wycode

Cross references. —

As to grant of school lands generally by Act of Admission, see Act of Adm., § 4.

As to sale or lease of school lands under Act of Admission, see Act of Adm., § 5.

As to common school fund from proceeds of sales of public lands under Act of Admission, see Act of Adm., § 7.

As to university lands under Act of Admission, see Act of Adm., § 8.

As to agricultural college lands under Act of Admission, see Act of Adm., § 10.

As to constitutional right to education, see art. 1, § 23, Wyo. Const.

As to educational qualifications of electors, see art. 6, § 9, Wyo. Const.

As to providing complete and uniform system of public instruction, see art. 7, § 1, Wyo. Const.

As to school funds, see art. 7, §§ 2 to 9, Wyo. Const.

For prohibition against discrimination between pupils on account of sex, race or color, see art. 7, § 10, Wyo. Const.

As to prescribing textbooks, see art. 7, § 11, Wyo. Const.

For prohibition against sectarian education, see art. 7, § 12, Wyo. Const.

As to general supervision of public schools, see art. 7, § 14, Wyo. Const.

As to University of Wyoming, see art. 7, §§ 15 to 17, Wyo. Const.

As to fixing salaries of school officers, see art. 14, § 1, Wyo. Const.

As to collection of fees by school officers, see art. 14, § 2, Wyo. Const.

As to limits on tax levy for support of public schools, see art. 15, § 15, Wyo. Const.

As to disposition of unexpended income of perpetual school fund, see art. 18, § 6, Wyo. Const.

As to providing public school system open to all children and free from sectarian control, see art. 21, § 28, Wyo. Const.

As to partition of land acquired for church and school purposes, see § 1-32-121 .

As to closing of schools on public legal holidays, see § 8-4-101 .

As to commemorating Arbor Day in schools, see § 8-4-102 .

As to observing Wyoming Day in the schools, see § 8-4-103 .

For Interstate Library Compact, see § 9-2-1026 .8.

As to state telecommunications council, see § 9-2-1026 .2.

As to retirement of state employees and teachers, see § 9-3-401 et seq.

As to university building account, see § 9-4-306 .

As to university account, see § 9-4-308 .

As to accounts within permanent land fund and permanent land income fund, see § 9-4-310 .

As to apportionment of forest reserve funds for benefit of public schools and roads, see §§ 9-4-501 through 9-4-504 .

As to use of government royalty income for public school construction, see § 9-4-601 et seq.

As to use for public schools of grants, gifts, devises, escheats and forfeitures to the state, see §§ 9-5-201 through 9-5-205 .

As to duty of county clerk to issue certificates relating to selection or relinquishment of school lands, see § 18-3-402(a)(xiv).

As to county libraries, see §§ 18-7-101 through 18-7-106 .

As to archaeological, geological and historical museums, see §§ 18-10-101 through 18-10-105 .

As to day care centers, see § 18-13-101 .

As to free tuition and fees for education of war orphans, see § 19-14-106 .

As to liability of property of husband or wife for education of children, see § 20-1-201 .

As to applicability of Election Code to school and community college district elections, see § 22-2-101 .

As to ballots in school and community college district elections, see § 22-6-128 .

As to school and community college elections generally, see §§ 22-22-101 through 22-22-304 .

For Training School Act of 1981, see §§ 25-5-101 through 25-5-134 .

As to employment of children of school age, see §§ 27-6-107 through 27-6-114 .

As to validation of gifts, devises, bequests or conveyances for educational, etc., uses, see §§ 34-5-114 through 34-5-117 .

As to sanitation of public institutions such as schools, see § 35-1-102 .

As to sanitary standards for schools, see § 35-1-240 .

As to joint committee on schools health, see §§ 35-1-701 , 35-1-702 .

As to fire escapes in schools and universities, see §§ 35-9-501 through 35-9-507 .

As to acceptance of school lands, see § 36-1-104 .

As to preference to holder of lease of school land under Taylor Grazing Act, see § 36-5-107 .

As to mineral leases of school lands, see §§ 36-6-101 through 36-6-103 .

As to terms of payment for school lands, see § 36-9-107 .

As to exemption of transportation of children to and from school from provisions as to motor carriers, see § 31-18-103 .

As to levying taxes for school purposes, see § 39-13-104 .

Severability. —

Laws 1969, ch. 111, § 290, Laws 1977, ch. 19, § 2, Laws 1977, ch. 169, § 2, and Laws 1977, ch. 175, § 2, declare the provisions of the acts to be severable.

Law reviews. —

For article, “The Wyoming Education Code of 1969,” see V Land & Water L. Rev. 531 (1970).

For article, “Financing Wyoming's Public Schools: The Wyoming Legislature Gets to Try Again,” see XXXI Land & Water L. Rev. 469 (1996).

Am. Jur. 2d, ALR and C.J.S. references. —

15A Am. Jur. 2d Colleges and Universities § 1 et seq.; 68 Am. Jur. 2d Schools § 1 et seq.

Construction and application of agreement by medical or social work student to work in particular position or at particular location in exchange for financial aid in meeting costs of education, 83 ALR3d 1273.

Admissibility of school records under hearsay exceptions, 57 ALR4th 1111.

Liability of school or school personnel in connection with suicide of student, 17 ALR5th 179.

Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes, 66 ALR5th 1.

Tort liability of schools and institutions of higher learning for personal injury suffered during school field trip, 68 ALR5th 519.

Tort liability of public schools and institutions of higher learning for accidents occurring during school athletic events, 68 ALR5th 663.

Tort liability of public schools and institutions of higher learning for injury to student walking to or from school, 72 ALR5th 469.

Action of private institution of higher education as constituting state action, or action under color of law, for purposes of fourteenth amendment and 42 U.S.C. § 1983, 37 ALR Fed 601.

Effects of federal non-interference with curriculum statute (20 USC § 1232a), 71 ALR Fed 588.

Circumstances warranting judicial determination or declaration of unitary status with regard to schools operating under court-ordered or -supervised desegregation plans and the effects of such declarations, 94 ALR Fed 667.

Giving of invocation with religious content at public-school-sponsored events to which public is invited or admitted as violation of establishment clause of first amendment, 98 ALR Fed 206.

Applicability and application of § 2 of Voting Rights Act of 1965 (42 USC § 1973) to members of school board, 105 ALR Fed 254.

14A C.J.S. Colleges and Universities § 1 et seq.; 78 C.J.S. Schools and School Districts § 1 et seq.

Chapter 1 General Provisions and Definitions

§ 21-1-101. Short title.

This act [§§ 21-1-101 through 21-13-721 ] shall be known and may be cited as the Wyoming Education Code of 1969.

History. Laws 1969, ch. 111, § 1; W.S. 1957, § 21.1-1.

Application. —

In a certificated guidance counselor's wrongful termination suit, summary judgment in favor of the school district was proper as the counselor was not a teacher within the meaning of the Wyoming Teacher Employment Law, Wyo. Stat. Ann. §§ 21-1-101 to -114, and was therefore not entitled to its protections. Luhm v. Bd. of Trs., 2009 WY 63, 206 P.3d 1290, 2009 Wyo. LEXIS 60 (Wyo. 2009).

Cited in

Laramie County Sch. Dist. Number One v. Muir, 808 P.2d 797, 1991 Wyo. LEXIS 51 (Wyo. 1991).

§ 21-1-102. Use of “shall” and “may”. [Repealed]

History. Laws 1969, ch. 111, § 2; W.S. 1957, § 21.1-2; repealed by 2019 ch. 186, § 2, effective July 1, 2019.

§ 21-1-103. “State superintendent”, “state board” defined.

As used in this act [§§ 21-1-101 through 21-13-721 ], unless the context otherwise requires or unless otherwise specifically noted:
1. “State superintendent” means the state superintendent of public instruction;
2. “State board” means the state board of education;
3. Repealed by Laws 2015, ch. 30 § 4.

History. Laws 1969, ch. 111, § 3; W.S. 1957, § 21.1-3; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 4, effective February 25, 2015.

The 2013 amendment, added (a)(iii).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, repealed former (a)(iii), which defined “Director.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

2013 amendment unconstitutional. —

Senate Enrolled Act 1 (Laws 2013, Chapter 1), which amended this section, is unconstitutional, as it deprives the State Superintendent of Public Instruction the power of ?general supervision of the public schools? that is entrusted to the Superintendent in Wyo. Const. art. 7, ? 14. Powers v. State, 2014 WY 15, 318 P.3d 300, 2014 Wyo. LEXIS 16 (Wyo. 2014), and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).

§ 21-1-104. [Repealed.]

History. 2013 ch. 1, § 1, effective January 29, 2013; repealed by 2015 ch. 30, § 4, effective February 25, 2015.

Chapter 2 The Administration of the State System of Education at the State Level

Editor's notes. —

Laws 2015, ch. 30, amending this Chapter, states in relevant part: “..in accordance with Powers v. State, 2014 WY 15, 318 P.3d 300 (Wyo. 2014) and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014”.

Laws 2015, ch. 179, amending this Chapter, states in relevant part : “..conforming Wyoming Statute to Powers v. State, 2014 WY 15, 318 P.3d 300 and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).”

Law reviews. —

For article, “The Wyoming Education Code of 1969,” see V Land & Water L. Rev. 531 (1970).

Am. Jur. 2d, ALR and C.J.S. references. —

68 Am. Jur. 2d Schools §§ 59 to 79.

Validity of governmental requirement of oath of allegiance or loyalty as applied to school officers, 18 ALR2d 268.

78 C.J.S. Schools and School Districts §§ 74 to 92.

Article 1. General Provisions

§ 21-2-101. Application of Wyoming Administrative Procedure Act.

The Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ] shall apply to this code [§§ 21-1-101 through 21-13-721 ] and no hearing shall be held or adjudications made except in compliance with its provisions.

History. Laws 1969, ch. 111, § 4; W.S. 1957, § 21.1-4.

§ 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.

History. Laws 1969, ch. 111, § 5; W.S. 1957, § 21.1-5; Laws 2006, ch. 114, § 1.

Cross references. —

As to board of trustees of University of Wyoming generally, see §§ 21-17-201 through 21-17-206 .

The 2006 amendment deleted “Except as provided in W.S. 21-4-304 .”

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

Pursuant to the conflicting laws provision in ch. 114, both have been given effect in the section as set out above.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 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.

History. Laws 1969, ch. 111, § 6; W.S. 1957, § 21.1-6; 2011, ch. 129, § 206; ch. 176, § 1.

Cross references. —

As to powers of community college commission, see § 21-18-202 .

The 2011 amendments. —

The first 2011 amendment, by ch. 129 § 206, effective July 1, 2011, deleted “Except as provided in W.S. 21-4-304 ” at the beginning.

The second 2011 amendment, by ch. 176 § 1, deleted “Except as provided in W.S. 21-4-304 ” at the beginning.

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

Editor's notes. —

Section 21-4-304 , referred to in this section, was repealed in 1991.

§ 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.

History. Laws 1969, ch. 111, § 7; W.S. 1957, § 21.1-7; Laws 1987, ch. 190, § 2; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, substituted “director” for “state superintendent” three times in the first sentence, added “as approved by the governor” at the end of the first sentence, and added the last sentence.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, effective July 1, 2015, in the first sentence, substituted “state superintendent” for “director” three times, and deleted “as approved by the governor” at the end; and deleted the former last two sentences, which read: “The director shall serve as the chief administrative officer of the department. All duties of the state department of education shall be under the control of the director.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Laws 2015, ch. 30 , amending provisions of this article, states in relevant part: “in accordance with Powers v. State, 2014 WY 15, 318 P.3d 300 (Wyo. 2014) and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014)”.

