing the performance acceleration strategies and programs contained within the report.� The department shall also determine the sufficiency of resources planned for deployment by the district to implement articulated strategies for that school.� On or before December 1 of the school year immediately following the school year for which the school improvement target is computed, the department shall report to members of the joint education interim committee and the joint appropriations interim committee, a compilation of all district reports submitted under this paragraph together with evidence of discussions with the district superintendents and board chairmen required under this paragraph, an analysis of the ability of each district's strategies and programs to succeed in accelerating student performance and the analysis of the sufficiency of resources to implement plan strategies;

 

(ii)� For the second and subsequent years of failure to meet school improvement targets, the department of education shall from within existing resources of the department, designate a technical assistance team to develop turn-around strategies for each under-performing school.� The turn-around strategy shall at a minimum, target curriculum, instruction, program content and school organization including the structure of the school day and year, and shall be implemented in the school year immediately following the school year for which the second and subsequent failure occurs.� The technical assistance team shall also assist the school and the appropriate school district in implementing turn-around strategies and programs and if necessary, shall impose criteria on district allocation of resources necessary to fully implement turn-around strategies and programs within that school.� The department shall report, annually on or before December 1, to members of the joint education interim committee and the joint appropriations interim committee on the technical assistance provided under this paragraph, together with rationale for selecting the imposed turn-around strategies and the evidence supporting the strategies.� Any criteria on district resource allocation imposed under this paragraph shall also be included in the annual report;

 

(iii)� In addition to paragraph (ii) 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).

 

(g)� Commencing with school year 2013-2014, and each school year thereafter, the school district for any school meeting the computed school improvement targets computed under subsection (e) of this section shall continue to receive a foundation program guarantee amount under W.S. 21-13-309(p) for that school without expenditure restrictions and interference imposed at the state level.

 

(h)� 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.

 

ARTICLE 3 - STATE BOARD OF EDUCATION

 

21-2-301.� Appointment; qualifications, terms and removal of members; meetings; chairman.

 

(a)� There is created a state board of education composed of twelve (12) voting 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. The remaining voting member of the board shall be the state superintendent of public instruction.� 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.� 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 six (6) 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 and the term expires on or after January 1, 1996, 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.

 

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.

 

21-2-303.� Expenses.

 

All appointed members of the state board shall receive travel expenses, per diem and mileage expense in the same manner as employees of the state.

 

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 vocational 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 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 and shall describe required performance levels in order to achieve proficiency of the common core of knowledge and common core of skills prescribed under W.S. 21-9-101(b). 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; 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)� Establish, in consultation with local school districts, requirements for students to earn a high school diploma as measured by each district's body of evidence assessment system prescribed by rule and regulation of the state board and required under W.S. 21-3-110(a)(xxiv). A high school diploma shall provide for one (1) of the following endorsements which shall be stated on the transcript of each student:

 

(A)� Advanced endorsement which requires a student to demonstrate advanced performance in a majority of the areas of the common core of knowledge and skills specified under W.S. 21-9-101(b) and proficient performance in the remaining areas of the specified common core of knowledge and skills, as defined by the uniform student content and performance standards promulgated by the state board pursuant to paragraph (a)(iii) of this section;

 

(B)� Comprehensive endorsement which requires a student to demonstrate proficient performance in all areas of the common core of knowledge and skills specified under W.S. 21-9-101(b) as defined by the uniform student content and performance standards promulgated by the state board pursuant to paragraph (a)(iii) of this section;

 

(C)� General endorsement which requires a student to demonstrate proficient performance in a majority of the areas of the common core of knowledge and skills specified under W.S. 21-9-101(b) as defined by the uniform student content and performance standards promulgated by the state board pursuant to paragraph (a)(iii) of this section.

 

(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 core 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)� Be administered at appropriate levels at specified grades and at appropriate intervals aligned to the standards, specifically assessing student performance in reading, writing and mathematics at grades four (4), eight (8) and eleven (11), and effective school year 2005-2006, and each school year thereafter, assessing student performance in reading, writing and mathematics at grades three (3) through eight (8) and at grade eleven (11).� In addition and commencing school year 2007-2008 and each school year thereafter, the statewide assessment system shall assess student performance in science not less than once within each grade band for grades three (3) through five (5), grades six (6) through eight (8) and grades ten (10) through twelve (12).� The structure and design of the assessment system shall allow for the comprehensive measurement of student performance through assessments that are administered each school year simultaneously on a statewide basis and through assessments administered periodically over the course of the school year which are designed to provide a more comprehensive and in-depth measurement of subject areas aligned to the state content and performance standards.� The assessment system may also measure the other common core of knowledge and skills established under W.S. 21-9-101(b) which can be quantified;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(B)� Be administered at appropriate levels at specified grades and at appropriate intervals aligned to the standards, specifically assessing student performance in reading and mathematics at grades four (4), eight (8) and eleven (11), and effective school year 2005-2006, and each school year thereafter, assessing student performance in reading and mathematics at grades three (3) through eight (8) and at grade eleven (11).� In addition and commencing school year 2007-2008 and each school year thereafter, the statewide assessment system shall assess student performance in science not less than once within each grade band for grades three (3) through five (5), grades six (6) through eight (8) and grades ten (10) through twelve (12).� The structure and design of the assessment system shall allow for the comprehensive measurement of student performance through assessments that are administered each school year simultaneously on a statewide basis;

 

(C)� In addition to subparagraph (a)(v)(B) of this section, measure student performance in Wyoming on a comparative basis with student performance nationally;

 

(D)� Measure year-to-year changes in student performance and progress in the subjects specified under subparagraph (a)(v)(B) of this section, link student performance and progress to teachers of record and compare and evaluate student achievement during the process of student advancement through grade levels.� The assessment system shall ensure the integrity of student performance measurements used at each grade level to enable valid year-to-year comparisons and shall be sufficient to capture necessary data to enable application of measures of core indicators as required under W.S. 21-2-204;

 

(E)� Include multiple measures and item types including grade appropriate multiple choice and open-ended testing such as constructed-response, extended-response and performance-based tasks, to ensure alignment to the statewide student content and performance standards;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(E)� Include multiple measures and item types including grade appropriate multiple choice to ensure alignment to the statewide student content and performance standards;

 

(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 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. Assessment results shall be used in conjunction with a school district's annual assessment 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 intervention and technical assistance to districts in developing school turn-around plans in response to student performance target indicators 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.

 

(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. In addition and for purposes of complying with requirements under the federal No Child Left Behind Act of 2001, the board shall by rule and regulation provide for annual accountability determinations based upon adequate yearly progress measures imposed by federal law for all schools and school districts imposing a range of educational consequences resulting from accountability determinations;

 

(A)� Repealed By Laws 2011, Ch. 184, � 3.

 

(B) �Repealed By Laws 2011, Ch. 184, � 3.

 

(C)� Repealed By Laws 2011, Ch. 184, � 3.

 

(D)� Repealed By Laws 2011, Ch. 184, � 3.

 

(E)� Repealed By Laws 2011, Ch. 184, � 3.

 

(vii)� Effective school year 2012-2013, through benchmark adaptive assessments administered by school districts as a component of the district assessment system under W.S. 21-3-110(a)(xxiv), establish statewide standards for the assessment of student growth in mathematics and reading for all students in grades kindergarten through grade eight (8), to be separate from but correlated with the statewide assessment and accountability system established under paragraphs (a)(v) and (vi) of this section.� The standards shall include:

 

(A)� A benchmark testing system administered uniformly statewide by school districts, covering curriculum standards established by board rule and regulation, to be administered subject to board prescribed procedures;

 

(B)� Prescribed growth by subject area and by grade level;

 

(C)� Processes and procedures for aligning benchmark assessment results with assessment results obtained under the statewide assessment administered under paragraph (a)(v) of this section, using school year 2011-2012 as the initial year for basing growth measurements;

 

(D)� Use of assessment results to design educational strategies for improvement and enhancement of student performance through district school improvement plans assembled in accordance with subparagraph (a)(v)(H) of this section.

 

(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 pupil-teacher contact time defined by the state board;

 

(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 development, assessment and approval of school district teacher performance evaluation systems.� Rules and regulations adopted under this paragraph shall allow each district flexibility in developing an evaluation system which meets the individual needs of the district;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(xv)� Promulgate rules and regulations for the development, assessment and approval of annual school district teacher performance evaluation systems based in part upon defined student academic growth measures as prescribed by law and upon longitudinal data systems linking student achievement with teachers of record, clearly prescribing standards for satisfactory and unsatisfactory performance.� Rules and regulations adopted under this paragraph shall to the extent student achievement measures are not compromised, provide district ability to include a portion of an evaluation system designed to address the individual needs of the district.� The performance evaluation system shall also include reasonable opportunity for district provision of mentoring and other professional development activities made available to teachers performing unsatisfactorily, which are designed to improve instruction and student achievement;

 

(xvi)� 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 five (5) 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, and 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 review and evaluation 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.�

 

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.

 

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.

 

21-2-307.� State board of vocational education; duties.

 

(a)� The state board of education acts as the state board of vocational 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 vocational education.

 

(b)� In addition to other duties assigned under W.S. 21-2-304, the state board shall review career-vocational 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).

 

ARTICLE 4 - PRIVATE SCHOOL LICENSING

 

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.

 

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.

 

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.

 

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.

 

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.

 

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; or

 

(iv)� A nondegree granting school teaching techniques of outdoor recreation, leadership, ecology or conservation domiciled in the state of Wyoming.

 

(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.

 

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.

 

ARTICLE 5 - EDUCATION OF CHILDREN WITH DISABILITIES

 

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.

 

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.

 

ARTICLE 6 - FEDERAL AID

 

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.

 

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.

 

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.

 

ARTICLE 7 - SERVICES TO PRESCHOOL CHILDREN WITH DISABILITIES

 

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.

 

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.

 

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.

 

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 September 15 and who are receiving services from a school district shall be the responsibility of that school district.

 

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 December 1 of the preceding school year;

 

(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 December 1 of the preceding school year;

 

(v)� 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.

 

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 developmental preschool services on November 1 of the year in which the budget request is being prepared by eight thousand five hundred three dollars ($8,503.00) 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 three hundred sixty-three dollars ($363.00) 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 2010 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.

 

ARTICLE 8 - WYOMING PROFESSIONAL TEACHING STANDARDS BOARD

 

21-2-801.� Creation of board; appointment and composition; terms; vacancies; expense reimbursement.

 

 

(a)� The Wyoming professional teaching standards board is created to consist of thirteen (13) members appointed by the state superintendent 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 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 be paid per diem and travel expenses while attending board meetings at the same rate allowed by law for state employees. The board shall meet not less than once every three (3) months.

 

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 Arapahoe and Shoshoni language 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.

 

(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 or suspend certification for incompetency, conviction of a felony committed after July l, l996, immorality and other reprehensible conduct or gross neglect of duty, upon its own motion or upon the petition of any local board of trustees. Except as provided in subsection (h) 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)� 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 and may annul a certificate for misrepresentation by an applicant of his criminal history. 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.

 

CHAPTER 3 - SCHOOL DISTRICTS IN GENERAL

 

ARTICLE 1 - IN GENERAL

 

21-3-101.� School districts bodies corporate.

 

Each school district now or hereafter legally organized within this state shall be a body corporate.

 

21-3-102.� Elementary school districts.

 

Every school district in the state offering an educational program in grades kindergarten through eight (8) only is hereby declared to be an elementary school district.� The name of an elementary school district shall be in form as follows: "Elementary School District No. ...., in the County of ...., and State of Wyoming."�

 

21-3-103.� High school districts.

 

Every school district in the state offering an educational program in grades nine (9) through twelve (12) only is hereby declared to be a high school district. The name of a high school district shall be in form as follows: ".... .... High School District, State of Wyoming."

 

21-3-104.� Unified school districts.

 

Every school district in the state offering an educational program in grades kindergarten through twelve (12) is hereby declared to be a unified school district.� The name of a unified school district shall be in form as follows: ".... County School District Number ...., State of Wyoming."

 

21-3-105.� Board of trustees to be governing body; quorum; majority vote.

 

The board of trustees of a school district shall be the governing body of the school district.� A majority of the number of members of the board of trustees shall constitute a quorum for the transaction of business at any meeting of the board of trustees.� No action of the board of trustees shall be valid unless such action shall receive the approval of a majority of the members elected to the board of trustees.

 

21-3-106.� Oath of trustees.

 

The trustees of each school district shall, within ten (10) days after receiving notification of their election or appointment and before assuming the duties of their offices, appear before some person qualified to administer oaths and take an oath for the faithful performance of their duties as required by law.

 

21-3-107.� Trustees to serve without compensation; mileage.

 

The members of the boards of trustees of each school district shall serve without compensation; provided, that the members may receive mileage to and from board meetings at a rate not to exceed the maximum allowed by law for state employees.

 

21-3-108.� Filling vacancy on board of trustees.

 

A vacancy occurring for any cause upon the board of trustees of any school district shall be filled within thirty (30) days by action of the remaining members of the board.� A person chosen to fill a vacancy shall serve until the next election of school district trustees.� An election shall then be held to fill the unexpired term.

 

21-3-109.� When vacancy on board deemed to have occurred.

 

 

(a)� A vacancy shall have occurred in the membership of any board of trustees of any school district if any member:

 

(i)� Dies;

 

(ii)� Resigns;

 

(iii)� Becomes a nonresident of the school district; or

 

(iv)� Becomes a nonresident of the trustee residence area from which elected in those districts subdivided into trustee residence areas.

 

21-3-110.� Duties of boards of trustees.