2013 amendment unconstitutional. —

Quoted in

Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

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

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

History. Laws 1969, ch. 111, § 8; W.S. 1957, § 21.1-8; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, substituted “director” for “state superintendent”, and inserted “state” after “within the”.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, substituted “state superintendent” for “director,” and deleted “state” preceding “department.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

2013 amendment unconstitutional. —

Cited in

Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

Article 2. Superintendent Of Public Instruction And Department Of Education

Am. Jur. 2d, ALR and C.J.S. references. —

78 C.J.S. Schools and School Districts § 81.

Laws 2015, ch. 179 , amending provisions of this article, states in relevant part: “conforming Wyoming Statute to Powers v. State, 2014 WY 15, 318 P.3d 300 and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).”

§ 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.
and (c) Repealed by Laws 2015, ch. 30 § 4.

History. C.L. 1876, ch. 103, § 2; R.S. 1887, § 3906; R.S. 1899, § 91; C.S. 1910, § 133; Laws 1919, ch. 127, § 5; C.S. 1920, §§ 142, 2332; R.S. 1931, §§ 99-105, 109-701; C.S. 1945, §§ 18-601, 67-105; W.S. 1957, §§ 9-84, 21-5; Laws 1959, ch. 109, § 2; 1969, ch. 111, § 9; Rev. W.S. 1957, § 21.1-9; 2013 ch. 1, § 2, effective January 29, 2013; 2014 ch. 103, § 1, effective July 1, 2014; 2015 ch. 30, §§ 1, 3, 4, effective February 25, 2015.

The 2013 amendment, substituted “as prescribed by law” for “who shall be the administrative head and chief executive officer of the department of education” in (a); and added (b) through (c).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2014 amendment, effective July 1, 2014, in (c)(ii), deleted “and capable of serving on the board under W.S. 21-22-103 ” following “of the award.”

The 2015 amendment, in (a), substituted “who shall be the administrative head and chief executive officer of the department of education” for “as prescribed by law.”; and repealed former (b) and (c), pertaining to administrative responsibilities of the state superintendent.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

§ 21-2-202. Duties of the state superintendent.

History. C.L. 1876, ch. 103, § 2; R.S. 1887, § 3906; R.S. 1899, § 91; C.S. 1910, § 133; Laws 1919, ch. 127, §§ 5, 6; C.S. 1920, §§ 142, 2332, 2333; R.S. 1931, §§ 99-105, 99-106, 109-701; C.S. 1945, §§ 18-601, 67-105, 67-106; W.S. 1957, §§ 9-84, 21-5, 21-6; Laws 1959, ch. 109, § 2; 1969, ch. 111, § 10; Rev. W.S. 1957, § 21.1-10; Laws 1987, ch. 190, § 2; 1989, ch. 183, § 1; 1993, ch. 125, § 2; ch. 185, § 2; ch. 217, § 2; 1994, ch. 17, §§ 1, 2; 1997, ch. 65, § 1; 1997, Sp. Sess., ch. 3, § 301(a); 1999, ch. 170, § 501; 2000, ch. 73, § 3; 2001, ch. 158, § 1; ch. 186, § 1; 2002 Sp. Sess., ch. 58, § 1; ch. 99, § 3; 2003, ch. 164, § 2; ch. 208, § 101; 2004, ch. 132, § 2; 2005, ch. 231, § 1; 2006, ch. 37, § 1; ch. 114, § 1, ch. 115, § 1; 2008, ch. 95, §§ 201, 501; 2011, ch. 67, § 1; ch. 184, § 2; ch. 185, § 1; ch. 190, § 1; 2012, ch. 30, § 3; ch. 101 § 1; 2013 ch. 1, §§ 2, 3, effective January 29, 2013; 2014 ch. 27, §§ 2, 3, effective July 1, 2014; 2014 ch. 125, §§ 3, 5, effective March 10, 2014; 2015 ch. 30, §§ 1, 2, 3, effective February 25, 2015; 2015 ch. 179, § 1, effective March 9, 2015; 2016 ch. 113, § 1, effective July 1, 2017; 2017 ch. 14, § 1, effective February 16, 2017; 2017 ch. 95, § 1, effective July 1, 2017; 2017 ch. 193, § 1, effective July 1, 2017; 2019 ch. 18, § 1, effective July 1, 2019; 2019 ch. 102, § 1, effective February 26, 2019; 2019 ch. 191, § 1, effective July 1, 2019; 2020 ch. 7, § 1, effective July 1, 2020; 2020 ch. 125, § 1, effective July 1, 2020; 2021 ch. 66, § 1, effective July 1, 2021.

Cross references. —

As to serving as member ex officio of board of trustees of University of Wyoming, see § 21-17-201 .

As to serving as member ex officio of community college commission, see § 21-18-201 .

As to the Wyoming Administrative Procedure Act, see § 16-3-101(a), (b)(xi).

As to career-vocational education program grants, see § 21-12-105 .

The 2004 amendment, effective July 1, 2004, added (a)(xix)(J); and made stylistic changes.

The 2005 amendment, effective July 1, 2005, in (a)(x), in the sixth sentence deleted “within the trust and agency fund” following “a revolving account.”

The 2006 amendments. —

The first 2006 amendment, by ch. 37, § 1, effective July 1, 2006, in (a), substituted “21-13-309(m)(v)(D)” for “21-13-329” in (xxvi), in the introductory language of (xxvii), substituted “from” for “authorized under W.S. 21-13-329 for” inserted “specified under W.S. 21-13-309(m)(v)(D)” and inserted “subject to district submission of the following:” at the end, and added (A) through (C), deleted “of amounts distributed under W.S. 21-13-329 ” at the end of (xxix); added (e), and made related changes throughout.

The second 2006 amendment, by ch. 114, § 1, in (a), added “and” at the end of (xvii)(A); and made related changes.

Laws 2006, ch. 114, § 5 makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The third 2006 amendment, by ch. 115, § 1, effective July 1, 2006, added (a)(xxx).

Pursuant to the conflicting legislation provision, all of these amendments have been given effect in this section as set out above.

The 2008 amendments. —

The first 2008 amendment, by ch. 95 § 201, effective July 1, 2008, rewrote (a)(xxviii) which read: “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.”

The second 2008 amendment, by ch. 95 § 501, effective July 1, 2008, added (a)(xxxi).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2011 amendments. —

The first 2011 amendment, by ch. 67, § 1, added (a)(xxxii).

Laws 2011, ch. 67, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The second 2011 amendment, by ch. 184, § 2, added “and the statewide education accountability system pursuant to W.S. 21-2-204 ” in (a)(i); in (a)(xiv), added “consolidated, combined and analyzed in accordance with W.S. 21-2-204 (h) and shall be,” added the present last sentence, and made related changes; and in (a)(xxi), added “requirements of the statewide education accountability system established under W.S. 21-2-204 and.”

Laws 2011, ch. 184, § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2011.

The third 2011 amendment, by ch. 185, § 1, effective July 1, 2011, in (a), substituted “career-vocational” for “vocational” and variants in (a)(xxvi) and (a)(xxix), and added (a)(xxxiv); and in (e), added the present second and fourth sentences, added “and is made available for public inspection,” added “and shall be incorporated into the electronic version of the model available for public inspection,” and made related changes.

The fourth 2011 amendment, by ch. 190 § 1, effective July 1, 2011, added (a)(xxxiii).

This section is set out as reconciled by the Wyoming legislative service office.

The 2012 amendments. —

The first 2012 amendment, by ch. 30, § 3, in (a)(xx), deleted “state telecommunications council” after “University of Wyoming,” substituted “enterprise technology services” for “administration and information” in two places, substituted “W.S. 9-2-2906(g)” for “W.S. 9-2-1026 .1(d)”; and substituted “department of enterprise technology services” for “office of the chief information officer” in (a)(xxxiv).

Laws 2012, ch. 30, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2012.

The second 2012 amendment, by ch. 101 § 1, in (a)(xiv), deleted “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”; rewrote (a)(xxx), which formerly read: “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”; and in (a)(xxxiv), deleted “In consultation” at the beginning, substituted “establish criteria” for “and through a single repository, establish criteria and guidelines” and inserted “department of education.”

Laws 2012, ch. 101 § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

This section is set out as reconciled by the Wyoming legislative service office.

The 2013 amendments. —

The first 2013 amendment, by ch. 1, §§ 2, 3, substituted “director” for “state superintendent” throughout the section; in (a)(1) substituted “delegated” for “entrusted”, and added “or the state superintendent”; added “, the director” preceding “and state department” in first sentence in (a)(ix); added “director of the” in the beginning of (a)(xix); made a stylistic change in (H); and in (b), added “and the state superintendent”, added the last sentence; and repealed (a)(xxxii) and (a)(xxxiii) which read: “(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;.”

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The second 2013 amendment, by ch. 150, § 1, effective July 1, 2013, substituted “W.S. 21-3-110(a)(xxxi)” for “W.S. 21-3-110(a)(xxx)” in (a)(xxxii) and (a)(xxxiii).

The third 2013 amendment, by ch. 195, § 2, in (a)(xxx), added “all students in” near the end of the third sentence, added “be optional for all students in grade eleven (11) and shall” in the fourth sentence, deleted the end of the fifth sentence, which read: “and one (a) shall be administered to all eleventh and twelfth grade students throughout the state,” added “of the college entrance examination” in the sixth sentence, added “be provided at least one (1) opportunity during the school year” in the seventh sentence, in the last sentence, substituted “Alternate assessments” for “Alternative assessments” and “shall be offered” for “may be offered,” and made stylistic changes.

Laws 2013, ch. 195, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2015 amendments. — The first 2015 amendment, by ch. 30, §§ 1, 2 and 3, in (a), substituted “state superintendent” or similar language for “director” throughout; in the last sentence in (a)(i), substituted “entrusted” for “delegated,” and deleted “or the state superintendent” at the end; in the first sentence in (a)(ix), substituted “superintendent and state department” for “superintendent, the director and the state department”; in (a)(xix), deleted “the director of” preceding “the state agency” near the beginning; in (b), deleted “and the state superintendent” following “the state board” in the first sentence, and deleted the last sentence, which read: “The state department of education shall provide information or data requested by the state board that is necessary to perform duties under W.S. 21-2-304 ”; and made a stylistic change; added (a)(xxii), (a)(xxxii), (a)(xxxiii), and (f).

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The second 2015 amendment, by ch. 179, § 1, in (a)(xxx), inserted “or twelve (12)”, “statewide”, substituted “established by the state superintendent in a manner that best meets the needs of students and school districts” for “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” and added (xxxvi).

Laws 2015, ch. 179, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyo. Const. Approved March 9, 2015.

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2016 amendment , effective July 1, 2017, rewrote (a)(xxx).

The 2017 amendments. — The first 2017 amendment, by ch. 14, § 1, in the middle of the introductory language of (a)(xxxiv), substituted “including, but not limited” for “related,” and at the end, added “privacy and”; in the middle of (a)(xxxiv)(H), added “or trade”; added (a)(xxxiv)(K), and made related changes; and added (a)(xxxvii).

Laws 2017, ch. 14, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 16, 2017.

The second 2017 amendment, by ch. 95, § 1, effective July 1, 2017, in (a)(xiv), substituted “21-2-204(j)” for “21-2-204(h)” in the second sentence; and in (a)(xxxvi), substituted “21-2-204(h)” for “21-2-204(f)” at the end.

The third 2017 amendment, by ch. 193, § 1, effective July 1, 2017, substituted “virtual education” for “distance education” throughout the section; added the last sentence in (a)(xxxi)(A) , in (a)(xxxi)(B) added “including professional development for teachers and school administrators” in the first sentence and added the second sentence, rewrote (a)(xxxi)(D), which formerly read: “Establishing criteria and necessary components of individual student distance learning plans required by W.S. 21-13-330 ,” added the second sentence of (a)(xxxi)(E), added (a)(xxxi)(F), and made related changes.

While neither amendment gave effect to the others, all have been given effect in this section as set out above.

The 2019 amendments. — The first 2019 amendment, by ch 18, § 1, effective July 1, 2019, in (a)(xxxi)(A), deleted “or postsecondary faculty who meet the requirements of W.S. 21-7-303(b)” at the end of the first sentence.

The second 2019 amendment, by ch 102, § 1, in (a)(xx), deleted the last sentence, which read: “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”; and in (f), deleted the first two sentences, which read: “Not later than October 15 each year, the state superintendent shall prepare a report on the general status of all public schools for the legislature. The report shall include the quality of education including any proposed improvement to address any shortfalls, the relevance of education, the measurement of achievement of educational goals, the improvement of learning and any suggested innovations in education” and deleted “based upon the analysis of the quality indicators specified under this subsection.”

Laws 2019, ch. 102, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

The third 2019 amendment, by ch. 191, § 1, effective July 1, 2019, in the introductory language in (a)(xxxi), substituted “education. Courses taught pursuant to an agreement entered into under W.S. 21-13-330(m) shall not be subject to this paragraph. The rules and regulations promulgated pursuant to this paragraph shall meet the requirements of this paragraph by” for “education by.”

Pursuant to the conflicting legislation provision, all of these amendments have been given effect in this section as set out above.

The 2020 amendments. — The first 2020 amendment, by ch. 7, § 1, effective July 1, 2020, in (a)(xxxi), added “or pursuant to W.S. 21-13-330(n)” following “W.S. 21-13-330(m).”

The second 2020 amendment, by ch. 125, § 1, effective July 1, 2020, added (a)(xxxviii) and (a)(xxxix); and added (g).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2021 amendment , effective July 1, 2021, substituted "career and technical" for "career-vocational" throughout the section.

Editor's notes. —

Laws 2015, ch. 30, amending this section, states in relevant part: “in accordance with Powers v. State, 2014 WY 15, 318 P.3d 300 (Wyo. 2014) and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).”

Laws 2015, ch. 179, amending this section, states in relevant part: “conforming Wyoming Statute to Powers v. State, 2014 WY 15, 318 P.3d 300 and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014)...”.

See discussion below.

Portions of this section as amended by Senate Enrolled Act 1 (Laws 2013, ch. 1) have been held unconstitutional. Powers v. State, 2014 WY 15, 318 P.3d 300, 2014 Wyo. LEXIS 16 (Wyo. 2014) and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014). For the text of this section prior to the 2013 enactment, see the 2011 edition and the 2012 supplement edition of the Wyoming Statutes Annotated.

Laws 2014, ch. 27, § 2, amended portions of subsection (a) of this section as that subsection existed prior to the enactment of Laws 2013, ch. 1. Section 2 of the 2014 act superseded alternative provisions in section 1 of that act and became effective July 1, 2014, upon the Governor's certification of the issuance of a final court order as specified in section 3(a) of the act. The 2014, ch. 27 amendment is set out below.

Laws 2014, ch. 125, § 3, amended portions of subsection (a) of this section as that subsection existed prior to the enactment of Laws 2013, ch. 1. Section 3 of the 2014 act superseded alternative provisions in section 1 of that act and became effective July 1, 2014, upon the Governor's certification of the issuance of a final court order as specified in section 5 of the act. The 2014, ch. 125 amendment is set out below.

Laws 2014, ch. 27, § 2 provides:

Section 2. W.S. 21-2-202(a) by creating a new paragraph (xxxv), as in effect prior to the enactment of 2013 Wyoming Session Laws, Chapter 1, [is] amended to read:

21-2-202 . Duties of the state superintendent.

(a) In addition to any other duties assigned by law, the state superintendent shall:

(b) Review and make available suitable materials for suicide prevention education as required for school district teachers and school administrators under W.S. 21-3-110(a)(xxxiii).

Laws 2014, ch. 125, § 3 provides:

Section 3. W.S. 21-2-202(a)(xxxiv), as in effect prior to the enactment of 2013 Wyoming Session Laws, Chapter 1, is amended to read:

21-2-202 . Duties of the state superintendent.

(a) In addition to other duties assigned by law, the state superintendent shall:

With the department of enterprise technology services, establish criteria for the collection, storage, management and reporting of department of education data related to teacher certification, statewide education accountability and assessment and the administration of the school finance system. In carrying out this paragraph, the state superintendent and the department of enterprise technology services shall develop a data security plan that includes:
1. Guidelines for authorizing access to student data, including authentication of authorized access;
2. Privacy compliance standards;
3. Privacy and security audits;
4. Breach planning, notification and procedures pertaining thereto;
5. Data retention and disposition policies;
6. Data security policies including electronic, physical and administrative safeguards such as data encryption and employee training;
7. Routine and ongoing compliance with the federal Family Educational Rights and Privacy Act (FERPA) and other privacy laws and policies;
8. Prohibition of the sale of student data to private entities or organizations; and
9. All personally identifiable student information being reported to the department of education or the department of enterprise technology by a student's Wyoming student record identification and locator number as issued by the department of education. There is no subparagraph (a)(xix)(I) in this section as it appears in the printed acts. Laws 1997, Sp. Sess., ch. 3, § 201, effective July 1, 1997, provides: “In fulfilling its responsibility imposed by the Wyoming supreme court under Campbell County School District No. 1, et al., v. State of Wyoming, et al., (907 P.2d. 1238, Wyo., 1995), for establishing a school finance system which ensures each Wyoming student an opportunity to receive a proper education and which also assures the availability of adequate school buildings and facilities for the delivery of the proper education, the legislature directs activities and actions specified within this part [Part II of the act] in order to commence the implementation of the finance system and to assist continued development and final completion of this system.” Laws 2003, ch. 208, § 103(a), directs the state department of education, at least once every 5 years, to establish a process to review the adequacy of the staffing guidelines established under W.S. 21-2-202(a)(xxiii). The schedule for the review process is to as nearly as possible coincide with the periodic reconfiguration of the education resource block grant model. Laws 2008, ch. 95, § 503, provides: “(a) To assist school districts with developing distance education programs available from the state network of distance education courses under W.S. 21-2-202(a)(xxxi)(A), as amended by Section 501 of this act, the state superintendent shall establish a grant program available to applicant school districts, community college districts and the University of Wyoming in accordance with this section. Program grants shall be available for development and maintenance of distance education programs delivering the core courses within the required statewide education program, components of the success curriculum required for participation in the Hathaway student scholarship program specified by W.S. 21-16-1307 , dual enrollment courses and for delivering advanced-placement courses. Program grants may be used by grant recipients for addressing necessary professional development requirements, program maintenance and operational needs, accreditation requirements, program evaluation and for other necessary program components to comply with requirements imposed upon distance education programs under W.S. 21-13-330 , as amended by Section 501 of this act. “(b) A process for grant administration under this section shall be established by the state superintendent in sufficient time to enable awarding of grants to applicant school districts, community college districts and the university by not later than August 15, 2008, for use in implementing and operating distance education programs beginning with school year 2008-2009. Notice of the grant program together with necessary application forms and program information shall be provided to school districts, community colleges and the university by May 1, 2008. Evaluation of applications shall be based upon criteria specified under subsection (a) of this section and shall prioritize applications accordingly. Grants amounts for a successful applicant shall at minimum consider the number of students estimated to participate in the program, total program costs and if applicable, historical student success in the program. Application for school year 2009-2010 awards shall commence May 1, 2009, and awards shall be granted by not later than August 15, 2009. “(c) Each grant recipient shall report to the state superintendent on the expenditure of grant amounts awarded under this section, the number of students enrolling in the distance education program receiving grant assistance, the number of students successfully completing the distance education program, the impact of the grant assistance on compliance with W.S. 21-13-330 and an evaluation of the distance education program in addressing student needs. The state superintendent shall compile the reports collected under this subsection and shall by not later than November 1, 2009, report the compilation to the joint education interim committee together with recommendations for program continuation. “(d) The state superintendent shall fund the grant program established under this section from amounts contained within the school foundation program account 2009-2010 biennial budget (Agency 205) for distance learning incentive payments. Expenditures of this appropriation shall be authorized for the period commencing July 1, 2008, and ending June 30, 2010.” Laws 2008, ch. 95, § 505, provides: “For purposes of administering and implementing distance education pursuant to W.S. 21-2-202(a)(xxxi) and 21-13-330, as amended under Section 501 of this act, the department of education shall by rule and regulation establish guidelines prescribing process and procedural requirements for school districts in responding to requests for student participation in distance education programs. The proposed guidelines shall be reported to the joint education interim committee prior to August 31, 2008.” Meaning of “this code.” — The phrase “this code,” as used in this section, apparently refers to the Wyoming Education Code of 1969 (§§ 21-1-101 through 21-13-721 ). Appropriations. — Laws 2006, ch. 115, § 2, provides: “There is appropriated six hundred two thousand eight hundred dollars ($602,800.00) for the fiscal biennium, commencing July 1, 2006 from the school foundation program account to the state superintendent of public instruction for purposes of this act to ensure each Wyoming eleventh grade student is provided an opportunity to take a curriculum based achievement college entrance examination or a jobs skills assessment test at no cost. The state superintendent shall enter into agreements with an administrator of the selected college entrance examination and with an administrator of the selected jobs skills assessment test to ensure each Wyoming eleventh grade student is provided the opportunity to take either one (1) examination or one (1) test at no cost.” Laws 2008, ch. 95, § 504, provides: “Two hundred seventy-five thousand dollars ($275,000.00) is appropriated from the public school foundation program account to the department of education that shall be expended only for the implementation and administration of distance education as authorized under W.S. 21-2-202(a)(xxxi) and 21-13-330, as amended under Section 501 of this act, and for an at-will employee position in accordance with W.S. 9-2-1022(a)(xi)(F). This appropriation shall be for the period commencing on the effective date of this section and ending June 30, 2010.” Conflicting legislation. — Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.” Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.” Quoted in Campbell County Sch. Dist. v. State, 907 P.2d 1238, 1995 Wyo. LEXIS 203 (Wyo. 1995). Cited in Natrona County Sch. Dist. No. 1 v. Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988); Campbell County Sch. Dist. v. Catchpole, 2000 Wyo. LEXIS 147 , 6 P.3d 1275 (Wyo. 2000).

§ 21-2-203. School district data collection and funding model administration; duties and responsibilities specified; data advisory committee; school district compliance.

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.
Repealed by Laws 2006, ch. 37, § 2.
The duties of the department are, in accordance with rules promulgated by the state superintendent, to:
1. 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;
2. 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:
  1. 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 ;
  2. 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;
  3. Use existing data to establish longitudinal data systems as necessary for the statewide education accountability system.
3. 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;
4. 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;
5. 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;
6. 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;
7. 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;
8. Assist the state superintendent in implementing W.S. 21-13-309(m)(v)(D) and assist districts with computations necessary for reporting student career and technical education participation and career and technical education instruction information;
9. Pursuant to W.S. 21-2-202(e), make the education resource block grant model available for public inspection.
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:
1. 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;
2. 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;
3. Serve as ongoing forum for communications between the department and school districts with respect to the administration of the school finance system.
The following shall apply:
1. Repealed by Laws 2020, ch 24, § 2.
2. If a district fails to provide data or reports in compliance with law or rules regarding timeliness, format, completeness or accuracy, without good cause, the state superintendent shall:
  1. 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.
  2. and (C) Repealed by Laws 2005, ch 99, § 2.