 

(a)� The board of trustees in each school district shall:

 

(i)� Prescribe and enforce rules, regulations and policies for its own government and for the government of the schools under its jurisdiction. Rules and regulations shall be consistent with the laws of the state and rules and regulations of the state board and the state superintendent and shall be open to public inspection;

 

(ii)� Keep minutes of all meetings at which official action is taken and a record of all official acts including a record of all warrants issued against the monies belonging to the school district.� The minutes and records shall be public records.� A list of each warrant over five hundred dollars ($500.00) shall be published one (1) time in a legal newspaper of general circulation within the respective county within thirty (30) days of the date of the meeting. Individual yearly gross salary payments need be published only once in March of each year:

 

(A)� Each individual annual gross salary shall be identified by category and each individual salary shall be published as a gross dollar amount without identification other than by category.� Categories shall include superintendent, assistant superintendent, high school principal, assistant high school principal, junior high principal, junior high assistant principals, elementary principals, elementary assistant principals, first grade teachers, second grade teachers, third grade teachers, fourth grade teachers, fifth grade teachers, sixth grade teachers, kindergarten teachers, high school departmental teachers (business, language arts, foreign languages, science, social studies, mathematics, or other), vocal music, instrumental music, elementary music, secondary art, elementary art, secondary physical education, elementary physical education, vocational education, secondary guidance counselors, secondary librarians, elementary librarians, driver education, special education teachers, remedial teachers, nurses, teacher's aides, head coaches, assistant coaches, dramatics, secondary secretarial, junior high secretarial, elementary secretarial, business managers, janitorial, bus drivers, and other categories which may be selected so that every individual salary may be categorized.� Each category shall show a cumulative subtotal and there shall be a grand total of all categories.� At the end of the salary publication there shall be printed the district salary schedule;

 

(B)� Forms shall be furnished to the school districts by the state department of education for such publications which shall be the same in all unified districts.

 

(iii)� Elect from its membership at the first regular meeting after December 1 of each year, a chairman, a vice-chairman, a clerk and a treasurer;

 

(iv)� Fix the time and place of regular meetings; provided, that there shall be at least one (1) meeting per month.� Any meeting which is not a regular meeting shall be a special meeting;

 

(v)� Submit reports concerning finances or any other matter as the state board, state superintendent or state law may require;

 

(vi)� Estimate the amount of funds required to be raised for public school purposes through a tax levy upon the property lying within the district and in accordance with the Uniform Municipal Fiscal Procedures Act present to the board of county commissioners of each county included in whole or in part within the district a certified copy of the budget as finally adopted with a certified estimate of the tax required to raise the appropriate amount.� This tax shall be levied, collected and distributed as prescribed by law;

 

(vii)� Control and disburse all moneys received from any source to maintain the schools within the district;

 

(viii)� Obtain competitive bids when any school building is to be built, when any repairs, additions or improvements costing more than ten thousand dollars ($10,000.00) and less than twenty-five thousand dollars ($25,000.00) are to be made to any school building, facility or other district property, or when any purchase of insurance, supplies or materials other than textbooks costing more than ten thousand dollars ($10,000.00) and less than twenty-five thousand dollars ($25,000.00) is contemplated unless precluded by other regulation or statute. If the amount exceeds twenty-five thousand dollars ($25,000.00), a call for bids shall be published at least once in a newspaper of general circulation in the district. The district shall reserve the right to reject any and all bids and to waive irregularities and informalities in the bidding. No contract shall be divided for the purpose of avoiding this paragraph. Items for which bids must be obtained may be described in the published call for bids by stating general requirements and making detailed specifications available to prospective bidders at the district's administrative headquarters;

 

(ix)� Require the treasurer of the board of trustees and the school district superintendent to give such bond in such penalty and with such sureties as the board may direct, conditioned upon the faithful application of all moneys and property which may come into his hands by virtue of his office.� The bond shall not exceed one and one fourth of the amount of all school moneys handled by such officer in any one (1) year.� Such bonds after being approved by the board and by an attorney selected by the board as to form and execution shall be filed with the county treasurer and no disbursements shall be made until such bonds shall have been approved and filed as required by this section.� In case of breach of conditions of such bonds, suit shall be brought thereon by the board for the benefit of the district;

 

(x)� Subject to review by the school facilities department under W.S. 21-15-115 for any project involving state capital construction assistance, fix the site of each school building and facility considering the needs of the people of each portion of the district.� If the district enters into an agreement to lease buildings and facilities owned by the district and the buildings and facilities are included within the statewide database maintained by the school facilities department under W.S. 21-15-123(f)(iv), the district shall, except as provided under W.S. 21-15-109(c)(i)(A)(II) and (III) and (B), ensure the lease agreement requires sufficient payment from the lessee to cover expenses necessary to adequately maintain the facility or building in accordance with statewide adequacy standards prescribed by the commission.� If the district enters into an agreement to lease buildings and facilities under which the district is the lessee and the building is to be used for the provision of the required educational program within the district, the lease agreement shall require the lessor to adequately maintain the buildings and facilities in accordance with standards prescribed by the commission. The district shall be reimbursed for the lease payment if the square footage of the leased facility is not included within the district's total square footage for purposes of major maintenance computations under W.S. 21-15-109, subject to the following:

 

(A)� If the lease payment is for educational facilities used in the actual operation of a charter school, the school facilities department shall pay the district the contract amount approved by the department for the lease payment by the charter school if:

 

(I)� The charter is approved by the district under W.S. 21-3-301 through 21-3-314;

 

(II)� The department determines no adequate educational facilities exist within the district for operation of the charter school;

 

(III)� The charter school has been approved and has successfully operated for a period of not less than three (3) years; and

 

(IV)� The district pays the charter school the amount of the reimbursement received under this subparagraph.

 

(B)� If the lease payment is for facilities leased to the district by a state institution which meets state adequacy standards prescribed by rule and regulation of the commission, the amount of the lease reimbursement paid by the school facilities department shall not include the amount received by the institution from the state for major building and facility repair and replacement costs attributable to the facility, as computed by the construction management section within the general services division of the department of administration and information.

 

(xi)� Adopt and use an official seal when required to authenticate official acts;

 

(xii)� Cause the United States and Wyoming flags to be properly displayed in, upon, or around school buildings within the district;

 

(xiii)� Consider every petition presented to the board and subscribed by at least five (5) citizens of the school district and take some action on such petition within thirty (30) days after it is received; provided, that no action shall be required if the precise question presented by the petition has been considered and acted upon by the board of trustees at any meeting held within the current fiscal year;

 

(xiv)� Require an accounting of all receipts and expenditures to be made by each organization, function, or other group sponsored by, or functioning in any way within the schools of the district, such accounting to be made by each such organization, function, or group at least once each year and a copy thereof posted in each school building connected with such organization, function, or group;

 

(xv)� Provide an educational program within the schools under its jurisdiction in compliance with uniform state standards prescribed under W.S. 21-9-101 and 21-9-102 and by rule and regulation of the state board;

 

(xvi)(A)� Publish the following notice in a newspaper of general circulation in the school district at least two (2) times each year, once within a week after the first regular meeting in December and once as a part of the statement of revenue and expenditures of the district:

 

Notice of School Board Meetings and Availability of Minutes

 

Notice is hereby given that regular meetings of the board of trustees of .... County School District Number ...., State of Wyoming, are held each month, at .... o'clock on .... (here insert days or dates) in Room .... of the .... school building in .... (city or town), Wyoming, and such meetings are open to the public.

 

Notice is also given that official minutes of each regular or special meeting of such board, including a record of all official acts and of all warrants issued, are available for inspection by any citizen during regular office hours at the office of the clerk of said district, at .... (here insert address of office).

 

...........................

 

Chairman, Board of Trustees

 

............. County School

 

District, Number ..........

 

(B)� If the board changes the time and place of its regular meetings, then such notice shall also be published in a newspaper of general circulation in the school district, once before such change shall become effective;

 

(C)� All meetings of the board are subject to W.S. 16-4-401 through 16-4-408.

 

(xvii)� Require the performance of each initial contract teacher to be evaluated in writing at least twice annually.� The teacher shall receive a copy of each evaluation of his performance;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(xvii)� Require the performance of each initial contract teacher to be evaluated in writing at least twice annually based in part upon student achievement measures as prescribed by rule and regulation of the state board under W.S. 21-2-304(b)(xv).� The teacher shall receive a copy of each evaluation of his performance;

 

(xviii)� Establish a teacher performance evaluation system and require the performance of each continuing contract teacher to be evaluated in writing at least once each year.� The teacher shall receive a copy of each evaluation of his performance;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(xviii)� Establish a teacher performance evaluation system and require the performance of each continuing contract teacher to be evaluated in writing at least once each year based in part upon student achievement measures as prescribed by rule and regulation of the state board under W.S. 21-2-304(b)(xv).� The teacher shall receive a copy of each evaluation of his performance;

 

(xix)� Performance evaluations required shall serve as a basis for improvement of instruction, enhancement of curriculum program implementation, measurement of both individual teacher performance and professional growth and development and the performance level of all teachers within the school district, and as documentation for unsatisfactory performance for dismissal and termination proceedings;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(xix)� Based upon student achievement measures established by the state board of education under W.S. 21-2-304(b)(xv), performance evaluations shall serve as a basis for improvement of instruction, enhancement of curriculum program implementation, measurement of both individual teacher performance and professional growth and development and the performance level of all teachers within the school district, and as documentation for unsatisfactory performance for dismissal, suspension and termination proceedings under W.S. 21-7-110;

 

(xx)� Establish and maintain kindergartens in connection with the public schools of the district with at least one (1) full-day kindergarten program available within the district;

 

(xxi)� Report to the state department of education the actual average class size and range of class sizes for grades kindergarten through five (5) and for reading or English and language arts and mathematics classes for grades six (6) through twelve (12). These reports shall be publicly available;

 

(xxii)� In accordance with guidelines established by the state superintendent under W.S. 21-2-202(a)(xxii), implement standards for the storage and disposal of toxic chemicals and other hazardous substances used by schools within the district for educational programs;

 

(xxiii)� Implement and administer the reading screening program for students in kindergarten through grade three (3) as required by W.S. 21-3-401;

 

(xxiv)� Establish a student assessment system to measure student performance relative to the uniform student content and performance standards in all content areas for which the state board has promulgated standards pursuant to W.S. 21-2-304(a)(iii). To the extent required by W.S. 21-2-204 and 21-2-304(a)(vii), the district assessment system shall be integrated with the statewide assessment system and the statewide accountability system. Components of the district assessment system required by this paragraph shall include the following:

 

(A)� Until school year 2012-2013 and to the extent not covered under subparagraph (B) of this paragraph, a body of evidence assessment system designed and used to determine the various levels of student performance as described in the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21-9-101(b); and

 

(B)� In accordance with W.S. 21-2-304(a)(vii), a standardized benchmark assessment designed to measure student progress during the school year using a statewide adaptive standard of assessment set by the state board of education, administered not less than two (2) times during each school year in accordance with prescribed time periods and procedures established by the state board.� Assessment scores shall be reported to the department of education at times and in a manner prescribed by state board rule and regulation, and shall include appropriate linkages to teachers and schools within the district.

 

(xxv)� At minimum, provide the three (3) endorsements on high school transcripts specified under W.S. 21-2-304(a)(iv) and may provide additional endorsements;

 

(xxvi)� Provide access to district records and other information by the department of audit as necessary to conduct audits and studies under W.S. 9-1-513 and otherwise cooperate with the department of audit when conducting audits and studies of the district pursuant to W.S. 9-1-513. The board shall also submit a written response to the department of audit on each audit and report conducted on the district in accordance with W.S. 9-1-513;

 

(xxvii)� Cooperate with the school facilities department in developing facility plans for the district addressing district-wide building and facility needs in accordance with W.S. 21-15-116 and rule and regulation of the school facilities commission;

 

(xxviii)� Annually report to the state superintendent on district expenditures for career-vocational education programs, broken down by school, and submitted in a manner and form required by rule and regulation of the state superintendent;

 

(xxix)� Beginning in the spring semester 2007, and each spring semester thereafter, administer a program where all students enrolled in the eleventh grade in the district shall be required to take, on a date specified by the state superintendent, either a standardized, curriculum based, achievement college entrance examination or a jobs skills assessment test in accordance with W.S. 21-2-202(a)(xxx).� Each school district shall provide the opportunity for all home school and private school students in the eleventh grade and residing within the district to take either the examination or the jobs skills assessment test one (1) time at no cost to the student on the same date the examination and test are administered to all eleventh grade public school students in the state.� The results of the examination or jobs skills assessment test taken shall be included in each student's transcript;

 

(xxx)� In addition to paragraphs (xvii), (xviii) and (xix), require the performance of each school principal to be evaluated by the district superintendent in accordance with the statewide education accountability system established under W.S. 21-2-204.� In accordance with rules and regulations of the state board, the district board shall also provide the state board written reports verifying principal performance and providing performance scores necessary for continued employment;

 

(xxxi)� Not later than December 31, 2011, adopt a policy and training procedures regarding the use of seclusion and restraint in schools.� In addition to any requirements provided by rule and regulation of the state superintendent pursuant to W.S. 21-2-202(a)(xxxii), the policy shall require that the parent or legal guardian of the student shall be notified each time that seclusion or restraint is utilized for the student. The policy shall prohibit the use of locked seclusion.� The policy shall not be limited to any specified group of students and shall apply any time that seclusion or restraint is used for any student.� The district shall submit a copy of the policy to the state superintendent for review as provided in W.S. 21-2-202(a)(xxxii) after the initial adoption of the policy and any time thereafter that the policy is substantially revised. As used in this paragraph:

 

(A)� "Restraint" means the use of physical force, with or without the use of any physical device or material, to restrict the free movement of all or a portion of a student's body.� "Restraint" does not include comforting or calming a student, holding the hand or arm of a student to escort the student if the student is complying, intervening in a fight or using an assistive or protective device prescribed by an appropriately trained professional or professional team;

 

(B)� "Seclusion" means removing a student from a classroom or other school activity and isolating the student in a separate area.� "Seclusion" does not include a student requested break or in-school suspension, detention or other appropriate disciplinary measure.

 

(xxxii)� Commencing school year 2011-2012, adopt protocols to address risks associated with concussions and other head injuries resulting from athletic injuries.� The protocols shall:

 

(A)� Include training of coaches and athletic trainers to facilitate the recognition of symptoms of concussions;

 

(B)� Address restrictions concerning participation in school athletic events after suffering a concussion or head injury;

 

(C)� Include means for providing to students and parents information on head injuries and concussions and related restrictions on participation in athletic activities.

 

(b)� On or before April 15 of each school year, each school district superintendent shall provide a report to the board of trustees identifying all teachers within the district whose performance, through evaluations conducted under paragraphs (a)(xvii) through (xix) of this section, has been determined inadequate or unsatisfactory for that school year.� The report shall include a summary of mentoring and other professional development activities made available to the identified teachers to improve instruction and student achievement.� Not later than June 1 of each school year, the board shall file a report with the department of education certifying compliance with this subsection.

 

NOTE: This section becomes effective 7/1/2012.

 

21-3-111.� Powers of boards of trustees.

 

(a)� The board of trustees in each school district within the state may:

 

(i)� Sue and be sued in the name by which the district is designated;

 

(ii)� Acquire, hold, convey, lease, rent, and manage property, real and personal, for the benefit of the school district in the name by which the district is designated, either alone or jointly with another public or private agency, institution, person, or corporation. This includes capital leasing under W.S. 21-15-112;

 

(iii)� Enter into agreements with any public or private agency, institution, person, or corporation for the performance of acts or furnishing of services or facilities by or for the school district;

 

(iv)� Employ legal counsel and bear the cost of litigation;

 

(v)� Accept or reject any federal or other gift, grant, bequest, or devise;

 

(vi)� Employ and determine the salaries and duties of:

 

(A)� A superintendent of schools who shall be the chief administrative officer of the district;

 

(B)� Principals who shall assume the administrative responsibility and instructional leadership of any schools to which they are assigned in accordance with policies adopted by the board of trustees, provided that in the event a superintendent of schools shall request recommendations from a principal concerning the suspension, dismissal, assignment, transfer or termination of any teacher employed in the school to which the principal is assigned, such recommendation shall be given only after periodic evaluation of the teacher's classroom performance;

 

(C)� Teachers who shall provide the expertise in their areas of instruction;

 

(D)� Other certified professional employees; and

 

(E)� Other personnel.

 

(vii)� Discharge any employee subject to the provisions of any applicable law governing the procedure for terminating the employment of school district employees;

 

(viii)� Insure against loss of property;

 

(ix)� Repealed By Laws 1997 Special Session, ch. 3, � 502.

 

(x)� Become members of county, state, and national school board associations and pay dues to such associations.� A board of trustees may at its discretion pay necessary travel expenses and per diem of members and personnel attending meetings of such associations at a rate not to exceed that paid state employees;

 

(xi)� Provide for the operation of school lunch programs in schools under its jurisdiction;

 

(xii)� Require any officer or employee whose duty it is to handle funds or property of the district, including activity accounts, to be bonded under a suitable individual or blanket bond indemnifying the district against loss.� The board shall determine the amount and type of the bond;

 

(xiii)� Acquire for the school district, by condemnation, the fee simple title to any real estate situated within the district as a site for any public school buildings or school grounds or for any other necessary or beneficial school purpose, or any lesser interest, including easements and rights-of-way, when necessary in the proper maintenance and operation of the school system;

 

(xiv)� Subject to W.S. 21-6-217(b), convey, with or without consideration, title to real property which is not being used and will not be used by the district to the state or its political subdivisions for public use;

 

(xv)� Convey or otherwise divest, with or without consideration, title to personal property which is not being used and will not be used by the district to the extent not prohibited by Article 16, Section 6, Wyoming Constitution;

 

(xvi)� Define "unexcused absence" and "habitual truancy" for all students who are attending public schools and who have met compulsory attendance requirements, and establish rules and regulations regarding their attendance. For purposes of this paragraph, students participating in the annual state fair held under W.S. 11-10-101 as an exhibitor shall be considered as participating in a district cocurricular activity program and shall be defined by the board as an excused absence;

 

(xvii)� Establish a school bus driver training program in accordance with W.S. 21-3-131(a);

 

(xviii)� Establish and maintain a program of adult education;

 

(xix)� Develop policies and pest control methods including emergency policies, to minimize risk to students and employees, school property and the environment;

 

(xx)� Enter into school building construction and renovation project agreements with the school facilities commission as authorized under W.S. 21-15-114(a)(viii).

 

(b)� Not later than January 1, 1998, the board of trustees of each school district that has established trustee residence areas before that date shall:

 

(i)� Establish by resolution that all trustees shall be elected at-large from the entire district; or

 

(ii)� Establish by resolution a structure for electing members to the board through trustee residence areas with not less than two (2) members of the board elected at-large from the entire district. If the board establishes trustee residence areas under this paragraph, one (1) or more members shall be elected from each area.� The boundaries of the trustee residence areas shall be established so that the total deviation in the population between the areas with the greatest and least population shall not, to the extent practicable, exceed ten percent (10%).� Data from the last federal census shall be used in determining population within an area for the purpose of implementing this paragraph.� The resolution shall include a process for implementing this change so that all elected trustees may serve their full term but that any vacancy shall be filled so as to implement the change as soon as practicable.

 

(c)� Not later than January 1 of any year in which a general election will be held, the board of trustees of any school district may elect to adopt a resolution under paragraph (b)(i) of this section to have all trustees elected at-large. A board of trustees for a district in which all members are elected at-large may adopt a resolution to establish trustee residence areas under paragraph (b)(ii) of this section only as of January 1 of the first year which follows a decennial federal census and in which a general election will be held.

 

21-3-112.� Fiscal year.

 

The fiscal year for each school district in the state shall begin July 1 and terminate the following year on June 30.

 

21-3-113.� Signing of warrants and checks.

 

 

(a)� All warrants or other orders to pay money drawn on the school district treasury, and all checks on a depository, shall bear the signature of the clerk or treasurer and the chairman of the board of trustees.� The signatures may be reproduced as provided in W.S. 16-2-101 through 16-2-103.

 

(b)� All warrants or other orders to pay money drawn on activity or special funds shall be signed and administered in the manner provided in subsection (a) above, and in accordance with the written policy of the board of trustees. Activity or special funds shall be subject to supervision and examination by the director of the state department of audit.

 

21-3-114.� Chairman of board of trustees.

 

The chairman of the board of trustees of each school district shall preside at all meetings of the board of trustees at which he is present.

 

21-3-115.� Vice-chairman and temporary chairman of board of trustees.

 

The vice-chairman shall preside at all meetings of the board of trustees at which the chairman is not present.� If neither the chairman nor the vice-chairman is present at any meeting of the board of trustees, the members who are present shall elect a temporary chairman for the purposes of the meeting.

 

21-3-116.� Vacancy in office of board.

 

If a vacancy in any office of the board of trustees shall occur for any reason the board of trustees shall elect one of their number to fill the vacancy.

 

21-3-117.� Duties of clerk of school district.

 

(a)� The clerk of each school district within the state shall:

 

(i)� Within thirty (30) working days after the close of each fiscal year, submit all fiscal reports to the state superintendent of public instruction for the past fiscal year. The reports shall contain information required by the state superintendent. A copy of the reports shall also be filed with the county clerk of each county in which the school district is located;

 

(ii)� Cause to be filed copies of all reports made to the state superintendent and all papers transmitted to him by school officers or other persons pertaining to the business of the district.� After two (2) years have elapsed from the date of filing, microfilm copies may be treated as originals;

 

(iii)� Cause a certificate to be endorsed upon every bond or evidence of debt, issued pursuant to law, that the same is within the lawful debt limit of such school district and is issued according to law;

 

(iv)� Record all proceedings of the board in books to be kept for that purpose.

 

21-3-118.� Duties of treasurer of school district.

 

 

(a)� The treasurer of each school district within the state shall:

 

(i)� Have custody of all moneys belonging to the district and pay out the same on order of the clerk, countersigned by the chairman;

 

(ii)� Cause an account to be kept of the receipts and expenditures of the district;

 

(iii)� Render a statement of the finances of the district at any time when required by the district board of trustees; and cause a detailed report showing the sources of revenue and the purposes for which moneys were expended to be published at the close of each fiscal year in some newspaper of general circulation within the school district.

 

21-3-119.� How special meetings of board of trustees called.

 

The clerk of the board of trustees of each school district shall call a special meeting of the board of trustees upon the request of the chairman of the board of trustees or the request of any two (2) members of the board of trustees.

 

21-3-120.� Notice of special or emergency meetings.

 

 

(a)� The clerk of the board of trustees of each school district shall cause notice of each special or emergency meeting of the board of trustees to be given in accordance with W.S. 16-4-404.

 

(b)� The notice shall contain the purpose, time and place of the meeting, and a statement that the official minutes of such meeting will be available for inspection by any citizen at the office of the clerk of said district.

 

21-3-121.� Members of board of trustees to deliver records to successors.

 

At the close of their official terms, the officers of the board of trustees of each school district shall deliver to their successors all books, documents, papers, and records belonging to their offices.

 

21-3-122.� Members of board of trustees may administer oaths.

 

Each member of the board of trustees of each school district may administer oaths within his respective school district in all matters pertaining to official school district business.

 

21-3-123.� Repealed by Laws 1979, ch. 83, � 2.

 

 

21-3-124.� Failure to perform duty by officer or member of board of trustees.

 

Any member or officer of a board of trustees of a school district who willfully fails, refuses, or neglects to perform any duty imposed upon him by the provisions of this code shall be guilty of a misdemeanor, and shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment in the county jail for a period of not more than thirty (30) days or by both such fine and imprisonment.

 

21-3-125.� Application of Municipal Budget Act.

 

The Uniform Municipal Fiscal Procedures Act applies to every school district within the state.

 

21-3-126.� Liability insurance on vehicles.

 

The board of trustees of any school district in the state of Wyoming or the owner of any vehicle contracted to the school district under the statutes of this state is hereby required to procure liability insurance covering any vehicle used for the transportation of school children or used in the operation of the school district.� When private vehicles are contracted to the school district, the contract shall not be fully executed until the owner of the vehicle has filed with the school district the required insurance policy.� The defense of governmental immunity is expressly waived in any action to the extent of any insurance coverage of the district involving such an insured vehicle.

 

21-3-127.� Accident insurance for pupils; fund in lieu of such insurance.

 

The board of trustees of any school district may arrange to make accident insurance for medical, hospital, injury, or death benefits available to any or all pupils.� The cost of such insurance may be paid from the funds of the district, or by the parent or guardian of the pupil, or on a proportionate basis between the district and the parent or guardian of the pupil.� In lieu of such insurance, the board of trustees of such a district either separately or in conjunction with other boards of trustees of one or more such districts of the state may establish and maintain a fund sufficient to defray the medical, hospital, or other expenses resulting from injuries suffered by such pupils.� This section shall not be construed as creating or tending to create a liability of the school district so insuring its pupils; nor shall the failure to procure such accident insurance as is authorized by this section be construed as creating any liability of the school district.

 

21-3-128.� Protection or insurance of board members, teachers and other personnel against personal liability.

 

The board of trustees of each school district within the state may save harmless and protect all board members, teachers, and other personnel from financial loss arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental bodily injury or death to any person within or without the school building; provided, such board member, teacher, or other personnel at the time of the accident was acting in the discharge of his duties within the scope of his employment.� Each board of trustees may procure appropriate policies of insurance to maintain this protection, or it may elect in its discretion to act as a self-insurer.� This section shall not be construed as creating or tending to create a liability of the school district so protecting or insuring board members, teachers, or other personnel, nor shall the failure to procure such insurance as is authorized by this section be construed as creating any liability of the school district.

 

21-3-129.� Comprehensive liability insurance; waiver of governmental immunity.

 

(a)� The board of trustees of each school district within the state may procure a policy or policies of comprehensive liability insurance as provided in W.S. 1-39-118(b), self-insure as provided in W.S. 1-39-118(c)(i) or join with other school districts as provided in W.S. 1-39-118(c)(ii).

 

(b)� Repealed By Laws 2008, Ch. 50, � 2.

 

(c)� Repealed By Laws 2008, Ch. 50, � 2.

 

21-3-130.� From whom insurance obtained.

 

No school district shall obtain, sponsor, arrange, or handle insurance of any kind except from the companies which maintain an office in this state and are authorized to do business in Wyoming subject to the supervision of the state insurance commissioner.

 

21-3-131.� School bus standards; operators; vehicle operation; liability limited.

 

(a)� Each district shall establish and maintain minimum standards for persons involved in the operation of school buses, including:

 

(i)� Developing a written plan for the selection, training and supervision of persons whose duties involve the transporting of pupils;

 

(ii)� Requiring each applicant for a position which duties involve the transporting of pupils to complete and submit an application form that includes a personal and occupational history;

 

(iii)� Completing a check of the successful applicant's driving record;

 

(iv)� Ensuring the successful applicant has on file with the district a copy of the medical examiner's certificate required by the United States department of transportation, federal motor carrier safety regulations, 49 C.F.R. Part 391.41;

 

(v)� Requiring annual training consisting of not less than six (6) hours for persons whose duties involve the operation of school buses.

 

(b)� Each district shall establish and maintain minimum standards for the operation of school buses, including:

 

(i)� All school buses shall undergo a safety inspection not less than two (2) times each school year, with one (1) inspection conducted by a person not employed by the school district.� A copy of the inspection reports shall be filed with the local school district;

 

(ii)� School bus operators shall perform a daily pre-trip inspection of their vehicles and report promptly any defect or deficiency discovered that may affect the safety of the vehicle's operation or result in its mechanical breakdown.� Documentation of the inspections shall be submitted weekly and retained on file with the school district for a period of one (1) year;

 

(iii)� Operators of school buses equipped with lap belts shall wear a properly secured lap belt at all times the vehicle is in motion;

 

(iv)� Passengers in type A school buses equipped with factory installed lap belts shall wear a properly secured lap belt at all times the vehicle is in motion;

 

(v)� At least twice during each school year the driver of each school bus shall hold an emergency evacuation drill.� Proper documentation for each drill shall be maintained on file with the school district;

 

(vi)� School bus routing and seating plans shall be coordinated to eliminate standing passengers or exceeding the manufacturer's rating capacity for the school bus;

 

(vii)� School buses shall operate with lighted headlamps at all times the vehicle is in motion;

 

(viii)� The service door of the school bus shall remain closed at all times the vehicle is in motion;

 

(ix)� Any accident involving a school bus which is required to be reported under W.S. 31-5-1106 shall also be reported to the state department of education on forms approved by the department.