History. Laws 1998, ch. 2, § 801; 1999, ch. 110, § 501; 2002 Sp. Sess., ch. 76, § 2; 2003, ch. 164, § 2; 2005, ch. 99, §§ 1, 2; 2006, ch. 37, §§ 1, 2; 2011, ch. 184, § 2; ch. 185, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2017 ch. 61, § 1, effective March 1, 2017; 2020 ch. 24, §§ 1, 2, effective July 1, 2020; 2021 ch. 66, § 1, effective July 1, 2021.

Cross references. —

As to school finance audits and management studies, see § 9-1-513 .

As to career-vocational education program grants, see § 21-12-105 .

The 2005 amendment, effective July 1, 2005, rewrote (e), modifying sanctions imposed upon districts failing to provide required school data and reports.

The 2006 amendment, effective July 1, 2006, substituted “department” for “division” in (a), (c) and (e); in (a), in the first sentence, substituted “department shall collect” for “purpose of this section is to consolidate responsibility for collection of,” substituted “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 ” for “a single entity within the department of education,” deleted “or for school facilities” at the end of the second sentence, in the third sentence, deleted “new” preceding “school,” and inserted “and subsequently modified and recalibrated as required under W.S. 21-13-309 (t)”; repealed former (b), pertaining to the division of data management and reporting; in (c), substituted “advisory committee created under subsection (d) of this section” for “division's advisory committee” in (ii)(B), substituted “21-13-309(m)(v)(D)” for “21-13-329” in (viii); in (d), deleted “to the division” following “establish an advisory committee,” substituted “state superintendent or his designee” for “administrator of the division”; and made related and stylistic changes.

The 2011 amendments. —

The first 2011 amendment, by ch. 184, § 2, added “and the statewide education accountability system established under W.S. 21-2-204 ” in the introductory language of (c)(ii); in (c)(ii)(A), added “including reporting of assessment results required for determination under W.S. 21-2-204 ”; and added (c)(ii)(C).

Laws 2011, ch. 184, § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2011.

The second 2011 amendment, by ch. 185, § 1, effective July 1, 2011, substituted “career-vocational” for “vocational” in (c)(viii); added (c)(ix); and made related changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2013 amendments. —

The first 2013 amendment, by ch. 1, § 2, substituted “director” for “state superintendent” throughout the section; substituted “director” for “state superintendent of public instruction” at the beginning of (d); and deleted “On and after July 1, 2005,” at the beginning of (e).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The second 2013 amendment, by ch. 167, § 2, deleted “teachers of record and relevant” before “school principals” and added “and school district leaders” thereafter in (c)(ii)(C).

Laws 2013, ch. 167, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2015 amendment, substituted “state superintendent” or similar language for “director” throughout.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2017 amendment, effective July 1, 2017, in (c)(ii)(C), deleted “linking student achievement with school principals and school district leaders” following “data systems.”

The 2020 amendment, effective July 1, 2020, repealed (e)(i), which read, “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”; and in the introductory language in (e)(ii), substituted “If a district fails” for “If a district superintendent fails.”

The 2021 amendment , effective July 1, 2021, substituted "career and technical" for "career-vocational" twice in (c)(viii).

2013 amendment unconstitutional. —

§ 21-2-204. Wyoming Accountability in Education Act; statewide education accountability system created.

This section shall be cited as the “Wyoming Accountability in Education Act.”
A statewide education accountability system shall be established by the state board through the department of education in accordance with this section, which implements the components of the education resource block grant model as defined by W.S. 21-13-101(a)(xiv) and as contained in 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 is based on student performance as determined through multiple measures of school performance. The goals of the Wyoming Accountability in Education Act are to:
1. and (ii) Repealed by Laws 2012, ch. 101, § 2.
2. Become a national education leader among states;
3. Ensure all students leave Wyoming schools career or college ready;
4. Recognize student growth and increase the rate of that growth for all students;
5. Recognize student achievement and minimize achievement gaps;
6. Improve teacher, school and district leader quality. School and district leaders shall include superintendents, principals and other district or school leaders serving in a similar capacity;
7. Maximize efficiency of Wyoming education;
8. Increase credibility and support for Wyoming public schools.
School level performance shall be determined by measurement of performance indicators and attainment of student performance as specified by this section. To the extent applicable, each measure shall be aggregated to the school level based upon those grades served inclusive to each school as reported by the respective school district to the department of education. Except as provided in subsection (n) of this section, the indicators of school level performance shall be:
1. Student longitudinal academic growth in English language arts and mathematics as measured by assessments administered under paragraph (ii) of this subsection, beginning in grade four (4) and for all subsequent grades for which a state summative achievement assessment is administered in the immediately preceding grade, including a standardized college readiness test in grade eleven (11);
2. Student academic achievement in English language arts, mathematics and science as measured by:
  1. The statewide assessment administered under W.S. 21-2-304(a)(v) in:
    1. English language arts, and mathematics in grades three (3) through ten (10);
    2. Science in grades four (4), eight (8) and ten (10);
    3. Repealed by Laws 2015, ch. 99, § 2.
  2. Repealed by Laws 2017, Ch. 95, § 3.
3. Repealed by Laws 2016, ch. 113, § 2.
4. Post secondary readiness, as defined to include college readiness and career readiness. School level performance shall be based upon the percentage of students meeting either college or career readiness. College readiness shall be measured by a standardized college entrance examination administered pursuant to W.S. 21-2-202(a)(xxx) in grade eleven (11) and other college readiness indicators as determined by the state board of education in consultation with the state superintendent. Career readiness shall be measured by student performance in accordance with other provisions of this title as determined by the state board of education in consultation with the state superintendent;
5. Readiness, as defined by graduation or high school completion rates;
6. Readiness, as defined by ninth grade credit accumulation;
7. Equity as defined by a measure of academic student growth for students that score below the proficient standard in English language arts and mathematics, subject to a standard for academic progress that is linked to attainment of proficiency within a reasonable period of time. If a school is without a sufficient sequence of assessment scores to support growth computations, another approach to equity may be used subject to approval of the state superintendent;
8. English language proficiency as measured by student longitudinal progress on the Wyoming English language proficiency assessments used to evaluate and monitor the English language proficiency of students identified as English language learners.
The department of education shall compute and report an overall school performance rating measured by student performance on those performance indicators specified under subsection (n) of this section for alternative schools and subsection (c) of this section for all other schools. Any school through its school district may seek informal review of any overall school performance rating or other performance determination in accordance with the following:
1. through (iii) Repealed by Laws 2012, Ch. 101, § 2.
2. Repealed by Laws 2015, ch. 179, § 3.
3. Not later than fifteen (15) days after a school receives its overall performance rating or other performance determination from the department of education, the school district may seek an informal review with the state board. The state board shall make a final determination as to the overall performance rating or other performance determination within thirty (30) days after receipt of the request for review;
4. The state board shall promulgate rules and regulations governing the informal review process before the board as conducted under this subsection. The informal review process shall only examine whether the department properly computed and reported a school’s overall performance rating or other performance determination or whether the school was unable to administer the statewide assessment. The state board may grant an exception to the state’s accountability system requirements for a school for one (1) school year when the school demonstrates that it was unable to administer the statewide assessment for good cause. Except as otherwise provided by this paragraph, the informal review process shall not be used to grant exceptions to the state’s accountability system or change components of the accountability model.
The state board, through the department of education, shall establish long term and interim performance targets for all Wyoming schools for the indicators measured pursuant to subsections (c) and (n) of this section. The performance targets may be developed in consultation with one (1) or more advisory committees of education stakeholders. The state board shall utilize the performance targets in carrying out the duties and the deliberative process required under subsection (f) of this section.
The state board, through the department of education, shall compile, evaluate and determine target levels for an overall school performance rating and for indicator level performance. The board shall execute this determination when a significant aspect of the school accountability system changes through a prescribed deliberative process informed by a panel selected by the state board comprised of broad based representation from both public education and the community at-large. The target levels for school performance shall be used by the state board through the department to:
1. Identify four (4) levels of school performance tied to the overall school performance rating that demonstrate a range of performance levels as follows:
  1. Exceeding expectations including those schools performing above standards in all measured areas;
  2. Meeting expectations;
  3. Partially meeting expectations; and
  4. Not meeting expectations.
2. Further measure performance specified under paragraph (i) of this subsection by identifying indicator level performance in all areas specified by subsection (n) of this section for alternative schools and subsection (c) of this section for all other schools and from this analysis determine schools that are exceeding, meeting or are below targets in each content area;
3. Coordinate the target levels, school and indicator level determinations with the availability of the system of support including comprehensive and targeted support and interventions administered in accordance with subsection (h) of this section.
Repealed by Laws 2013, ch. 195, § 4.
For all schools a progressive system of support and intervention to assist schools shall be established by the state boardthrough the department. The system shall increase the ability of schools and school districts to improve achievement and growth indicator performance and expand the ability for schools and school districts within the state to continuously improve. The system shall clearly identify and prescribe the actions for each level of support, including comprehensive and targeted support and intervention. The state superintendent shall take action based upon system results according to the following:
1. and (ii) Repealed by Laws 2012, ch. 101, § 2.
2. and (iv) Repealed by Laws 2017, ch. 95, § 5.
3. Schools designated as partially meeting expectations shall file an improvement plan with the school district superintendent and the department that identifies and addresses all content and indicator areas where performance is below target levels. The plan shall be based upon an evaluation of the strengths and deficiencies of specific indicator scores that identifies appropriate improvement goals with an explanation of the measures and methods chosen for improvement, the processes to be implemented to deliver the improvement measures, identification of relevant timelines and benchmarks and an articulation of the process for measuring success of the methods chosen to increase performance.The plan shall also include review of the design and implementation of the district’s leader evaluation system developed pursuant to W.S. 21-2-304(b)(xvi) and 21-3-110(a)(xxx). The state superintendent shall appoint a representative in accordance with paragraph (vii) of this subsection to monitor the school’s progress towards meeting the specified goals and implementation of the processes, measures and methods as contained in the school’s plan. The representative shall assist the district in identifying and securing the necessary resources to support the goals as stated by the school and the district. Failure to meet improvement goals as specified in the plan for two (2) consecutive years may require that the school be subject to paragraph (vi) of this subsection;
4. Schools designated as not meeting expectations shall file an improvement plan in accordance with paragraph (v) of this subsection that identifies and addresses all content and indicator areas where performance is below target levels. The plan shall include review of the design and implementation of the district’s leader evaluation system developed pursuant to W.S. 21-2-304(b)(xvi) and 21-3-110(a)(xxx). In addition, the evaluation of a district’s student assessment system as provided by paragraph (vii) of this subsection may be undertaken in that school year immediately following any school year in which a school within the district has been designated as not meeting expectations. The state superintendent shall appoint a representative in accordance with paragraph (vii) of this subsection to assist in drafting the improvement plan, including the selection of programs and interventions to improve student performance. The representative shall perform duties as required by paragraph (v) of this subsection. The plan shall be recommended by the school district superintendent and approved by the local board of trustees prior to submission to the department. The plan shall describe the personnel and financial resources within the education resource block grant model as defined by W.S. 21-13-101(a)(xiv) necessary for implementation of the measures and methods chosen for improvement and shall specify how resources shall be reallocated, if necessary, to improve student performance;
5. A representative shall be appointed by the state superintendent, in consultation with the local board of trustees, for all schools designated under paragraphs (v) and (vi) of this subsection to serve as a liaison between the school district leadership and the department. The representative shall be an employee of the department, an employee of a Wyoming school district or any combination, and may require more than one (1) individual for schools requiring substantial intervention and support. Additionally, one (1) representative may be assigned to more than one (1) school. Among other duties as may be requested by the district or department, the representative shall review and provide suggestions on the improvement plans submitted by schools in accordance with paragraphs (v) and (vi) of this subsection, and may review and evaluate district student assessment systems implemented under W.S. 21-3-110(a)(xxiv) to ensure alignment with the uniform state education standards. After one (1) year of a school not meeting expectations under paragraph (vi) of this subsection, approval of the improvement plan by the representative appointed under this subsection shall be required. Requested resources for improvement plan implementation, or the reallocation of existing resources for plan implementation, shall be based upon a comprehensive review of the available research. Justification for resource allocation or reallocation shall be incorporated within the written improvement plan. The representative shall possess expertise appropriate to particular strategies incorporated within improvement plans to enable necessary plan evaluation, and shall be commensurate with the level of intervention and support to be administered under this subsection. The state superintendent shall annually report to the state board on the progress of each school in meeting annual goals and overall improvement targets, fully describing the effectiveness and deficiencies of efforts to improve school performance in performance categories prescribed by this section;
6. To the extent permitted by law and rule and regulation, plans submitted in compliance with paragraphs (v) and (vi) of this subsection shall serve to comply with similar requirements administered by the state superintendent and the department, and the state board shall ensure the plans minimize submission of duplicative information, material and the administrative burdens placed upon schools. In addition, the following shall apply to the plans submitted under this subsection:
  1. All plans submitted under this subsection shall be made available for public inspection through internet access as defined by W.S. 9-2-3219(a)(iii);
  2. Schools designated as partially meeting expectations under paragraph (v) of this subsection or designated as not meeting expectations under paragraph (vi) of this subsection shall file the required improvement plan the first year of designation and submit yearly updates on the progress towards the goals and strategies outlined in the improvement plan so long as the school maintains the same performance designation.
7. In addition to paragraphs (v) through (viii) of this subsection, the state board shall administer this subsection as part of school district accreditation required under W.S. 21-2-304(a)(ii), through appropriate administrative action taken in accordance with W.S. 21-2-304(b)(ii).
Measured performance results obtained and collected pursuant to this section, together with subsequent actions responding to results, shall be combined with other information and measures maintained and acquired under W.S. 21-2-202(a)(xxi), 21-2-304(a)(v)(H), 21-3-110(a)(xxiv) and otherwise by law, to be used as the basis of a statewide system for providing periodic and uniform reporting on the progress of state public education achievement compared to established targets. The statewide accountability system shall include a process for consolidating, coordinating and analyzing existing performance data and reports for purposes of aligning with the requirements of this section and for determinations of student achievement incorporated into the statewide system. In establishing a reporting system under this subsection, the department shall describe the performance of each public school in Wyoming. The performance report shall:
1. Include an overall school performance rating along with ratings for each of the indicators and content levels in the accountability system that:
  1. Supports the overall school performance rating; and
  2. Provides detailed information for analysis of school performance on the various components of the system.
2. In a manner to maintain student confidentiality, be disaggregated as appropriate by content level, target level, grade level and appropriate subgroups of students. For purposes of this paragraph, reported subgroups of students shall include at minimum, economically disadvantaged students, English language learners, identified racial and ethnic groups, students with a parent or guardian who is a member of the armed forces of the United States whether full-time or part-time, students with disabilities and full-time virtual education students;
3. Provide longitudinal information to track student performance on a school, district and statewide basis;
4. Include, through the use of data visualization techniques, the development of longitudinal student-level reports of assessment and other relevant readiness indicators that provide information to parents, teachers and other school personnel regarding student progress toward college and career readiness and other relevant outcomes. These reports shall be maintained by the district in each student’s permanent record within the district’s student data system; and
5. Provide valid and reliable data on the operation and impact of the accountability system established under this section for use by the legislature to analyze system effectiveness and to identify system improvements that may be necessary.
Not later than September 1 of each year, or November 1 in years in which there is a significant change to the statewide assessment system or the statewide accountability system, as determined by the state board, the state board through the state superintendent shall report to the joint education interim committee the results of the accountability system for each school in the state. In addition, beginning with the 2020-2021 school year, after any significant change to the statewide assessment system or the statewide accountability system as determined by the state board, the state board may evaluate the state’s accountability system to ensure that:
1. System components remain reliable, valid and fair;
2. System stakeholders receive, understand and use accountability information to improve student outcomes; and
3. The system remains as stable as possible.
As used in this section:
1. “Alternative school” means a school approved under W.S. 21-13-309(m)(v)(B);
2. Repealed by Laws 2019, ch. 109, § 2.
For alternative schools, the indicators of school level performance shall be:
1. Academic achievement and growth;
2. Readiness for college and careers;
3. Measures of school quality including climate;
4. Measures of engagement including implementation of student success plans.