 

(c)� Evidence of a person's failure to wear a lap or seat belt on a school bus if required under state or federal law or the failure of a school bus driver to require a passenger to wear a lap or seat belt as required under W.S. 31-5-1402(a), shall not be admissible in any civil action or for the purposes of W.S. 31-5-1402(a).

 

ARTICLE 2 - CHARTER SCHOOLS

 

21-3-201.� Repealed By Laws 2001, Ch. 207, � 3.

 

 

21-3-202.� Repealed By Laws 2001, Ch. 207, � 3.

 

 

21-3-203.� Repealed By Laws 2001, Ch. 207, � 3.

 

 

21-3-204.� Repealed By Laws 2001, Ch. 207, � 3.

 

 

21-3-205.� Repealed By Laws 2001, Ch. 207, � 3.

 

 

21-3-206.� Repealed By Laws 2001, Ch. 207, � 3.

 

21-3-207.� Repealed By Laws 2001, Ch. 207, � 3.

 

ARTICLE 3 - CHARTER SCHOOLS

 

21-3-301.� Purpose.

 

(a)� It is the purpose of this article to provide opportunities for teachers, parents, pupils and community members to establish and maintain schools that operate independently from the existing school district structure as a method to:

 

(i)� Improve pupil learning;

 

(ii)� Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences;

 

(iii)� Encourage the use of different and innovative teaching methods;

 

(iv)� Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and

 

(v)� Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.

 

21-3-302.� Definitions.

 

(a)� As used in this article:

 

(i)� "A charter school within a school" means a charter school operating within a facility or portion of a facility currently operated by the district as a public school or operated as an adjunct to a public school or schools with students attending both the charter school and the public school;

 

(ii)� "A converted charter school" means a charter school converted from an existing public school operating within the district;

 

(iii)� "District board" means the board of trustees of a school district elected as the governing body of the school district;

 

(iv)� "New charter school" means a charter school established within the district which is located in a facility or a portion of a facility which is not currently being operated by the district as a public school;

 

(v)� "School district" means each school district now or hereafter legally organized as a body corporate pursuant to W.S. 21-3-101, et seq.;

 

(vi)� "State board" means the state board of education appointed pursuant to W.S. 21-2-301.

 

21-3-303.� Charter school prohibitions.

 

(a)� This article shall not prohibit any private person or organization from funding or providing other assistance for the establishment or operation of a charter school established pursuant to this article when the district board determines the funding or assistance is compatible with the mission of the district.

 

(b)� No charter shall be granted under this article if it is determined that its sole purpose is to avoid consolidation or closure of any school or district.� For purposes of this subsection, consolidation or closure applies regardless of grade configuration, building location or school or district name.

 

(c)� No charter application shall be considered from any person, group or organization proposing to convert a private school or a nonpublic home-based educational program into a charter school.

 

(d)� No charter school shall enter into a contract with an independent management company without the prior written consent of the district board. The school district shall be a third party beneficiary to any management contract approved by the district board.

 

(e)� For applications filed on and after July 1, 2007, a charter application shall not be considered from any person, group or organization that has previously filed a charter application within a twelve (12) month period and the application was subsequently denied.� Computation of the twelve (12) month period under this subsection shall begin on the date the denied application was filed with the district board.

 

21-3-304.� Charter school; requirements; authority.

 

(a)� A charter school shall be a public, nonsectarian, nonreligious, nonhome-based school which operates within a public school district. Tuition shall not be charged by a charter school.

 

(b)� A charter school shall be a public school within the school district that grants its charter and shall be accountable to the district board for purposes of ensuring compliance with applicable laws and charter provisions and the requirements of the state constitution.

 

(c)� A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application.� Enrollment decisions shall not discriminate against at-risk students or special program students.

 

(d)� A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the school district. A charter school may organize as a nonprofit corporation pursuant to the Wyoming Nonprofit Corporation Act, which shall not affect its status as a public school for any purposes under Wyoming law.

 

(e)� A charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the school district unless the district board expressly assumes such obligations in writing.

 

(f)� Notwithstanding the provisions of this article to the contrary, a charter school and the school district may agree to extend the length of the charter beyond five (5) years for the purpose of enhancing the terms of any lease or financial obligation.

 

(g)� Pursuant to contract, a charter school may operate free from specified school district policies and state regulations. Pursuant to contract, a school district may waive locally imposed school district requirements, without seeking approval of the state board. The state board may waive state statutory requirements or rules promulgated by the state board, except that the state board shall not waive any statute or rule relating to the assessments or standards required to be administered. Upon request of the charter applicant, the state board shall provide summaries of such regulations and policies to use in preparing a charter school application. The department of education shall prepare the summary of state regulations within existing appropriations. Any waiver of state or local school district regulations made pursuant to this subsection shall be for the term of the charter for which the waiver is made, except that a waiver of state statutes or regulations by the state board shall be subject to review every two (2) years and may be revoked if the waiver is deemed no longer necessary by the state board.

 

(h)� A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services and personnel matters.

 

(j)� A charter school may negotiate and contract with a school district, the governing body of a state college or university, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity or undertaking that the charter school is required to perform in order to carry out the educational program described in its charter. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this subsection.

 

(k)� A charter school shall not be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the improvement, modification, operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the district board.

 

(m)� A charter school shall be authorized to offer any educational program that may be offered by a school district unless expressly prohibited by its charter or by state law.

 

(n)� All decisions regarding the planning, siting and inspection of charter school facilities shall be made in accordance with law and as specified by contract with the district board.

 

(o)� The school district shall be the owner of all records of the charter school, including student, staff and public affairs records of charter school operations.� Upon closure of the charter school, all charter school records shall be promptly delivered to the school district.

 

(p)� Admission to a charter school shall not be determined solely on academic abilities or achievements, including minimum test scores or intelligence quotient scores.

 

21-3-305.� Charter schools; contract contents; regulations.

 

(a)� An approved charter application shall serve as the basis for a contract between the charter school and the school district.

 

(b)� The contract between the charter school and the school district shall reflect all agreements regarding the release of the charter school from school district policies.

 

(c)� The contract between the charter school and the school district shall reflect all approved requests for release of the charter school from state statutes and regulations. Within ten (10) days after the contract is approved by the school district, any request for release from state statutes and regulations shall be delivered by the school district to the state board. Within forty-five (45) days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the school district and the charter school of its decision. If the state board denies the request, it shall notify the school district and the charter school in writing that the request is denied and specify the reasons for denial. If the school district and the charter school do not receive notice of the state board's decision within forty-five (45) days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or regulations, the denial shall specify the state statutes and regulations for which the release is denied, and the denial shall apply only to those state statutes and regulations so specified.

 

(d)� A material revision of the terms of the contract shall be made only with the approval of the school district and the governing body of the charter school.

 

(e)� The contract between the charter school and the school district shall provide that upon closure of the charter school any charter school assets purchased with public funds shall become the property of the school district.

 

21-3-306.� Application for establishing charter schools; conversion of existing schools.

 

(a)� Any person may apply to the district board for the establishment of a new charter school or a charter school within a school to be located within the school district.

 

(b)� Administrators and teachers employed by the district, parents of students enrolled in the district and any special district advisory group comprised of district residents may apply to the district board to convert an existing public school operating within the school district to a charter school. An application filed under this subsection shall demonstrate the support of not less than fifty percent (50%) of the teachers employed by the school who teach at the school proposed to be converted, and the parents of fifty percent (50%) of all students attending the school proposed to be converted.

 

(c)� Instead of establishing a new charter school or a converted charter school under this section, a district board and a charter school applicant may by mutual agreement establish a charter school within a school. A charter school operated under this subsection is a separate school and shall have the rights and obligations provided under this article for new and converted charter schools. The agreement between the school board and the charter school may provide that faculty and staff at the charter school may work in both the charter school established under this subsection and other district schools. If district students attend both the charter school established under this subsection and another district school, the students shall be counted for each school in proportion to the percentage of their time spent in each school.

 

21-3-307.� Charter application; contents; phased-in application process.

 

(a)� The charter school application shall be a proposed agreement, shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include:

 

(i)� A description of the educational program of the school, designed to identify those whom the school is attempting to educate, what it means to be an educated person in the twenty-first century and how learning best occurs.� The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent and lifelong learners;

 

(ii)� The measurable pupil outcomes identified for use by the charter school. "Pupil outcomes" for purposes of this paragraph means the extent to which all pupils of the school demonstrate they have attained the skills and knowledge specified as goals in the school's educational program. "Pupil outcomes" shall include state assessments and standards;

 

(iii)� The method by which pupil progress in meeting those pupil outcomes is to be measured;

 

(iv)� The governance structure of the school, including but not limited to the process to be followed by the school to ensure parental, teacher and community involvement;

 

(v)� The qualifications to be met by individuals to be employed by the school;

 

(vi)� The procedure that the school will follow to ensure the health and safety of pupils and staff;

 

(vii)� Admission requirements, if applicable;

 

(viii)� The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by the school district, is to be conducted;

 

(ix)� The procedure by which pupils can be suspended or expelled;

 

(x)� In accordance with this article, the manner by which staff members of the charter schools will be covered under the Wyoming retirement system and federal social security;

 

(xi)� A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school and of any rights upon returning to the school district after employment at a charter school;

 

(xii)� Minimum enrollment requirements;

 

(xiii)� Evidence that an adequate number of parents, teachers, pupils or any combination thereof support the formation of a charter school;

 

(xiv)� Evidence that the plan for the charter school is economically sound for both the charter school and the school district;

 

(xv)� A proposed budget for the term of the charter;

 

(xvi)� A plan for the displacement of pupils, teachers and other employees who will not attend or be employed in the charter school;

 

(xvii)� An explanation of the relationship that will exist between the proposed charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any;

 

(xviii)� The employment policies of the proposed charter school;

 

(xix)� An agreement between the parties regarding their respective legal liability and applicable insurance coverage;

 

(xx)� A description of how the charter school plans to meet the transportation needs of its pupils and whether the charter school plans to provide transportation for pupils;

 

(xxi)� In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school; and

 

(xxii)� A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation.

 

(b)� Upon submission of an application under W.S. 21-3-307(a), the superintendent of the school district shall notify the applicant within thirty (30) days of submission whether the application is complete. If the district superintendent determines that the application is incomplete, the superintendent shall advise the applicant of the reasons for the determination in sufficient detail for the applicant to make changes for resubmission of the application to the district superintendent.

 

(c)� The district superintendent's determination that an application is complete shall not prevent the district superintendent from making subsequent recommendations to, or from opposing the application before, the school board.

 

(d)� The state superintendent shall through rule and regulation prescribe a uniform charter school application and renewal application form to be used by each district and charter school applicant for purposes of this article, and shall establish charter school application review procedures, including timelines for application components specified under subsection (a) of this section. The phased application process prescribed by state superintendent rule and regulation may provide a process for mediation of disputes concerning completeness of an application between the applicant and school district, which would be subject to W.S. 1-43-101 through 1-43-104, would allow either party to initiate mediation and would impose costs of mediation equally upon both parties.� Any mediation process prescribed by rule shall specify professional requirements for the impartial third party facilitating mediation. If either party refuses to mediate, the dispute may be appealed to the state board as provided in W.S. 21-3-310.

 

21-3-308.� Hearing by local board; prohibited actions by local board; criteria; compliance with state standards; state board review; contractual authority.

 

(a)� Not later than thirty (30) days after receiving an application for any charter school which has been determined to be complete pursuant to W.S. 21-3-307(b), the district board shall hold a public hearing on the application, at which time the board shall consider the level of community and parental support for the application if an application for a new charter school, or the level of teacher and parental support if an application for a converted charter school or charter school within a school. Following review of the application and the public hearing, if applicable, and in accordance with subsection (d) of this section, the district board shall either approve or deny the application within sixty (60) days of receipt. Approval under this article may be conditioned for purposes specified under subsection (c) of this section. In addition, the board may approve an application for the operation of a converted charter school only if it determines teacher and parental support for the conversion are established at the levels required by W.S. 21-3-306(b). Prior to approving an application for a charter school under this section, the board shall approve and adopt the content and terms of the contract as provided in W.S. 21-3-307.

 

(b)� No district board of trustees or agent of the board shall require any employee of the school district to be employed in a charter school or any pupil enrolled in the school district to attend a charter school. No district board or its agent shall harass, threaten, discipline, discharge, retaliate or in any manner discriminate against any district employee involved directly or indirectly with an application to establish a charter school as authorized under this article.

 

(c)� The district board shall require the applicant to provide information regarding the proposed operation and potential effects of the school, including but not limited to the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided and a demonstration that the school is adequately insured for liability, including errors and omissions coverage, and that the school district is indemnified to the fullest extent possible. As authorized under subsection (a) of this section, the applicant may request the district board and the board may approve the charter application subject to specified conditions which provide the applicant sufficient time to acquire necessary funding for securing or otherwise finalizing arrangements for facilities or equipment necessary for the operation of the proposed school. In addition, the district board may upon request of the applicant and approval of the charter school application, make available for use by the charter school any district facility which is closed, not operational and otherwise feasible for use as an educational building as defined under W.S. 21-15-109(a)(ii).

 

(d)� Upon the approval of any application by the district board, the applicant shall provide written notice of that approval including a copy of the application to the state superintendent. If the district board denies the application, the board shall not later than forty-five (45) days following the date of its decision, notify the applicant of the denial in writing together with its reasons for denial.

 

(e)� A charter school may contract for the provision of services and property subject to the following:

 

(i)� The contract shall be executed in the same manner and subject to the same restrictions as contracts by the school district;

 

(ii)� The charter school shall be subject to all competitive bidding laws which apply to the school district;

 

(iii)� The contract shall not exceed funds available to the charter school;

 

(iv)� The contract shall not exceed the remaining length of operation for which the charter school was approved pursuant to W.S. 21-3-309;

 

(v)� With the consent of the school district, the charter school may delegate the authority to negotiate the contract or execute the contract, or both, to the school district.

 

(f)� A school district shall not discriminate against a charter school in publicizing the district's educational options through advertising, direct mail, availability of mailing lists or other informational activities.

 

(g)� Charter schools shall meet the state uniform educational program standards imposed upon public schools by W.S. 21-9-101 and 21-9-102 and the uniform state student content and performance standards prescribed by the state board of education under W.S. 21-2-304, including compliance with requirements under the statewide assessment system pursuant to W.S. 21-2-304(a)(v).

 

(h)� Those teachers employed on a full-time basis in the charter school system shall be subject to the same requirements with respect to certification by the Wyoming professional teaching standards board under W.S. 21-2-802 and other qualifications as any other teachers authorized to teach in Wyoming public schools.

 

21-3-309.� Length of operation under charter; renewal; revocation.

 

(a)� A charter may be granted pursuant to this article for a period not to exceed five (5) years and may be renewed for successive periods not to exceed five (5) years for each renewal period. A material revision of the provisions of a charter petition may be made only with the approval of the local board granting the charter.

 

(b)� A charter school renewal application submitted to the school district shall be on a form prescribed by the state superintendent pursuant to W.S. 21-3-307(d) and shall contain:

 

(i)� A report on the progress of the charter school in achieving the goals, objectives, pupil performance standards, content standards and other terms of the initial approved charter application; and

 

(ii)� A financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public and that will allow comparison of such costs to other schools or other comparable organizations, in a format required by the state board.

 

(c)� A charter may be revoked or not renewed by the district board if the board determines that the charter school did any of the following:

 

(i)� Committed a material violation of any of the conditions, standards or procedures set forth in the charter application;

 

(ii)� Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter application;

 

(iii)� Failed to meet generally accepted standards of fiscal management; or

 

(iv)� Violated any provision of law from which the charter school was not specifically exempted.

 

(d)� A charter shall not be renewed upon a determination by the district board that it is not in the interest of the pupils residing within the school district to continue the operation of the charter school.

 

(e)� If a district board revokes or does not renew a charter, the board shall state its reasons for the revocation or nonrenewal.

 

(f)� A decision to revoke or not to renew a charter may be appealed pursuant to the provisions of W.S. 21-3-310.

 

21-3-310.� Appeal; standard of review; procedures.

 

(a)� A charter applicant or any other person who wishes to appeal a decision of a district board concerning a charter school shall provide the state board and the district board with a notice of appeal within forty-five (45) days after receiving the local board's written decision and reasons for denial.� If the appeal is of a denial, nonrenewal, or revocation of a charter, the person bringing the appeal shall limit the grounds of the appeal to the grounds for denial specified by the district board. The notice shall include a brief statement of the reasons the charter school applicant contends the district board's denial was in error.

 

(b)� If the notice of appeal, or the motion to review by the state board, relates to a district board's decision to deny, refuse to renew, or revoke a charter or to a district board's unilateral imposition of conditions that are unacceptable to the charter school or the charter applicant, the appeal and review process shall be as follows:

 

(i)� Within sixty (60) days after receipt of the notice of appeal or the making of a motion to review by the state board and after reasonable public notice, the state board, at a public hearing which shall be held in the school district in which the proposed charter school has applied for a charter, shall review the decision of the district board and make its findings. If the state board finds that the local board's decision was contrary to the best interests of the pupils, school district or community, the state board shall remand such decision to the district board with written instructions for reconsideration thereof. The instructions shall include specific recommendations concerning the matters requiring reconsideration;

 

(ii)� Within thirty (30) days following the remand of a decision to the district board and after reasonable public notice, the district board, at a public hearing, shall reconsider its decision and make a final decision;

 

(iii)� If the district board's final decision is still to deny, refuse to renew or revoke a charter or to unilaterally impose conditions unacceptable to the charter school or the charter applicant, a second notice of appeal may be filed with the state board within thirty (30) days following such final decision;

 

(iv)� Within thirty (30) days following receipt of the second notice of appeal or the making of a motion for a second review by the state board and after reasonable public notice, the state board, at a public hearing, shall determine whether the final decision of the district board was contrary to the best interests of the pupils, school district or community. If such a finding is made, the state board shall remand the final decision to the local board with instructions to approve the charter application. The decision of the state board may require changes to the contract to be executed by the charter school and the school district.

 

21-3-311.� Compliance with charter; participation in retirement system.

 

(a)� A charter school approved pursuant to this article shall comply with the provisions set forth in its charter petition.

 

(b)� Any charter school shall participate in the Wyoming retirement system to the extent as if it were a public school within the district.

 

21-3-312.� District board to report to state board.

 

Each district board granting a charter pursuant to this article shall annually report to the state board on each charter school operating within the district, compliance with the provisions of the charter and shall assure the state board that students attending the charter school are receiving an education consistent with the educational opportunities available to all students within the school district.

 

21-3-313.� Charter schools; employee options.

 

(a)� During the first year that a teacher employed by a school district is employed by a charter school, the teacher shall� be considered to be on a one (1) year leave of absence from the school district. The leave of absence shall commence on the first day of services for the charter school. Upon the request of the teacher, the one (1) year leave of absence shall be renewed for up to two (2) additional one (1) year periods upon the mutual agreement of the teacher and the school district. At the end of three (3) years, the relationship between the teacher and the school district shall be determined by the school district and the district shall provide notice to the teacher of the relationship.

 

(b)� The employment status of school district employees employed by the charter school who seek to return to employment with noncharter schools in the school district shall be negotiated and included in the charter contract.

 

21-3-314.� Students counted among district ADM; determination of charter school funding.

 

(a)� Each student attending a charter school shall be counted among the average daily membership of the school district in which the school is located and the school shall be included in the district's configuration of schools reported to the state superintendent under W.S. 21-13-309(m)(iv). Average daily membership of the charter school shall be calculated as follows:

 

(i)� Notwithstanding W.S. 21-13-309(m)(iv)(A), in the first year of operation, the average daily membership for the charter school shall be based on the following:

 

(A)� Initial average daily membership shall be calculated based upon the March 1 list of students who intend to enroll in the charter school as required under subsection (b) of this section;

 

(B)� The average daily membership of the charter school computed under subparagraph (i)(A) of this subsection shall be adjusted by the enrollment count taken on October 1 of the first year of operation;

 

(C)� If the charter is initiated under W.S. 21-3-306 by any person other than the school district in which the charter is operating, the average daily membership computed under subparagraphs (i)(A) and (B) of this subsection shall be multiplied by two (2).

 

(ii)� In the second year and all subsequent years and except as otherwise provided under paragraph (iv) of this subsection, the average daily membership of the charter school shall be counted only among the average daily membership of the school district;

 

(iii)� For purposes of W.S. 21-13-309(m)(iv)(A), and upon charter school operation for three (3) consecutive school years, charter school average daily membership computed under paragraph (i) of this subsection shall, if the charter is subject to subparagraph (i)(C) of this subsection, be divided by two (2) prior to computing the school's ADM averaged over the three (3) immediately preceding school years;

 

(iv)� Notwithstanding W.S. 21-13-309(m)(iv)(A), in the second and third year of charter school operation, the average daily membership of a charter school shall be based upon the prior school year average daily membership adjusted by the enrollment count taken on October 1 of the applicable school year.

 

(b)� Any approved charter school shall provide the local school district with the names, grades and school of current enrollment for all students who plan to enroll in the proposed charter school. The information shall be provided no later than March 1 of the school year preceding the school year in which the charter school plans to begin operation.

 

(c)� As part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school. The charter school and the school district shall begin discussions on the contract using the following revenue assumptions:

 

(i)� The charter school shall be entitled to the benefit of one hundred percent (100%) of the foundation program amount computed under W.S. 21-13-309(m) based upon the average daily membership of the charter school, less any district level amounts generated by the charter school's membership under W.S. 21-13-309(m) and less amounts specified under W.S. 21-13-309(m)(v)(E).

 

(A)� Repealed By Laws 2006, Chapter 37, � 2.

 

(B)� Repealed By Laws 2006, Chapter 37, � 2.

 

(ii)� The charter school shall be entitled to the benefit of one hundred percent (100%) of the amount to be contributed to the school district under major maintenance payments pursuant to W.S. 21-15-109 based upon the proportion that the charter school educational building gross square footage contributes to the district educational building gross square footage.

 

(d)� The charter school may also contract with the school district for centralized services provided by the district including curriculum, media services, libraries and federally required educational services such as special education.

 

(e)� In lieu of paragraph (a)(iv) and subsections (c) and (d) of this section, the district and the charter school applicant may by mutual agreement fund the charter school through a specific budget for the charter school.

 

ARTICLE 4 - READING ASSESSMENT AND INTERVENTION

 

21-3-401.� Reading assessment and intervention.

 

(a)� Each school district shall design and implement a reading screening program that measures student reading progress in kindergarten through grade three (3).� The screening program shall include a reading assessment plan using screening instruments approved by the department of education, which is administered to all students in kindergarten through grade three (3), with standardized measures providing statewide longitudinal data and providing the capability for monitoring and measuring reading progress.� The program shall also include a plan for implementation of research based core curricula aligned to the statewide educational program standards and evidenced based interventions to meet the needs of all students.

 

(b)� Students not showing appropriate reading competence under this section shall be placed on an individualized reading plan to remedy the reading related difficulty utilizing an appropriate evidence based intervention program, which may include a group reading plan. For students under an individualized education program (IEP) which addresses reading difficulties, the IEP shall be deemed sufficient to meet the requirements of this subsection and no additional plan shall be required.

 

(c)� Each district shall annually report to the department of education on the progress of each of its schools toward reaching the goal of eighty-five percent (85%) of all students reading at grade level upon completion of the third grade. The report shall include longitudinal data on all students in kindergarten through grade three (3), and shall include the percentage of students meeting or exceeding proficiency levels for the reporting period.� Each school not meeting the eighty-five percent (85%) goal specified under this subsection shall submit an improvement plan to the department. At a minimum, the improvement plan shall outline the district's general strategy for increasing reading proficiency for the next school year and shall specifically address the student-teacher ratio, the use of certified tutors and the use of instructional facilitators in kindergarten through grade three (3) in all schools within the district.

 

ARTICLE 5 - DRIVER'S EDUCATION PROGRAMS

 

21-3-501.� Driver's education programs.

 

(a)� Subject to subsection (b) of this section, any school district providing instruction in grades nine (9) through twelve (12) for driver's education shall upon application to the department of transportation through the department of education in accordance with subsection (c) of this section, be reimbursed an amount equal to one hundred percent (100%) of the amount actually expended by the district during the immediately preceding school year for driver's education programs relating to alcohol-impaired driving.� Reimbursement under this section shall be paid by the department of transportation to the qualifying district on or before October 15 of any school year.

 

(b)� Reimbursement to school districts under this section shall be limited by the amount of federal or state funds made available for this program for any school year.

 

(c)� Application under subsection (a) of this section shall be in a manner and form prescribed by department of transportation rule and regulation, shall include driver's education program expenditures for the applicable reporting period and shall be submitted to the department of education not later than September 1 of the appropriate school year.� Expenditures qualifying for reimbursement under this section shall be subject to guidelines and standards established by department of transportation rule and regulation.

 

(d)� The school finance section of the department of audit established under W.S. 9-1-513 shall conduct periodic audits of the information submitted within applications filed under this section and shall include the resulting audit findings within the department's annual report to the legislature required by W.S. 9-1-513(b)(viii).

 

(e)� The department of education in consultation with the department of transportation shall provide by rule and regulation standards for driver education programs in high schools, private schools as defined in W.S. 21-4-101(a)(iii), community colleges, boards of cooperative educational services, community education programs and drivers' education schools.� The department of transportation in consultation with the department of education shall adopt procedures by rule and regulation to implement the provisions of W.S. 31-7-108(a).

 

(f)� The department shall designate and may employ a state coordinator of driver education programs to provide oversight of all driver education programs throughout the state. The responsibilities of the coordinator shall include, but not be limited to:

 

(i)� Assuring quality driver education programs in this state;

 

(ii)� Serving as a liaison between the department of education and the department of transportation;

 

(iii)� Promoting driver safety throughout the state; and

 

(iv)� Reviewing and approving driver education programs in accordance with the rules and regulations issued by the departments of education and transportation.

 

(g)� No driver education program identified in subsection (e) of this section shall issue a certificate for purposes of W.S. 31-7-108(a) unless the school's program has first been reviewed and issued a certificate of approval by the state coordinator of driver education.� Certificates of approval shall be issued only upon written application of the school, and shall be issued for such periods and in such manner as provided in rules and regulations of the department of education.

 

CHAPTER 4 - PUPILS

 

ARTICLE 1 - COMPULSORY ATTENDANCE

 

21-4-101.� Definitions.

 

(a)� For the purposes of this article:

 

(i)� "Unexcused absence" means the absence, as defined in the policies of the local board of trustees, of any child required by this article to attend school when such absence is not excused to the satisfaction of the board of trustees by the parent, guardian, or other person having control of such child;

 

(ii)� "Habitual truant" means any child with five (5) or more unexcused absences in any one (1) school year;

 

(iii)� "Private school" is any nonpublic, elementary or secondary school providing a basic academic educational program for children and may include parochial and church or religious schools and home-based educational programs;

 

(iv)� "Parochial, church or religious school" is one operated under the auspices or control of a local church or religious congregation or a denomination established to promote and promulgate the commonly held religious doctrines of the group though it may also include basic academic subjects in its curriculum. Nothing contained in W.S. 21-4-102(b), 21-2-401 or 21-2-406 grants to the state of Wyoming or any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestions as to the control, management or supervision of any parochial, church or religious school which meets the requirements of W.S. 21-2-406(a);

 

(v)� A home-based educational program means a program of educational instruction provided to a child by the child's parent or legal guardian or by a person designated by the parent or legal guardian.� An instructional program provided to more than one (1) family unit does not constitute a home-based educational program;

 

(vi)� "Basic academic educational program" is one that provides a sequentially progressive curriculum of fundamental instruction in reading, writing, mathematics, civics, history, literature and science.� These curriculum requirements do not require any private school or home-based educational program to include in its curriculum any concept, topic or practice in conflict with its religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with its religious doctrines.