History. Laws 2011, ch. 184, § 1; 2012, ch. 101, §§ 1, 2; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2015 ch. 99, §§ 1, 2, effective March 2, 2015; 2015 ch. 179, §§ 1, 2, 3, effective March 9, 2015; 2016 ch. 113, § 1, 2, effective July 1, 2017; 2017 ch. 61, § 1, effective March 1, 2017; 2017 ch. 95, §§ 1 – 3, 5, effective July 1, 2017; 2017 ch. 193, § 1, effective July 1, 2017; 2018 ch. 64, § 1, effective July 1, 2018; 2018 ch. 69, § 1, effective July 1, 2018; 2019 ch. 109, §§ 1, 2, effective February 26, 2019; 2021 ch. 56, § 3, effective April 1, 2021.

The 2012 amendment, rewrote the introductory language, which formerly read: “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”; repealed former (b)(i) and (ii), which read: “(i) School level performance in third through eighth and eleventh grade reading; and (ii) Additional secondary school level outcomes”; added (b)(iii) through (ix); rewrote (c), which formerly read: “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”; rewrote the introductory language of (d), which read: “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”; repealed former (d)(i) through (iii) pertaining to 2011-2012 combined school score for student performance in the core indicators specified under subsection (b); added present (d)(i) through (iii); rewrote (e), which formerly read: “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”; rewrote the introductory language of (f), which formerly read: “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”; repealed former (f)(i) and (ii) pertaining to failure to meet school improvement targets; added (f)(iii) through (viii) and redesignated former (f)(iii) as (f)(ix); substituted “paragraphs (iii) through (viii)” for “paragraph (ii)” in (f)(ix); rewrote (h), which formerly read: “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”; and added (j) and (k).

Laws 2012, ch. 101 § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

The 2013 amendments. —

The first 2013 amendment, by ch. 1, § 2, substituted “director” for “state superintendent” throughout the section.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The second 2013 amendment, by ch. 150, § 1, effective July 1, 2013, in (d)(v), substituted “decision” for “determination” and “paragraph (i)” for “paragraph (iv)” in (d)(v).

The third 2013 amendment, by ch. 195, §§ 1, 2, 4, added “through the department of education” in (b); rewrote (c)(iv); added (c)(vii); substituted “2013-2014” for “2012-2013” in (d); in (e), added “through the department of education” at the beginning and added “the department” at the end; substituted “department” for “state board” in (h); added “and content levels” in (i); and in (j), substituted “2014-2015” for “2013-2014,” added “though the director,” and substituted “2015” for “2014”; repealed (g) which read: “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.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2015 amendments. — The first 2015 amendment, by ch. 30, § 1, substituted “state superintendent” for “director” in (c)(vii), the last sentence in the introductory language of (f), (f)(iv) through (f)(viii), and (j); and substituted “state board” for “director” in the first sentence in the introductory language of (f).

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The second 2015 amendment, by ch. 99, § 1, in the introductory language of (c)(ii), substituted “mathematics and science” for “mathematics, science and writing and language.”

Laws 2015, ch. 99, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

The third 2015 amendment, by ch. 179, §§ 1, 2, and 3, in (d)(v), substituted “fifteen (15)” for “thirty (30)”, “school receives its final rating… education” for “decision has been issued by the panel under paragraph (iv) of this subsection” and “thirty (30)” for “sixty (60)”; in (d)(vi) deleted “both the panel and”, in (e), inserted “The board shall execute” and deleted “by the board shall be developed” in the introduction.; in (f)(iv) - (f)(vi), deleted “from the department”, in (f)(vi), inserted the second line and deleted “Failure to meet improvement goals as specified in the plan for two (2) consecutive years may be grounds for dismissal of the school principal”, in (f)(vii) inserted “in consultation with the local board of trustees,” “, and may review and evaluate… shall be required.” And substituted “provide suggestions on the” for “approve.”

Laws 2015, ch. 179, §§ 1 and 2, make the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyo. Const. Approved March 9, 2015.

The 2016 amendments. — The first 2016 amendment, by ch. 113 § 1, effective July 1, 2017, substituted “English language arts” for “reading” throughout; in (c)(A)(I), substituted “ten (10)” for “eight (8)”; in (c)(A)(II), substituted “eight (8) and ten (10)” for “and eight (8)”; in (c)(iv), deleted 'achievement” following “standardized” ; and made a stylistic change.

The second 2016 amendment, by ch. 113 § 2, effective July 1, 2017, repealed former (c)(iii), which read: "Readiness, as defined by a standardized college readiness test covering English, reading, mathematics and science, with school level results aggregated according to a procedure in which values and weights are determined by a deliberative method tied to specific definitions of post secondary readiness, administered in grades nine (9) and ten (10)."

The 2017 amendments. — The first 2017 amendment, by ch. 61, § 1, effective, July 1, 2017, inserted “The plan shall include review of the design and implementation of the district's leader evaluation system developed pursuant to W.S. 21-2-304(b)(xvi) and 21-3-110(a)(xxx).” in (h)(v) and (h)(vi).

The second 2017 amendment, by ch. 95, § 1, effective July 1, 2017, added (c)(viii); added (e) and redesignated the remaining subsections accordingly; substituted “indicator level” for “content level” throughout the section; deleted “and consequences” or variants throughout the section; in (f), added “when a significant aspect of the school accountability system changes or based upon periodic review of the system that requires evaluation of the target and indicator levels for school performance ratings” in the second sentence; added “including comprehensive and targeted support and” in (f)(iii) and the introductory language of (h); rewrote (h)(v); in (h)(vi) substituted “paragraph (v)” for “paragraph (iv)” in the first sentence; in (h)(vii), substituted “paragraphs (v) and (vi)” for “paragraphs (iv) through (vi)” in the first and third sentences; in (h)(viii), substituted “paragraphs (v) and (vi)” for “paragraphs (iii) through (vi)”, added “In addition, the following shall apply to the plans submitted under this subsection”, and added (h)(viii)(A) and (h)(viii)(B); in (h)(ix) substituted “paragraphs (v)” for “paragraphs (iii)”; and made numerous related changes.

The third 2017 amendment, by ch. 95, § 2, effective July 1, 2017, in (c)(i), added “and for all subsequent grades for which a state summative achievement assessment is administered in the immediately preceding grade, including a standardized college readiness test in grade eleven (11)”; rewrote (c)(iv); and in (c)(vii) substituted “students that score below the proficient standard” for “nonproficient students” and made a stylistic change.