 

21-4-102.� When attendance required; exemptions; withdrawal.

 

(a)� Every parent, guardian or other person having control or charge of any child who is a resident of this state and whose seventh birthday falls on or before September 15 of any year and who has not yet attained his sixteenth birthday or completed the tenth grade shall be required to send such child to, and such child shall be required to attend, a public or private school each year, during the entire time that the public schools shall be in session in the district in which the pupil resides; provided, that the board of trustees of each school district may exempt any child from the operation of this article when:

 

(i)� The board believes that compulsory attendance in school would be detrimental to the mental or physical health of such child or the other children in the school; provided, the board may designate at the expense of the district a medical doctor of its choice to guide it and support it in its decision;

 

(ii)� The board feels that compulsory school attendance might work undue hardship.� The board may conduct a hearing on issues pursuant to this paragraph by executive session; or

 

(iii)� The child has been legally excluded from the regular schools pursuant to the provisions of W.S. 21-4-306.

 

(b)� A home-based educational program shall meet the requirements of a basic academic educational program pursuant to W.S. 21-4-101(a)(vi).� It shall be the responsibility of every person administering a home-based educational program to submit a curriculum to the local board of trustees each year showing that the program complies with the requirements of this subsection.� Failure to submit a curriculum showing compliance is prima facie evidence that the home-based educational program does not meet the requirements of this article.

 

(c)� In addition to subsection (a) of this section, the parent, guardian or other person having control or charge of any child under the age of eighteen (18), who has not otherwise notified the district of enrolling that child in a different school district or in a private school or home-based educational program, shall meet in person with a school district counselor or administrator to provide the school district with written consent to the withdrawal of that child from school attendance.

 

21-4-103. �Enforcement of article; appointment and compensation of attendance officers.

 

The primary responsibility for the enforcement of this article shall be upon the board of trustees of the school district, which shall appoint an attendance officer or officers to carry out the provisions of this article.� Said officer shall be paid out of the district treasury such sum as may be provided in the order of appointment.

 

21-4-104.� Duties of attendance officers.

 

(a)� Subject to the policy of the board of trustees, it shall be the duty of each attendance officer to:

 

(i)� Counsel with students, parents, guardians or custodians and teachers; and to investigate the causes of unexcused absences;

 

(ii)� Give written notice to the parent, guardian, or custodian of any child having an unexcused absence that the attendance of such child at school is required by law.� If after such notice has been given, the child has a second unexcused absence, which the attendance officer reasonably believes was due to the willful neglect or failure of the parent, guardian, or custodian of the child, then he shall make and file a complaint against such parent, guardian, or custodian of such child before the district court for the violation of W.S. 21-4-102.

 

21-4-105.� Penalty for failure of parent, guardian or custodian to comply with article.

 

Any parent, guardian or custodian of any child to whom this article applies who willfully fails, neglects, or refuses to comply with the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or by imprisonment in the county jail not more than ten (10) days or by both such fine and imprisonment.

 

21-4-106.� List of children of school age to be furnished; notice of unexcused absences.

 

At the beginning of each school year, the board of trustees shall furnish each district attendance officer a list of the names of the children of compulsory school age within the district who are enumerated on the regular enumeration lists.� The person in charge of each school within the district shall notify each district attendance officer promptly in writing of all cases of unexcused absence so that the attendance officer may proceed according to the provisions of this article.

 

21-4-107.� Notice to district attorney of habitual truancy; duty of district attorney.

 

When the board of trustees of any school district shall determine that a child is an habitual truant as defined by this article the board or its attendance officer shall notify the district attorney who shall then initiate proceedings in the interest of the child under the Juvenile Court Act.

 

ARTICLE 2 - ENUMERATION

 

21-4-201.� Repealed by Laws 1979, ch. 75, � 2.

 

 

21-4-202.� Repealed by Laws 1979, ch. 75, � 2.

 

 

21-4-203.� Repealed by Laws 1979, ch. 75, � 2.

 

 

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.

 

 

ARTICLE 4 - ISOLATION

 

21-4-401.� Transportation or maintenance for isolated pupils.

 

(a)� The board of trustees of any school district within the state shall provide transportation or maintenance for isolated elementary, middle, junior high or high school pupils resident within the district, whenever it would be in the best interests of the affected children to provide transportation or maintenance than to establish a school to serve these pupils, and for those isolated pupils resident within the district who are attending a school in another district pursuant to W.S. 21-4-502.� Amounts paid under this section shall be subject to subsections (d) and (e) of this section and shall not exceed the actual costs incurred by parents or pupils.

 

(b)� The state superintendent shall adopt reasonable rules and regulations pertaining to residence requirements establishing eligibility under this section and for provision of tuition and transportation or maintenance. No person is eligible as an isolated pupil under this section unless the pupil's parents or legal guardians demonstrate to the local school board that the family's residing in the isolated location is necessary for the family's financial well being. The burden shall be on the parent or guardian to demonstrate that the family's residing in the isolated location is necessary for the family's financial well being.� The final decision as to eligibility shall be made by the district board of trustees.

 

(c)� The rights accorded under this section shall be enforceable by writ of mandamus, and in such event the district shall pay all costs and legal expenses of a petitioner successful in obtaining such writ.

 

(d)� To receive transportation payments under this section, the parent or legal guardian of any isolated pupil eligible under this section shall file a transportation reimbursement claim with the district on a form provided by the district specifying the total round trip miles traveled each day to and from the bus stop or the school, as applicable. The total round trip miles shall be multiplied by the applicable mileage rate prescribed under W.S. 9-3-103(a)(iii) to compute the daily mileage reimbursement amount. Where combined transportation is provided for two (2) or more isolated pupils being transported to the same school, only one (1) reimbursement shall be made. Payments to parents or guardians for transporting students to and from school shall be computed excluding the first two (2) miles traveled each way.� No payments shall be paid to a parent or guardian for transportation of students unless the pupil resides in an isolated location as specified under subsection (b) of this section.

 

(e)� Monthly maintenance payments may be paid under this section in lieu of transportation payments if the pupil resides at a location near the school rather than the isolated location. The amount paid shall be the lesser of the amount of maintenance payments claimed or the transportation payments that would have been payable under subsection (d) of this section. Monthly maintenance payments under this section shall reimburse the isolated student's parent or legal guardian for additional reasonable living expenses for only those months school is in session. A district shall be reimbursed for the full amount of isolation or maintenance payments it makes under this section. Reimbursement shall be made as if the district's total foundation program amount computed under W.S. 21-13-309(p) was increased by the amount of isolation or maintenance payments made during the preceding year.

 

21-4-402.� Instruction for hospitalized or homebound pupils.

 

 

(a)� The board of trustees of each school district shall offer homebound instruction for each pupil in the district who is hospitalized or homebound for more than one (1) week because of injury or illness.

 

(b)� The board shall also offer homebound instruction for each pupil in the district who is hospitalized or placed in a state accredited or state certified treatment facility for more than one (1) week in a hospital or facility located in another Wyoming school district because of injury or illness. The board shall either provide instruction directly or contract with the school district in which the pupil is hospitalized or placed in a facility to provide this instruction.� This subsection does not apply to pupils who are hospitalized or placed due to a mental, physical or psychological handicap and who are receiving educational services under W.S. 21-2-501.

 

ARTICLE 5 - TUITION

 

21-4-501.� Payment of tuition for children resident in districts which maintain no high school; admission of children to high schools in other districts; state board approval for out-of-state placements; duties of admitting districts; tuition amount.

 

(a)� Any district which does not maintain a high school shall pay tuition, in addition to transportation or maintenance, for any child resident therein who has successfully completed the course offered therein and desires to attend high school, at any public school within or subject to the approval of the state board of education, without the state, which the district board may designate in the best interest, welfare and convenience of the child. Application for attendance at a high school outside the state shall be filed by the nonunified district board with the state department of education. If the nonunified district provides evidence that the amount of tuition assessed by the out-of-state district for the out-of-state placement shall not exceed one hundred twenty-five percent (125%) of the actual per pupil cost as determined under subsection (c) of this section, state board approval shall be waived under this subsection.

 

(b)� The board of trustees of any school district within the state which maintains a high school shall admit, upon payment of tuition, pupils of districts which do not maintain a high school; provided that nothing in this section shall be construed to require a district to admit nonresident pupils, when to do so would overcrowd the facilities of the admitting district or in any way work a definite hardship upon the educational program offered by the admitting district. The admitting district shall:

 

(i)� Include any pupil admitted under this section among its average daily membership (ADM) for purposes of computing the foundation program under W.S. 21-13-309; and

 

(ii)� Account separately for the portion of the tuition received pursuant to this section which is related to school buildings and facilities, as determined by the district and reported to the state department, and deposit that portion in its debt service account. The remainder shall be reported as revenues for purposes of W.S. 21-13-310(a)(ix).

 

(c)� The amount of tuition assessed under this section shall be determined by dividing the total operating cost of the district for the previous year, plus the cost of bond redemption and interest for the previous year, by the total of the district's average daily membership for the previous year.

 

(d)� Subject to state board approval if an out-of-state placement as required under subsection (a) of this section, nonunified school districts shall be reimbursed from the school foundation program account for tuition paid under subsection (a) of this section as if the district's total foundation program amount for that year as computed under W.S. 21-13-309(p) was increased by the amount of the tuition paid during the preceding year.

 

(e)� Any out-of-state placement under subsection (a) of this section shall include within the agreement with the out-of-state school district, that district's agreement to provide student transcripts as required under W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-state school district to cooperate with the department of education to identify those courses provided by the out-of-state school district which satisfy the success curriculum requirements established under W.S. 21-16-1307.

 

21-4-502.� Attendance in another district when convenient or desirable; admission of pupils resident in other districts; attendance for ADM computations specified.

 

(a)� The board of trustees of every school district within the state may provide for the enrollment of any pupil resident therein in a school within another district if the pupil desires to attend the school and if attendance in such other district would be more convenient or is desirable because of services available in the other district. The district providing for the enrollment of the pupil in a school within another district shall not include the pupil within its average daily membership (ADM) for purposes of the foundation program under W.S. 21-13-309.

 

(b)� Any district within the state may admit pupils resident in other districts of the state unless the admission overcrowds the classrooms of the admitting district. No district within the state shall be required to admit a pupil who has been suspended or expelled by the board of trustees or designated disciplinarian of any other district located in or outside the state. The district admitting a pupil under this subsection shall not assess tuition payments upon the district wherein the pupil resides, but shall include the pupil within its average daily membership (ADM) for purposes of determining its foundation program amount under W.S. 21-13-309.

 

21-4-503.� Repealed By Laws 1999, ch. 110, � 103.

 

21-4-504.� Cost of maintaining pupil attending school outside district of residence.

 

A school district admitting a pupil from a nonunified school district in the state under W.S. 21-4-501 or providing for the enrollment of a pupil in a school within a school district in another state under W.S. 21-4-505 shall, in accordance with rules and regulations of the state department, be reimbursed from the school foundation program account for expenditures for maintaining that pupil in the admitting district for any length of time the pupil is required to reside in the admitting district.� Reimbursement under this subsection shall be subject to and reported in accordance with rule and regulation of the state department and shall be administered as if the district's total foundation program amount computed under W.S. 21-13-309(p) is increased by the amount of the expenditure for maintenance during the preceding year.

 

21-4-505.� Payment of tuition for pupil attending school in another state; admission of out-of-state pupils.

 

(a)� Whenever it shall appear to the board of trustees of any school district within the state that instruction for any pupil residing in the district can be more advantageously or economically furnished by a public school maintained by another state, the board of trustees of such Wyoming district may enter into an agreement for the instruction of such pupils at rates of tuition specified in the agreement. The Wyoming district shall be reimbursed for the full amount of tuition assessed by the out of state district from the school foundation program account administered as if the district's total foundation program amount computed under W.S. 21-13-309 for that year was increased by the amount of the tuition paid during the preceding year.� The district shall not include a pupil attending a school within an out of state school district within its average daily membership (ADM) for purposes of computing its foundation program amount under W.S. 21-13-309.

 

(b)� Any school district within the state may enter into agreements to admit pupils from out of state at the rate of tuition at least as high as the actual per pupil cost of the Wyoming district computed as provided in W.S. 21-4-501(c).� The admitting district shall:

 

(i)� If it requires payment of tuition at least as high as provided under W.S. 21-4-501(c), include the admitted out of state pupil within its average daily membership (ADM) for purposes of computing its foundation program amount under W.S. 21-13-309; and

 

(ii)� Account separately for the portion of the tuition received pursuant to this subsection which is related to school buildings and facilities, as determined by the district and reported to the state department, and deposit that portion in its debt service account. The remainder shall be reported as revenues for purposes of W.S. 21-13-310(a)(ix).

 

(c)� Any out-of-state placement under subsection (a) of this section shall include within the agreement with the out-of-state school district, that district's agreement to provide student transcripts as required under W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-state school district to cooperate with the department of education to identify those courses provided by the out-of-state school district which satisfy the success curriculum requirements established under W.S. 21-16-1307.

 

21-4-506.� Participation in activities by students not enrolled in the district; limitation on fees.