The fourth 2017 amendment, by ch. 95, § 3, effective July 1, 2017, deleted (c)(ii)(B) which read “A standardized college readiness test in grade eleven (11).”

The fifth 2017 amendment, by ch. 95, § 5, effective July 1, 2017, deleted (h)(iii) which read: “Schools designated as exceeding expectations shall file a communication plan with the school district superintendent and the department to document effective practices and to communicate effective practices with other schools in the state”; and deleted (h)(iv) regarding schools designated as meeting expectations.

The sixth 2017 amendment, by ch. 193, § 1, effective July 1, 2017, in (h)(ii) added “and full-time virtual education students” at the end and made a related change.

While none of the amendments gave effect to the others, all have been set out as reconciled by the legislative service office.

The 2018 amendments. — The first 2018 amendment, by ch. 64, § 1, effective July 1, 2018, in (j)(ii), inserted “students with a parent or guardian who is a member of the armed forces of the United States whether full-time or part-time” following “ethnic groups.”

The second 2018 amendment, by ch. 69, § 1, effective July 1, 2018, added “For all schools other than alternative schools” in (e), (f), and (h); in (c), added “Except as provided in subsection (n) of this section” in the beginning of the last sentence; in (d), inserted “subsection (n) of this section for alternative schools and” and added “for all other schools” in the first sentence; in (e), substituted “subsections (c) and (n)” for “subsection (c) and added the third sentence; in (f), added the fourth sentence and added “The target levels for school performance” at the beginning of the last sentence; in (f)(ii), inserted “subsection (n) of this section for alternative schools and” following “areas specified by” and “for all other schools” following “(c) of this section”; in (h), added the second sentence; added (m)(i); redesignated former ending text of (m) as (m)(ii); added (n); and made stylistic changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2019 amendments.—

The first 2019 amendment, by ch. 109 § 1, in the introductory language in (d), deleted "Beginning in school year 2013-2014, and each school year thereafter," in (d)(v), substituted "overall performance rating" for "final rating" in the first sentence, and "overall performance rating" for "performance rating" in the second sentence, in (d)(vi), added the second through fourth sentences; in (e), substituted "The performance targets may be developed in consultation with one (1) or more advisory committees of education stakeholders" for "For all schools other than alternative schools, the performance targets shall conform to the January 2012 education accountability report as defined by subsection (m) of this section. For alternative schools, the state board, through the department, shall establish appropriate performance targets"; in the introductory language in (f), substituted "determine target levels" for "determine the target levels," substituted "through a prescribed deliberative process informed by a panel selected by the state board comprised" for "or based upon periodic review of the system that requires evaluation of the target and indicator levels for school performance ratings through a prescribed deliberative process informed by a panel comprised," and deleted the third and fourth sentences, which read: "For all schools other than alternative schools, the target levels for school performance on all performance indicators measured under subsection (c) of this section shall conform to the January 2012 education accountability report as defined by subsection (m) of this section. For alternative schools, the state board, through the department, shall establish appropriate target levels for school performance on all performance indicators measured under subsection (n) of this section"; in (h), substituted "a progressive system of support and intervention to assist schools shall be established by the state board through the department. The system shall increase the ability of schools and school districts to improve achievement and growth indicator performance and expand the ability for schools and school districts within the state to continuously improve" for "other than alternative schools, a progressive multi-tiered system of support and intervention to assist schools shall be established by the state board, and shall conform to the January 2012 education accountability report as defined by subsection (m) of this section. For alternative schools, the state board, through the department, shall establish an appropriate progressive multi-tiered system of support and intervention" and deleted "Commencing with school year 2014-2015, and each school year thereafter"; in the present introductory language in (k), deleted the first sentence, which read: "Beginning school year 2014-2015, and each school year thereafter, the state board shall through the state superintendent, annually review the statewide education accountability system, including but not limited to a review of the appropriateness of the performance indicators, the measures used to demonstrate performance, the methods used to calculate school performance, the target levels and statewide, district and school attainment of those levels and the system of support and intervention," substituted "Not later than September 1 of each year, or November 1 in years in which there is a significant change to the statewide assessment system or the statewide accountability system, as determined by the state board, the state board through the state superintendent shall report to the joint education interim committee" for "Not later than September 1, 2015, and each September 1 thereafter, the state board shall report to the joint education interim committee on the information required under this subsection and," added the last sentence and (k)(i) through (k)(iii); in (n), deleted "Beginning school year 2018-2019 and each school year thereafter" at the beginning, and made related changes.

The second 2019 amendment, by ch. 109 § 2, repealed (m)(ii), which read: "The `January 2012 education accountability report' means the report prepared by legislative consultants submitted to and approved by the legislature that addresses phase one of the statewide accountability in education system and establishes the design framework for this system. The report is on file with and available for public inspection from the legislative service office."

The 2021 amendment substituted "9-2-3219(a)(iii)" for "9-2-1035(a)(iii)" in (h)(viii)(A).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Editor's notes. —

Laws 2011, ch. 182 §§ 3 and 4 provide:

“Section 3. (a) If 2011 Senate File 70 is enacted into law, the select committee on statewide educational accountability established under 2011 Senate File 70 shall study the use of the statewide accountability system for use in annual teacher evaluations. The select committee shall be assisted by the advisory committee created under 2011 Senate File 70 to provide information to the select committee as it deems necessary to carry out this section.

“(b) The select committee created under 2011 Senate File 70 shall, if 2011 Senate File 70 is enacted, recommend changes to the teacher accountability act established under Section 1 of this act which will provide a consistent, reliable and clearly defined evaluation process to measure teacher performance based upon growth in student performance.”

“Section 4. (a) This act shall be cited as the teacher accountability act.

“(b) The Wyoming legislature finds:

“(i) That under current law, teachers achieve continuing contract status after three (3) continuous years of employment with a Wyoming school district, giving teachers tenure. A fundamental premise of tenure is to protect competent teachers from arbitrary termination for reasons unrelated to teaching performance;

“(ii) In the absence of clear, coherent criteria to measure job performance to terminate teachers determined to be inadequately performing their duties, tenure has become a guarantee of employment;

“(iii) Wyoming school districts have expressed frustration with the difficulty in removing nonperforming teachers from the classroom, describing the process as complex, time consuming and legally challenging;

“(iv) The Wyoming teacher contract law should provide protection to performing teachers and ensure that a struggling teacher has a fair opportunity to improve performance;

“(v) Current law goes beyond the intended purpose of tenure and provides an obstacle to removing nonperforming teachers and thereby serves to protect jobs for nonperforming teachers at the expense of student performance. This, in turn, creates higher demands on performing teachers to remediate lagging student performance.

“(b) Based upon these findings, the Wyoming teacher accountability act places emphasis on a teacher performance evaluation system based upon student achievement for use by school district boards of trustees in determining teacher contract performance and status. The basis for the performance evaluation system shall be built upon the educational accountability system and the assessments and measures within the accountability system identified by law to measure student achievement and the effectiveness of classroom teachers in improving student achievement.”

Appropriations. —

Laws 2011, ch. 182, § 5, provides:

“Prior to November 1, 2011, the joint appropriations interim committee shall review the fiscal impact of this act upon the office of administrative hearings and develop necessary recommendations to the legislature for funding the requirements of this act in establishing the 2013-2014 biennial budget for this office. Not later than September 1, 2011, the office of administrative hearings shall report to the committee on its analysis of the placement of teacher dismissal, suspension and termination hearings under this office, and evaluate the placement of this function as a responsibility for this office.”

Effective dates. —

Laws 2011, ch. 184, § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2011.

Laws 2019, ch. 109 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

2013 amendment unconstitutional. —

Article 3. State Board of Education

Am. Jur. 2d, ALR and C.J.S. references. —

68 Am. Jur. 2d Schools §§ 59 to 79, 99 to 133.

78 C.J.S. Schools and School Districts §§ 81 to 84, 196 to 203.

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

There is created a state board of education composed of fourteen (14) members, eleven (11) of whom shall be appointed members with at least one (1) member appointed from each appointment district pursuant to W.S. 9-1-218 . Appointments from each appointment district shall be rotated among the several counties comprising the district. The remaining voting member of the board shall be the state superintendent of public instruction. The executive director of the Wyoming community college commission and the president of the University of Wyoming, or their designees, shall be ex-officio members and shall not have the right to vote. One (1) appointed member shall be appointed at large and shall be a certified classroom teacher at the time of appointment. One (1) appointed member shall also be appointed at large and shall be a certified school administrator at the time of appointment. Two (2) appointed members shall be appointed at large and shall be representative of private business or industry in Wyoming. On and after March 1, 2013 and upon expiration of their respective terms, the appointments of the two (2) members previously designated to be representative of business or industry shall be at large, one (1) a representative of Wyoming private business or industry and one (1) a member of a school district board of trustees at the time of appointment. The first appointment to the term of such member which expires on or after March 1, 2013, shall be a school district board member at the time of appointment. The remaining seven (7) appointed members of the board shall be appointed from among the lay citizens of the state who are electors of the state, known for their public spirit, business or professional ability and interest in education. Not more than seventy-five percent (75%) of the appointed members of the board shall be from one (1) political party. Members shall be appointed for six (6) year terms, except those who may be appointed to fill unexpired terms. Members shall be appointed by the governor with the approval of the senate. Vacancies shall be filled by the governor without senate approval until the next session of the legislature. No member is eligible to reappointment, except any member appointed to fill an unexpired term of less than six (6) years may be reappointed for one (1) additional six (6) year term. Appointed members of the board may be removed by the governor as provided in W.S. 9-1-202 .
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.
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.

History. Laws 1919, ch. 127, § 4; C.S. 1920, § 2331; R.S. 1931, § 99-104; C.S. 1945, § 67-104; W.S. 1957, § 21-4; Laws 1959, ch. 109, § 1; 1967, ch. 96, § 1; 1969, ch. 111, § 11; Rev. W.S. 1957, § 21.1-11; Laws 1977, ch. 21, § 2; 1987, ch. 175, § 1; 1990, ch. 122, § 1; 1996, ch. 28, § 1; 2006, ch. 43, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2013 ch. 51, § 1, effective July 1, 2013; 2014 ch. 92, § 4, effective July 1, 2014; 2015 ch. 30, § 1, effective February 25, 2015; 2016 ch. 119, § 1, effective July 1, 2016; 2017 ch. 8, § 1, effective July 1, 2017.

The 2006 amendment, in (a), substituted “appointed” for “other” and made similar changes throughout, substituted “twelve (12) voting members, eleven (11) of whom shall be appointed members, with at least one (1) member appointed” for “eleven (11) members, at least one (1) of whom shall be,” inserted the second sentence, deleted the last sentence which read: “The state superintendent shall be ex officio a member of such board and shall not have the right to vote”; added (c); and made related and stylistic changes.

Laws 2006, ch. 43, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

The 2013 amendments. —

The first 2013 amendment, by ch. 1, § 2, in (a), substituted “thirteen (13)” for “twelve (12)”, added “voting” preceding “appointed members”, substituted “members” for “voting member” in the second sentence, added “and the director of the state department of education” at the end of the second sentence, and added the third sentence; and in (c), added “and the director” preceding “shall not”, and deleted “or vote on” after “deliberations on”.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The second 2013 amendment, by ch. 51, § 1, in (a), added the second, seventh and eighth sentences, and deleted “and the term expires on or after January 1, 1996,” following “less than six (6) years”.