 

(a)� Any school age child who is a resident of a school district, who is not under suspension or expulsion by a Wyoming school district and who is not enrolled as a full-time student in the district in which he resides, shall be permitted by the district to participate in any activities which are sanctioned by the Wyoming high school activities association and which are offered by the district subject to the following:

 

(i)� The district may require the student to pay any fees for participation which are required by the Wyoming high school activities association;

 

(ii)� The district may charge that student an additional fee for participating, but that fee shall be no more than any fee for participating charged to full-time students of the district.� The district shall not require that student to pay tuition or to pay any other fees or charges as a condition of participation;

 

(iii)� As a condition of participation, the student shall be required to comply with all other rules and policies of the district or any school activities association applicable to all students participating in the activity and not related to the assessment of fees or charges.

 

ARTICLE 6 - EDUCATION PROGRAMS ON THE WIND RIVER INDIAN RESERVATION

 

21-4-601.� Education programs on the Wind River Indian Reservation.

 

(a)� The legislature finds that, through education programs provided by the Eastern Shoshone and the Northern Arapaho Indian Tribes to school age Indian children residing on the Wind River Indian Reservation, the state can address conditions of unemployment, poverty and lack of adequate job skills which exist on the reservation.� Maintenance of these education programs unique to Indian students is of mutual benefit to the tribes and the state, reducing future financial needs of those students as tribal members and as Wyoming residents for public education, job services, substance abuse services and income supplements.

 

(b)� Subject to amounts appropriated by the legislature, the state superintendent of public instruction shall enter into negotiations with the individual or joint business councils of the Eastern Shoshone and Northern Arapaho Indian Tribes to determine the appropriate contractual arrangements for the provision of education programs and services addressing Indian students at risk of failure in school and other programs and services essential to the success and welfare of these students as specified under subsection (a) of this section.� Contractual arrangements entered into under this subsection shall include a requirement that the expenditure of contractual amounts, as verified annually in writing, is for programs tied to improvement of student performance on the statewide assessment. For purposes of this section, the state superintendent shall include an amount within his biennial budget request which is computed in accordance with subsection (c) of this section to provide a per student amount that when nonstate funding sources are considered, is comparable to per student amounts provided for public schools under the Wyoming education resource block grant model.

 

(c)� To arrive at a biennial funding amount for purposes of subsection (b) of this section, an estimate shall be computed as follows:

 

(i)� Determine a combined average per student funding level under the Wyoming education resource block grant model for Fremont County school districts number fourteen (14), number twenty-one (21) and number thirty-eight (38);

 

(ii)� Multiply the per student amount determined under paragraph (i) of this subsection by the number of students enrolled in education programs and services provided by the joint business council pursuant to subsection (a) of this section;

 

(iii)� Subtract from the amount computed under paragraph (ii) of this subsection all Federal Bureau of Indian Affairs funds for K-12 programs received by the joint business council for education programs and services provided under subsection (a) of this section.

 

(d)� The joint business council of the Eastern Shoshone and the Northern Arapaho Indian Tribes shall annually report to the governor, the state superintendent of public instruction, the joint education interim committee and the select committee on tribal relations on the expenditure of contractual amounts as required under subsection (b) of this section.

 

CHAPTER 5 - SCHOOL DISTRICT ORGANIZATION

 

21-5-101.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-102.� Repealed By Laws, 1997 ch. 189, � 3.

 

21-5-103.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-104.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-105.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-106.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-107.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-108.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-109.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-110.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-111.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-112.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-113.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-114.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-115.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-116.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-117.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-118.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-119.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-120.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-121.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-122.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-123.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-124.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-125.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-126.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-127.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-128.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-129.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-130.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-131.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-132.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-133.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-134.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-135.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-136.� Repealed By Laws 1997, ch. 189, � 3.

 

21-5-137.� Repealed By Laws 1997, ch. 189, � 3.

 

CHAPTER 6 - SCHOOL DISTRICT ORGANIZATION

 

ARTICLE 1 - IN GENERAL

 

21-6-101.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-102.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-103.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-104.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-105.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-106.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-107.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-108.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-109.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-110.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-111.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-112.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-113.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-114.� Repealed by Laws 1997, ch. 189, � 3.

 

21-6-115.� Repealed by Laws 1997, ch. 189, � 3.

 

ARTICLE 2 - DISTRICT BOUNDARY BOARD

 

21-6-201.� Purpose.

 

(a)� The legislature of the state of Wyoming hereby declares that this article is passed to provide for the organization, reorganization and boundary adjustment of the school districts in this state whereby school districts can be organized to:

 

(i)� Provide an improved and more equalized educational opportunity for all of the pupils in the state;

 

(ii)� Provide a wiser and more efficient use of public funds for education, and making allowance for local conditions, special needs and problems and educational cost differentials, to achieve financial parity among school districts;

 

(iii)� Allow the initial planning for the organization, reorganization and adjustment of boundaries of school districts under this article to be conducted on the local level; and

 

(iv)� Simplify the organization, reorganization and adjustment of boundaries of school districts.

 

(b)� The legislature recognizes organization into unified districts under the Wyoming School District Organization Act of 1969 has been completed to the extent contemplated by that act. Further organization, reorganization and adjustment of boundaries of school districts in Wyoming shall be accomplished in accordance with the provisions of this article.

 

21-6-202.� Definitions.

 

(a)� As used in this article:

 

(i)� "School district" includes unified school districts and elementary school districts pursuant to W.S. 21-3-102;

 

(ii)� "State committee" means the state board of education;

 

(iii)� "Trustee residence area" means a geographical area within a unified school district from which a member or members of the board of trustees of the school district is nominated. Any person desiring to be a candidate for the office of a school district trustee shall be a resident of the residence area which he seeks to represent;

 

(iv)� "Unified school district" means a district supporting at least grades kindergarten or one (1) through twelve (12) under the control of one (1) board of trustees and administered by one (1) superintendent of schools, that offers an adequate and integrated educational program.

 

21-6-203.� District boundary boards; membership; style.

 

The county assessor, the board of county commissioners and the county treasurer shall constitute a board for establishing school districts in the county. If two (2) or more counties are involved, the county assessor, the board of county commissioners and the county treasurer from each county shall comprise the board. The board shall be styled "the district boundary board of .... county or counties, Wyoming."

 

21-6-204.� Quorum; majority vote.

 

(a)� A majority of the members of the district boundary board shall constitute a quorum for the transaction of business.� No action of the district boundary board shall be valid unless the action is approved by a majority of the members.

 

(b)� Expenses incurred by the district boundary board in the performance of its duties required by this article shall be borne by the county treasury.�

 

21-6-205.� Chairman; meetings.

 

The district boundary board shall elect a chairman.� He shall call a meeting of the district boundary board in the first quarter of each calendar year for the purpose of electing one (1) of the members as secretary. Thereafter, meetings shall be held upon the call of the chairman or of a majority of the members of the board.

 

21-6-206.� Duties of secretary.

 

The secretary shall keep an accurate record showing the boundaries of all the districts in his county. The secretary shall give each member one (1) day written notice before each hearing or meeting and shall publish in a newspaper of general circulation within the county, notice of any hearing or meeting at which a change in boundaries or reorganization of a school district or combining of school districts is to be considered at least once each week for the two (2) weeks immediately preceding the time set for the hearing or meeting.

 

21-6-207.� Proposal to change boundaries, reorganize or combine districts; criteria.

 

(a)� Any district boundary board or any two (2) or more district boundary boards acting jointly may, when in the judgment of the board it would be for the benefit of the educational needs of the pupils, and only when each school district� board consents, submit in writing to the state committee a proposal which would:

 

(i)� Alter and change the boundaries of any school district of any kind; or

 

(ii)� Reorganize any school district or portions of districts; or

 

(iii)� Combine any school district or portion thereof with any adjoining school district or districts; provided that no existing district shall be divided in any manner which will leave the total assessed valuation of its property less in proportion to the number of children shown in its census than the average ratio for all school districts in the county unless the trustees for those districts agree thereto.

 

(b)� Except as provided in this subsection, all actions taken under this article shall conform to the following criteria:

 

(i)� School districts shall be organized as efficient administrative units considering primarily the education, convenience and welfare of the children;

 

(ii)� Except as authorized in W.S. 21-6-223, the entire state shall be divided into unified school districts;

 

(iii)� All territory of each school district shall be contiguous;

 

(iv)� All territory within a school district shall be a single area from which trustees are elected at-large or be divided into trustee residence areas. Each trustee residence area shall be contiguous. In establishing trustee residence areas, the structure for election of trustees shall be in accordance with W.S. 21-3-111(b);

 

(v)� In developing proposals for organization, reorganization and adjustment of boundaries the district boundary boards shall consider a ratio of average daily membership to assessed valuation as nearly equalized as practicable among the districts in the various counties;

 

(vi)� Each proposal shall include provisions for educational opportunity and services as nearly equal as possible in all areas of each district;�

 

(vii)� A public hearing or hearings shall be held prior to the submission of a proposal by the district boundary boards prior to the organization, reorganization, boundary adjustment or combining of school districts to receive and keep a record of testimony. Notice of each public hearing shall be published in a newspaper of general circulation in the area at least once each week for the two (2) weeks immediately preceding the time set for each hearing.� The notice shall contain a statement of the time and place of the hearing and a brief summary of its purpose. In addition, at least ten (10) days and not more than fourteen (14) days before the hearing, a copy of the notice shall be sent by mail to each school district trustee residing in the area involved in the hearing. A subcommittee composed of not less than three (3) members of each district boundary board involved, may hold any hearing required to be held under this paragraph.

 

(c)� Unless the state committee determines the information required by this subsection is not necessary for a proposal, a district boundary board proposal submitted to the state committee shall contain:

 

(i)� A name and number of the proposed district;

 

(ii)� A map showing the boundaries of established school districts and the boundaries proposed;

 

(iii)� A description of the proposed boundaries;

 

(iv)� Recommendations respecting the location of schools, the utilization of existing buildings, allocation of existing indebtedness, the employment of existing personnel, the procedure for the reduction in force of employees and the transportation requirements under the proposal;

 

(v)� A summary of the reasons for the proposal;

 

(vi)� A record of all hearings;

 

(vii)� A summary of anticipated improvement in education; and

 

(viii)� Other reports, records and materials as the district boundary board or the state committee deems appropriate.

 

21-6-208.� Creation of new unified school districts from within boundaries of existing school districts.

 

Whenever at least one hundred (100) qualified electors of any area within an existing school district, which area includes both a high school and one (1) or more elementary schools with a total K-12 enrollment of more than five hundred (500) pupils, petition the district boundary board for creation of the area into a new unified school district, the district boundary board may, after holding a hearing on the petition, submit a proposal to form the area into a new unified school district to the state committee.

 

21-6-209.� Proposal to abolish or combine district failing to maintain school.

 

Whenever any district fails to maintain a school for a period of six (6) months in any school year, a district boundary board shall, within thirty (30) days after the conclusion of the six (6) months, submit to the state committee a proposal to abolish or combine the school district or portion thereof with any adjoining school district or districts.�

 

21-6-210.� Powers and duties of state committee.

 

(a)� The state committee shall:

 

(i)� Aid the district boundary boards in carrying out the powers and duties vested in and imposed upon those boards by this article, by furnishing assistance of the employed staff of the department, as authorized by the state superintendent, and provide plans for procedure, standards, data, maps and other information and services for district boundary boards throughout the state as it appears to the state committee necessary or desirable to carry out the purposes of this article;

 

(ii)� Receive, file and review all proposals for organization, reorganization and boundary adjustments submitted to it by a district boundary board and either approve the proposals or reject them with reasons for rejection and recommendations for making the proposal acceptable as provided in W.S. 21-6-211.

 

21-6-211.� Approval or rejection of proposal by state committee.

 

Within ninety (90) days after receipt of a proposal from any district boundary board, the state committee shall either approve or reject the proposal and notify the district boundary board of its action. In approving or rejecting a proposal, the state committee shall consider the effect of the proposal upon the purposes stated in this article.� No proposal shall be approved if in the opinion of the state committee it fails to comply with the provisions or purposes of this article. If a proposal is rejected, the state committee shall enter its order with reasons for the rejection and recommendations for making the proposal acceptable. If a proposal is rejected, a district boundary board may resubmit a modified proposal as often as necessary or may appeal the rejection pursuant to W.S. 21-6-224.� When a proposal is approved, the state committee shall make an order establishing the school district according to the approved proposal. An order of the state committee pursuant to this section shall be the final administrative determination and shall be filed with the county clerk of each county involved within ten (10) days from the approval or rejection of the proposal, in accordance with W.S. 21-6-212.

 

21-6-212.� Filing of notice of approval or rejection; proposal effective on filing.

 

The district boundary board� shall file with the county clerk, within ten (10) days from the date of approval or rejection by the state committee, any notice of approval or rejection received from the state committee. An approved proposal shall take effect upon such filing or a later date if specified in the approved proposal. The final administrative action of the state committee shall be appealable from the date of filing with the county clerk under this section.

 

21-6-213.� Notice to districts affected by action of committee.

 

When a district boundary board proposal organizing or reorganizing a school district or altering or changing the boundaries of any district or districts is approved or rejected by the state committee, the secretary shall promptly notify the clerk of the district board in each of the districts affected, in writing, giving in the notice the number of the district or districts affected and describing their boundaries and other changes approved or rejected.�

 

21-6-214.� City or town to be all in one district; district may include other territory.

 

Whenever the district boundary board organizes or reorganizes a school district or changes the boundaries of existing districts, the organization, reorganization or change shall be made so as to keep all territory embraced in any incorporated city or town in one (1) school district. A district boundary board may include in any school district territory not within such corporate boundaries. District boundary boards are hereby authorized to change the boundaries of any school district or districts so that all the territory embraced in a corporate city or town shall be in one (1) district.�

 

21-6-215.� Appointment and terms of trustees for new districts.

 

(a)� Whenever a new district is created under the provisions of this article, the district boundary board shall appoint a board of trustees for the new district from the combined membership of all the original boards of trustees of the districts involved based upon at-large appointments or through established trustee residence areas in accordance with W.S. 21-3-111(b)(ii). The district boundary board shall make provision for staggering terms so that a proportion of the membership, as nearly equal as possible, will be elected every two (2) years in the manner provided for the regular election of school board members. The appointed board shall consist of five (5), seven (7) or nine (9) members, who shall serve for not less than two (2) years following the effective date of the plan and until December 1 following the first or second regularly scheduled school election following the effective date of the plan. Thereafter, all trustees shall be elected for four (4) year terms, except those who may fill unexpired terms.

 

(b)� All trustees shall be elected by the electorate of the entire school district. According to the approved proposal and except those districts for which membership is based upon at-large appointments pursuant to W.S. 21-3-111(b)(i), each trustee residence area shall be entitled to one (1) or more representatives on the board and the candidate nominated from each trustee residence area receiving the largest number of votes shall be elected. If a member of the board of trustees shall become a nonresident of the district or the trustee residence area from which elected during his term of office, as applicable, he shall be deemed thereby to vacate his office. Any vacancy which for any reason occurs on the board shall be filled by a majority vote of the remaining members by the appointment of a resident of the district or the trustee residence area in which the vacancy occurs, as appropriate, and the appointee shall hold his office until the next annual election, at which a trustee shall be duly elected and qualified for the remainder of the unexpired term.

 

21-6-216.� Newly organized school district a body corporate; authority of trustees; old districts to cease to exist.

 

(a)� On the effective date of the proposal, each proposed newly organized school district shall be and become a body corporate under the name and number as indicated in the proposal as a school district, and the new board of trustees shall have full authority and power to act as the board of trustees to do all things necessary with reference to the business and educational affairs of the new school district using the funds on hand or the funds received through existing levies of the old districts as nearly as practicable for the balance of the fiscal year.

 

(b)� When members of the board of trustees of the new school district assume their duties as provided in this article on the effective date of the proposal each of the old districts or portions of districts from which the new district was formed shall cease to exist as a legal entity and the board of trustees of each former district or districts situated within the new district shall cease to function and the terms of office of the members thereof shall automatically expire.

 

21-6-217.� New districts may draw proportion of funds from old districts; transfer of property.

 

(a)� Whenever the district boundary board establishes a new district from districts already organized, the board of trustees of the newly organized district may draw its proportion of the public school funds for paying teachers or other legal school expenses from the school treasury of the district or districts from which it was separated until such time as the newly organized district receives its proper apportionment of school monies and taxes. In like manner, any district that is established from two (2) or more districts may draw its proportion of the proper school funds for payment of teachers or other necessary legal school expenses from the treasuries of the former districts.�

 

(b)� All real and personal property of any district combined under this article shall be and become the property of the newly organized district. All real and personal property shall be transferred or conveyed by operation of law unless otherwise provided in the approved proposal. However, real property which was transferred in accordance with this subsection from a then existing school district to a newly organized school district and on which is located a structure used as a school which the district has closed or intends to close shall not be conveyed or offered for sale to any other entity unless the municipality in which the property is located is first offered a right to purchase the property. If the municipality and school board cannot agree on a price for the property, the property shall be sold to the highest bidder at a public auction.

 

21-6-218.� Allocation of assets and debts upon reorganization of districts.

 

Whenever a district boundary board reorganizes any school districts under the provisions of this article, the board shall allocate equitably the assets and debts of the districts affected by the action of the district boundary board.

 

21-6-219.� Adjustment of state foundation entitlement.

 

(a)� When two (2) or more districts or parts of districts are organized into a school district and the total fiscal resources of the new school district are less than the combined fiscal resources of the districts the last year before organization, then the state superintendent shall adjust the state foundation entitlement to compensate for the differences in fiscal resources.� The adjustment shall be equal to one hundred percent (100%) of the initial difference in each of the first two (2) fiscal years after the new organization, fifty percent (50%) of the initial difference in the third fiscal year and twenty-five percent (25%) of the initial difference in the fourth fiscal year. The adjustment shall also provide reimbursement for expenses incurred by the school districts involved in the new organization. Expenses which are reimbursable shall be determined in accordance with rules adopted by the state superintendent, shall not exceed one hundred thousand dollars ($100,000.00), and shall be paid in equal amounts over a period not to exceed three (3) fiscal years.

 

(b)� When any district consolidates two (2) or more schools within the district and the total state aid to the district would decrease because of the consolidation, the state superintendent shall adjust the state foundation entitlement to compensate for the decrease for not more than one (1) year.�

 

21-6-220.� Name or number of newly created district.

 

In all cases, where a school district created by the action of the boundary board has been created from the territory of preexisting school districts, or the territory formerly belonging to a school district is annexed to a preexisting district, the district boundary board shall designate a descriptive name and a number for the newly created district or the district to which territory was added.�

 

21-6-221.� School advisory boards.��

 

(a)� Whenever any school within any school district is located twenty (20) road miles or more from the nearest town or city that is the population center of the district and whenever fifty percent (50%) of the parents of children attending the school agree, they may call a meeting at the school for the purpose of electing an advisory board of three (3) members for a term of three (3) years. The initial board shall have one (1) member elected for one (1) year, one (1) member for two (2) years and one (1) member for three (3) years.

 

(b)� The advisory board may aid and advise the board of trustees of the district in all matters concerning the operation of the school in their area. The advisory board may present grievances and recommendations at any regular meeting of the board of trustees of the district.

 

(c)� The advisory board secretary shall keep minutes of the meetings of the advisory board. These minutes shall be submitted to the board of trustees of the district and read at their next scheduled meeting.

 

(d)� There shall be an election held annually for the purpose of electing a successor for the advisor whose term has expired. An advisor may be elected to succeed himself or herself. The election need not comply with the elections provisions of this code.

 

(e)� Following the election of the advisory board the members of the board shall organize themselves by electing one (1) of their members as chairman and one (1) as secretary.

 

(f)� The district trustee, within whose election area the school is located, is an ex officio member of the advisory board but shall not vote.

 

21-6-222.� Election of elementary school districts to create unified school districts; levy of taxes at maximum rates.

 

(a)� Any elementary school district not yet organized and unified under the provisions of the Wyoming School District Organization Act of 1969, may petition the district boundary board to be included within a unified school district of the county in which it is located.

 

(b)� Any elementary school district electing to come under the provisions of this section shall levy taxes in the same manner and subject to the same maximum rates as provided for the unified school district.�

 

21-6-223.� Elementary school districts not electing to organize and unify; affiliation with unified high school districts.

 

An elementary school district not electing to unify shall affiliate itself with a unified school district and become an elementary supporting district for the high school within that district for purposes as defined by law.

 

21-6-224.� Judicial review of actions of board.

 

(a)� Any school district or a district boundary board, if aggrieved by any action of the state committee, may institute proceedings for judicial review thereof in the district court of the county in which an affected school district is located pursuant to provisions of the Wyoming Administrative Procedure Act. No other person shall have standing to appeal a decision of the state committee made under this article. The state committee shall be named defendant, and service of process shall be pursuant to the Wyoming Rules of Civil Procedure.

 

(b)� The appeal shall be heard promptly. Pending the appeal provided by this section, all proceedings regarding the proposal shall be stayed unless otherwise ordered by the court to which appeal is taken.

 

21-6-225.� Contract rights and benefits of employees and teachers.

 

No contract right, fringe benefit, benefit granted under school policies, or continuing contract status of any employee, or any rights under the Wyoming Teachers' Employment Act shall be denied or reduced as a result of school district reorganization, except as provided by W.S. 21-7-111(a)(iv). The new school district shall have the right to establish a uniform salary and benefit schedule for employees of the previous school districts and shall have the right to establish the length of the contract year.

 

21-6-226.� Boundaries of school districts; filing with the department of revenue.

 

(a)� Each school district board shall file a copy of an official map or legal description designating the geographical boundaries of the school district or the changes to its geographical boundaries with the department of revenue, the county assessor and the county clerk in the county or counties within which the district is located in accordance with the department's rules adopted pursuant to W.S. 39-11-102(c)(xxiv) regarding tax districts and as follows:

 

(i)� Within ten (10) days after the effective date of formation; and

 

(ii)� Annually, by a date determined by the department, if the school district has changes to its geographical boundaries in the preceding year.

 

CHAPTER 7 - TEACHERS AND EMPLOYEES

 

ARTICLE 1 - TEACHER CONTRACTS

 

21-7-101.� Short title.

 

This article shall be known and cited as the Wyoming Teacher Employment Law.

 

21-7-102.� Definitions.

 

(a)� As used in the article the following definitions shall apply:

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(a)� As used in this article the following definitions shall apply:

 

(i)� "Board". - The board of trustees of any school district in the state of Wyoming offering instruction in any of the grades kindergarten through twelve (12);

 

(ii)� "Continuing Contract Teacher":

 

(A)� Any initial contract teacher who has been employed by the same school district in the state of Wyoming for a period of three (3) consecutive school years, and has had his contract renewed for a fourth consecutive school year; or

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(A)� Any initial contract teacher who has been employed by the same school district in the state of Wyoming for a period of three (3) consecutive school years, has performed satisfactorily on performance evaluations implemented by the district under W.S. 21-3-110(a)(xvii) during this period of time and has had his contract renewed for a fourth consecutive school year; or

 

(B)� A teacher who has achieved continuing contract status in one (1) district, and who without lapse of time has taught two (2) consecutive school years and has had his contract renewed for a third consecutive school year by the employing school district.

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(B)� A teacher who has achieved continuing contract status in one (1) district, and who without lapse of time has taught two (2) consecutive school years and has had his contract renewed for a third consecutive school year by the employing school district, and has performed satisfactorily on performance evaluations conducted by both districts under W.S. 21-3-110(a)(xvii) during this period of time.

 

(iii)� "Dismissal". - The cancellation of any teacher's contract of employment by the board of trustees while such contract is in effect.� In the case of a continuing contract teacher, dismissal shall mean cancellation of his contract at any time other than at the end of a school year where proper notice has been given;

 

(iv)� "Initial Contract Teacher". - Any teacher who has not achieved continuing contract status;

 

(v)� "Superintendent". - The chief administrative officer of any school district;

 

(vi)� "Suspension with pay" means the removal of a teacher from the classroom during the school year without termination of salary pending the outcome of a hearing in accordance with W.S. 21-7-110;

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(vi)� "Suspension" means the removal of a teacher from the classroom during the school year.� Unless otherwise agreed to by the teacher and the district superintendent or board, suspension shall be with, or without, pay as follows:

 

(A)� By the superintendent "with pay" pending:

 

NOTE: This section becomes effective 7/1/2012.

 

(I)� The investigation of an allegation of misconduct which investigation shall not exceed thirty (30) days; and

 

NOTE: This section becomes effective 7/1/2012.

 

(II)� The final action of the board following completion of the investigation under subdivision (I) of this subparagraph and, if requested, the outcome of a hearing in accordance with W.S. 21-7-110.

 

NOTE: This section becomes effective 7/1/2012.

 

(B)� By the board "without pay" for a period not to exceed one (1) calendar year following the outcome of a hearing in accordance with W.S. 21-7-110.

 

NOTE: This section becomes effective 7/1/2012.

 

(vii)� "Teacher". - Any person employed under contract by the board of trustees of a school district as a certified professional employee;

 

(viii)� "Termination". - The failure of the board of trustees of a school district in Wyoming to reemploy a teacher at the end of a school year in any given year;

 

(ix)� "Suspension without pay" means the removal of a teacher from the classroom during the school year with the termination of salary for a period not to exceed one (1) calendar year commencing upon completion of a hearing held under W.S. 21-7-110.

 

NOTE: Effective 7/1/2012, this section is repealed by Laws 2011, Ch. 182, � 2.

 

21-7-103.� Absences and leaves not considered interruptions in service.

 

Absences and leaves of absence approved by the employing board shall not be considered as interruptions in service for purposes of determining continuing contract status.

 

21-7-104.� Employment of continuing contract teachers on continuing basis; salary increases.

 

(a)� A continuing contract teacher shall be employed by each school district on a continuing basis from year to year without annual contract renewal at a salary determined by the board of trustees of each district, said salary subject to increases from time to time as provided for in the salary provisions adopted by the board.

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(a)� Subject to satisfactory performance evaluation under W.S. 21-3-110(a)(xviii), a continuing contract teacher shall be employed by each school district on a continuing basis from year to year without annual contract renewal at a salary determined by the board of trustees of each district, said salary subject to increases from time to time as provided for in the salary provisions adopted by the board.

 

(b)� Any teacher hired by a Wyoming school district shall receive credit in accordance with that district's salary schedule for all prior years of service obtained as a teacher in any Wyoming school district or as a teacher in the regional developmental preschool system defined by W.S. 21-2-701(a)(iii).

 

21-7-105.� Employment of initial contract teachers on annual basis; notice of termination to such teachers.

 

An initial contract teacher who has taught in the system continuously for a period of at least ninety (90) days shall be hired on an annual basis and shall be notified in writing of the reasons for termination, if such is the case, no later than April 15 of each year.� An initial contract teacher's employment may be terminated for any reason not specifically prohibited by law, and a board is not limited to the reasons set forth in W.S. 21-7-110(a). The notice of termination shall not be disseminated to the public or to prospective employers absent the teacher's consent.� Nothing contained in this section shall limit the use of the notice in any hearing.

 

21-7-106.� Notice of recommendation of termination to teacher; when termination effective.

 

(a)� A continuing contract teacher shall be notified of a recommendation of termination by the superintendent or any member of the board designated by the superintendent or designated by the board pursuant to a majority vote of the board by giving the teacher written notice together with written reasons for termination on or before April 15 of any year.� Upon receipt of notice, the teacher may request a hearing on the recommendation before an independent hearing officer as provided under W.S. 21-7-110.

 

NOTE: Effective 7/1/2012, this section will read as follows:

 

(a)� A continuing contract teacher shall be notified of a recommendation of termination by the superintendent or any member of the board designated by the superintendent or designated by the board pursuant to a majority vote of the board by giving the teacher written notice together with written reasons for termination on or before April 15 of any year.� Upon receipt of notice, the teacher may request a hearing on the recommendation before an independent hearing officer through the office of administrative hearings as provided under W.S. 21-7-110.