Laws 2013, ch. 51, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2014 amendment, by ch. 92, § 4, in the first sentence of (a), substituted “thirteen (13” for “twelve (12)”; and added the fourth sentence in (a).

Laws 2014, ch. 92, § 4 superseded alternative provisions in section 2 of the act and became effective July 1, 2014, upon the Governor's certification of the issuance of a final court order as specified in section 5(b)and (c) of the act.

The 2015 amendment, in (c), deleted “and the director” following “superintendent of public instruction,” and inserted “or vote on.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2016 amendment, effective July 1, 2016, substituted “seventy-five percent (75%) of the” for “six (6)” following “Not more than” toward the end of (a).

The 2017 amendment, effective July 1, 2017, in (a), substituted “fourteen (14) members” for “thirteen (13) members” in the first sentence, and substituted “and the president of the University of Wyoming, or their designees, shall be ex-officio members” for “shall be an ex-officio member” in the third sentence.

Editor's notes. —

Laws 2016, ch. 119 § 3, provides: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

Stated in

Wyoming State Dep't of Educ. v. Barber, 649 P.2d 681, 1982 Wyo. LEXIS 374 (Wyo. 1982).

§ 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.

History. Laws 1969, ch. 111, § 12; W.S. 1957, § 21.1-12; 1994, ch. 17, § 1.

Applied in

Wyoming State Dep't of Educ. v. Barber, 649 P.2d 681, 1982 Wyo. LEXIS 374 (Wyo. 1982).

§ 21-2-303. Expenses.

All appointed members of the state board shall receive compensation, per diem, and mileage for actual time spent in performance of their duties and traveling expenses while in attendance, and going to and from board meetings in the same manner and amount as members of the Wyoming legislature.

History. Laws 1919, ch. 127, § 12; C.S. 1920, § 2339; R.S. 1931, § 99-110; Laws 1945, ch. 107, § 1; C.S. 1945, §§ 67-110, 67-111; W.S. 1957, § 21-10; Laws 1969, ch. 111, § 13; Rev. W.S. 1957, § 21.1-13; Laws 1994, ch. 17, § 1; 2006, ch. 43, § 1; 2013 ch. 195, § 1, effective March 13, 2013.

The 2006 amendment substituted “appointed” for “voting.”

Laws 2006, ch. 43, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

The 2013 amendment, rewrote the section.

§ 21-2-304. Duties of the state board of education.

History. Laws 1919, ch. 127, §§ 15, 17, 24, 26, 28, 29; C.S. 1920, §§ 2342, 2344, 2351, 2353, 2355, 2356; R.S. 1931, §§ 99-113, 99-115, 99-122, 99-124, 99-126, 99-127; C.S. 1945, §§ 67-114, 67-116, 67-123, 67-125, 67-127, 67-128; W.S. 1957, §§ 21-13, 21-15, 21-22, 21-24, 21-26, 21-27; Laws 1959, ch. 109, §§ 3, 5-7; 1969, ch. 111, § 14; Rev. W.S. 1957, § 21.1-14; Laws 1971, ch. 244, § 1; 1974, ch. 16, § 2; 1975, ch. 152, § 1; 1977, ch. 56, § 1; 1985, ch. 122, § 1; 1987, ch. 190, §§ 2, 5; 1990, ch. 122, § 1; 1992, ch. 65, § 1; 1993, ch. 56, § 1; ch. 217, § 3; ch. 219, § 1; 1994, ch. 17, §§ 1, 2; 1997, Sp. Sess., ch. 3, §§ 301(a), 302; 1999, ch. 188, § 1; 2002 Sp. Sess., ch. 58, § 1; 2004, ch. 109, § 1; 2006, ch. 34, § 2, ch. 114, § 1; 2011, ch. 182, § 1, ch. 184, §§ 2, 3; 2012, ch. 101, §§ 1, 2; 2013 ch. 1, § 2, effective January 29, 2013; 2013 ch. 167, §§ 1, 2, effective March 13, 2013; 2013 ch. 195, §§ 1, 2, effective March 13, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2015 ch. 99, § 1, effective March 2, 2015; 2015 ch. 122, § 1, effective July 1, 2015; 2015 ch. 179, §§ 2, 3, effective March 9, 2015; 2016 ch. 113, § 1, effective July 1, 2017; 2017 ch. 61, § 1, § 2, effective July 1, 2017; 2017 ch. 95, § 1, effective July 1, 2017; 2017 ch. 193, § 1, effective July 1, 2017; 2018 ch. 69, § 1, effective July 1, 2018; 2018 ch. 123, § 1, effective July 1, 2018; 2019 ch. 84, § 1, effective July 1, 2019; 2019 ch. 109, § 1, effective February 26, 2019; 2021 ch. 66, § 1, effective July 1, 2021; 2021 ch. 82, § 1, effective July 1, 2021.

Cross references. —

As to powers and duties with respect to children with disabilities, see § 21-2-502 .

As to approval of cooperative educational services agreements, see § 21-20-104 .

The 2004 amendment, effective July 1, 2004, rewrote (a)(v), specifying requirements for the statewide assessment of student performance; and added (a)(vi), establishing a statewide accountability system for the state, school districts and schools with respect to student performance.

The 2006 amendments. —

The first 2006 amendment by ch. 34, § 2, effective July 1, 2006, repealed former (b)(x), which read, “License private schools as provided under W.S. 21-2-401 through 21-2-407 .”

The second 2006 amendment by ch. 114, § 1, substituted “21-3-110(a)(xxiv)” for “21-3-110(a)(xxii)” in (a)(iv).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Pursuant to the conflicting laws provision in ch. 114, both have been given effect in the section as set out above.

The 2011 amendments. —

The first 2011 amendment, by ch. 182, § 1, effective July 1, 2012, rewrote (b)(xv), basing teacher performance evaluations on student achievement, and providing opportunities for mentoring and other professional development activities to unsatisfactory teachers.

The second 2011 amendment, by ch. 184, §§ 2 and 3, in (a)(ii), added “and implement and enforce the statewide education accountability system pursuant to W.S. 21-2-204 ,” and added the present last sentence; in the introductory language of (a)(v), added the present second sentence, and added “attaining student achievement targets for core indicators established under W.S. 21-2-204 ” in the present third sentence; in (a)(v)(B), deleted “writing” after “performance in reading,” deleted “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,” and deleted the former last sentence which read: “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”; in (a)(v)(D), added “link student performance and progress to teachers of record,” and added “and shall be sufficient to capture necessary data to enable application of measures of core indicators as required under W.S. 21-2-204”; in (a)(v)(E), deleted “and open-ended testing such as constructed-response, extended-response and performance-based tasks” after “multiple choice”; in (a)(v)(H), deleted “teaching and” after “to enhance,” added “as well as school level achievement targets,” added “In addition to reporting requirements imposed under W.S. 21-2-204,” substituted “required under W.S. 21-2-204” for “This design for improvement shall be part of each district's school improvement plan,” added the present fourth sentence, added “subject to W.S. 21-2-204,” substituted “annually report to the legislature as required under W.S. 21-2-204” for “from each district, annually report to the legislature on student performance at specified grade levels and on school improvement plans,” and made stylistic and related changes; substituted (a)(vi) for the former introductory language of former (a)(vi), which read: “Effective school year 2005-2006 and each school year thereafter, through the state superintendent and in consultation and coordination with local school districts, by rule and regulation establish a statewide accountability system providing annual accountability determinations for all schools and school districts imposing a range of educational consequences resulting from accountability determinations whereby”; repealed former (a)(vi)(A) through (a)(vi)(E), which read: “The continuous improvement of student achievement at all schools and appropriate educational interventions fostering continuous improvement serve as the basis for statewide accountability system design; (B) Annual accountability determinations within the system are made for each school based upon adequate yearly progress measures defined by the federal No Child Left Behind Act of 2001, as may be subsequently amended, and the school's progress in improving student achievement as measured by adequate yearly progress data and by data from the district's body of evidence assessment system required under W.S. 21-3-110(a)(xxiv) and from other related sources which improve the reliability of accountability determinations as prescribed by rule and regulation of the board; (C) To the extent possible, appropriate consequences resulting from accountability determinations are made subject to the discretion of school districts. The system shall establish a range of consequences which increase in the degree of intensity over time, with significant interventions imposed only upon repeated failure to meet school improvement and performance criteria over a consecutive period of time; (D) Teacher and administrator quality and student remediation are the focus of consequences imposed upon schools failing to meet school improvement and performance criteria and target levels; (E) A range of rewards is provided to schools meeting school improvement and performance criteria at levels set by the state board”; added (a)(vii); in (b)(ii), added “together with student performance indicators established and measured pursuant to W.S. 21-2-204; and in (b)(xiv), added “Based upon student performance levels determined under W.S. 21-2-204,” and made related changes.

Laws 2011, ch. 184, § 8 provides: “(a) Except as provided by subsection (b) of this section, this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2011.

“(b) Notwithstanding subsection (a) of this section, W.S. 21-2-304(a)(v)(B) and (E), as amended by section 2 of this act, is effective July 1, 2012.”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2012 amendment, effective July 1, 2012, in the introductory language of (a)(iv), inserted the present first and third sentences and “The board shall also” at the beginning of the second sentence, and deleted “body of evidence” following “each district's” in the second sentence; substituted “performance” for “core” in (a)(v); rewrote (a)(v)(B), which formerly read: “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”; rewrote (a)(v)(D), which formerly read: “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 ”; rewrote (a)(v)(E), which formerly read: “Include multiple measures and item types including grade appropriate multiple choice to ensure alignment to the statewide student content and performance standards”; in (a)(v)(H), inserted “growth and readiness” in the first sentence, substituted “each school district's assessments” for “school district's annual assessment” in the third sentence, and substituted the fourth sentence for the former one which read: “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 (a)(vi), inserted the present second and third sentences, and inserted “and supports” in the last sentence; repealed former (a)(vii), pertaining to statewide standards; rewrote (b)(xv), which formerly read: “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”; and added (b)(xvi) and redesignated former (b)(xvi) as (b)(xvii).

The 2013 amendments. —

The first 2013 amendment, by ch. 1, § 2, added “or the director” at the end of (a)(i); and substituted “director” for “state superintendent” throughout the section.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The second 2013 amendment, by ch. 167, §§ 1, 2, in (b)(xv), in the first sentence, substituted “2016” for “2013,” substituted “a comprehensive school district” for “an annual school district” and “language beginning “and upon measures of professional practice” for “linking student achievement with teachers of record” at the end, and in the second sentence, added “performance, effective performance, performance in need of improvement” before “and ineffective performance” and deleted “and define teacher of record for purposes of the teacher and school district leader evaluation and accountability system” thereafter; and in (b)(xvi), substituted “2015” for “2013” and “a comprehensive performance” for “an annual performance” in the first sentence and added the language beginning “be based in part upon defined student academic performance measures” and ending “meet the individual needs of the district and shall”; in (a)(v)(D), substituted “by school year 2015-2016, link student performance and progress” for “an not later than school year 2013-2014, link student performance and progress to teachers of record” in the first sentence, and in the second sentence, deleted “integrity of” before “student performance,” substituted “are valid for the purposes for which they are being used, including valid year-to-year comparisons of student and school level results” for “to enable valid year-to-year comparisons” and substituted “produce” for “capture.”

The third 2013 amendment, by ch. 195, §§ 1, 2, added “reading and mathematics for” in the first sentence, rewrote the third sentence, and added “through the department” at the beginning of the fourth sentence; in (a)(v)(E), in the first sentence, substituted “Use only multiple choice items” for “Include multiple measures” and deleted “including multiple choice items” after “performance standards”; and in (a)(vi), added “and equity” in the second sentence, added “through the director” in the third sentence, and made stylistic and related changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2015 amendments. — The first 2015 amendment, by ch. 30, § 1, substituted “state superintendent” for “director” in (a)(v), (a)(vi), (b)(ii), and (b)(xvii); in (a)(i), deleted “or the director” at the end; and in the third sentence in (a)(vi), deleted “through the director” following “The state board” and made a related change.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The second 2015 amendment, by ch. 99, § 1, in (a)(v)(B), deleted the third sentence through the end; in (a)(v)(E), deleted the former last sentence; and made related changes.

Laws 2015, ch. 99, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2015.

The 2015 third amendment, by ch. 122, § 1, effective July 1, 2015, in (c), substituted “nine (9) years” for “five (5) years” in the first sentence, inserted the present second sentence, added “The state board” at the beginning, inserted “formal” and “of the student content and performance standards” in the present third sentence, and made related changes.

The fourth 2015 amendment, by ch. 179, § 2, in (a)(iii), added “of” and deleted “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).” in the second sentence, rewrote (a)(iv), in (b)(xv) substituted “2019” for “2016” and in (b)(xvi), substituted “2018” for “2015.”

Laws 2015, ch. 179, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyo. Const. Approved March 9, 2015.

The 2016 amendment, effective July 1, 2017, at the beginning of (a)(iv), deleted “Effective school year 2013–2014, and each school year thereafter, require district administration of common benchmark adaptive assessments statewide in reading and mathematics for grades one (1) through eight (8) in accordance with W.S. 21-3-110(a)(xxiv). The board shall also establish,” and inserted “establish” in the present first sentence; in (a)(v)(B), in the first sentence, substituted “2017–2018” for “2012–2013,” “English language arts” for “reading,” and “ten (10)” for “eight (8),” and in the second sentence substituted “eight (8) and ten (10)” for “and eight (8)”; rewrote (a)(v)(C), which formerly read, “In addition to subparagraph (a)(v)(B) of this section, measure student performance in Wyoming on a comparative basis with student performance nationally”; in (a)(v)(D), substituted “2018–2019” for “2015–2016”; rewrote (a)(v)(E), which formerly read, “Use only multiple choice items to ensure alignment to the statewide content and performance standards”; added (a)(v)(J) and (a)(v)(K); and made stylistic changes in (a)(v)(B).

The 2017 amendments. — The first 2017 amendment, by ch. 61, § 1, effective July 1, 2017, rewrote the second and third sentences of (b)(xvi), which read: “The performance evaluation system shall be based in part upon defined student academic performance measures as prescribed by law, upon longitudinal data systems and upon measures of professional practice according to standards prescribed by board rule and regulation. The system shall also allow districts opportunity to refine the system to meet the individual needs of the district and shall include reasonable opportunity for state and district provision of mentoring and other professional development activities made available to district administrative personnel performing unsatisfactorily, designed to improve leadership, management and student achievement,” added the last sentence, and made related changes.

The second 2017 amendment, by ch. 61, § 2, effective July 1, 2017, at the end of the first sentence of (a)(v)(D), deleted “and by school year 2018-2019, link student performance and progress to school and district leaders, including superintendents, principals and other district or school leaders serving in a similar capacity.”

The third 2017 amendment, by ch. 95, § 1, effective July 1, 2017, in (a)(v), substituted “and interventions” for “and consequences” in the third sentence; substituted “As part of the statewide accountability system, and for purposes of complying with requirements under the federal Every Student Succeeds Act” for “In addition and for purposes of complying with requirements under the federal No Child Left Behind Act of 2001” near the middle of the paragraph; deleted “adequate yearly progress” preceding “measures” and substituted “Interventions” for “consequences” in the last sentence; and updated section references throughout.

The fourth 2017 amendment, by ch. 193, § 1, effective July 1, 2017, in (a)(v)(H) added the third sentence.

While no amendment gave effect to the others, all have been given effect in this section as set out above.

The 2018 amendments. — The first 2018 amendment, by ch. 69, § 1, effective July 1, 2018, in (a)(vi), substituted “calculate school level performance indicators as required” for “calculate achievement, growth, readiness and equity as required” in the second sentence, added “For schools other than alternative schools” in the fourth sentence, and added the fifth sentence.

The second 2018 amendment, by ch. 123, § 1, effective July 1, 2018, in (a)(iii)(C), inserted “one (1) year of which may be satisfied by one (1) year of computer science.”

While neither amendment gave effect to the other(s), both(all) have been given effect in this section as set out above.

The 2019 amendment, effective July 1, 2019, in (b)(xv), made numerous stylistic changes regarding establishing general criteria for school district teacher performance evaluation systems.

The 2021 amendments. —

The first 2021 amendment, by ch. 66, § 1, effective July 1, 2021, substituted "career" for "vocational" following "postsecondary" in the second sentence of (a)(ii).

The second 2021 amendment, by ch. 82, § 1, effective July 1, 2021, added “minimum” following “reduces the,” added the second sentence and made a related change.

Editor's notes. —

Laws 1997, Sp. Sess., ch. 3, § 201, effective July 1, 1997, provides: “In fulfilling its responsibility imposed by the Wyoming supreme court under Campbell County School District No. 1, et al., v. State of Wyoming, et al., (907 P.2d. 1238, Wyo., 1995), for establishing a school finance system which ensures each Wyoming student an opportunity to receive a proper education and which also assures the availability of adequate school buildings and facilities for the delivery of the proper education, the legislature directs activities and actions specified within this part [Part II of the act] in order to commence the implementation of the finance system and to assist continued development and final completion of this system.”

Laws 2006, ch. 44, § 1, effective July 1, 2006, provides:

“(a) The department of education is authorized an additional part-time position for purposes of providing research, analysis and other policy-related assistance to the Wyoming board of education in carrying out duties prescribed by W.S. 21-2-304 and otherwise by law. For the biennial period commencing July 1, 2006, and ending June 30, 2008, one hundred thousand dollars ($100,000.00) is appropriated from the general fund to the department of education for this position.

“(b) On or before January 1, 2008, the Wyoming board of education and the state superintendent of public instruction shall jointly report to the select management audit committee and to the joint appropriations committee on the part-time position filled under this act, and the status of this position and shall present a recommendation as to future funding of this position.”

The federal No Child Left Behind Act, is found at 20 USCS § 6301 et seq.

Laws 2018, ch. 123, § 4, provides: “Amendments to W.S. 21-2-304 and 21-16-1307 contained in this act shall only apply to those students graduating high school on or after July 1, 2018.”

Laws 2018, ch. 123, § 5, provides: “To the extent this act conflicts with 2018 House Bill 53, this act shall be given precedence and shall prevail over any conflicting provision.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting legislation. —

Temporary provisions. —

Laws 2004, ch. 109, § 2, authorizes the statewide task force established by Laws 2003, ch. 208, § 201, and the state superintendent to continue the development, design and oversight of the implementation of the statewide assessment system prescribed by W.S. 21-2-304(a)(v), as amended by section 1 of this act, to be completed in sufficient time for implementation in the 2005-2006 school year. The assessment system is to measure student progress based upon the uniform educational program established under W.S. 21-9-101 and measurable academic student performance standards imposed by law and rule and regulation of the state board of education. Any vacancy in the membership of the task force is to be filled by the appointing authority prescribed under Laws 2003, ch. 208, § 201(b). For purposes of carrying out the requirements of this section and to ensure the assessment system adheres to principles of sound education policy and test measurement, necessary technical, policy and legal experts and representatives from the education community and federal and state governmental agencies are to be assembled on behalf of the task force and the state superintendent.

Laws 2004, ch. 109, § 3, directs the statewide task force and the state superintendent to establish necessary mechanisms and processes to support the transition from the statewide student assessment existing on the effective date of the act to the student assessment system established in accordance with W.S. 21-2-304(a)(v) as amended by section 1 of the act. The pilot test of the assessment is to be administered during the 2004-2005 school year to enable full implementation of the statewide assessment in school year 2005-2006. The state superintendent is to develop and, following review by the task force, issue a request for proposal (RFP) for statewide student assessment development in sufficient time for pilot testing during the 2004-2005 school year. If a proposal meets the specifications and requirements and is approved by the task force, the state superintendent is to submit the proposal to the state board for review and accept the proposal and enter into contract to implement the proposal subject to funds available within the state superintendent's budget to implement its provision. On or before November 1, 2004, the state superintendent and the task force are to report to the state board of education, the management council and the joint education interim committee on recommendations developed under this section, clearly specifying progress on development of the statewide assessment system, defining the assessment system and reporting on the development and administration of a pilot test for the assessment.

Laws 2004, ch. 109, § 4, directs the state superintendent and the statewide task force, for school year 2004-2005 and prior to implementation of recommendations developed under this section, to establish a transitional plan to provide a temporary system of rewards and sanctions for all schools and school districts. The statewide task force and the state superintendent are to report to the state board of education, the management council and the joint education interim committee on recommendations for the establishment of a permanent process providing consequences for school accountability as prescribed under W.S. 21-2-304(a)(vi), as amended by section 1 of the act. In addition, the task force and the state superintendent are to develop recommendations on the range of rewards for schools meeting adequate yearly progress measures and other criteria under the statewide accountability system established under W.S. 21-2-304(a)(vi), as amended by section 1 of the act.

Laws 2004, ch. 109, § 6(b) makes §§ 2 – 5 effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2004.

Appropriations. —

Laws 2004, ch. 109, § 5, appropriates $ 300,000 from funds made available to the state under the federal No Child Left Behind Act of 2001 to fund the expenses associated with activities assigned to the statewide task force under section 2 of the act, including necessary consulting expertise to the task force. The department of education, with the assistance of the legislative service office, is to provide necessary staff support for the statewide task force.

2013 amendment unconstitutional. —

Nondelegable duty. —

The state board of education could not delegate to the state director of vocational education the authority to determine whether the board should continue the program of war production training. State ex rel. R. R. Crow & Co. v. Copenhaver, 64 Wyo. 1, 184 P.2d 594, 1947 Wyo. LEXIS 24 (Wyo. 1947).

Applicability of rules to teachers and administrators. —

Where reason for rule ceases, rule itself ceases, and that axiom applies in determining the applicability of rules of the state board of education to teachers and school superintendents. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Rule of the state board of education whereby substitute teachers may keep certificates in force by directed reading and registering certificates does not establish an exclusive method, and approval by educational authorities as to work done is sufficient. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Person with education much greater than that of average county superintendent is not disqualified from office for mere failure to comply with purely directory rules of state board of education. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Regulation of the state board of education that the standard administrative certificate should be considered as a first class certificate required of county superintendents did not bar payment of compensation to county superintendent who filed an elementary life certificate with board of county commissioners, since the regulation did not state that no other certificate could be considered as first class. State ex rel. Lynch v. Board of County Comm'rs, 75 Wyo. 435, 296 P.2d 986, 1956 Wyo. LEXIS 23 (Wyo. 1956).

Effect of excess qualifications. —

Qualifications higher than those required by board for superintendents should not as matter of law be held to disqualify person possessing such higher qualification for such position. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Necessity for certificate. —

A teacher whose certificate has expired and who has failed to obtain renewal cannot recover either damages or salary for cancellation of her contract and discharge where statute clearly makes certificate to teach sole evidence of qualification. Seamonds v. School Dist. No. 14, Seamonds v. School Dist., 51 Wyo. 477, 68 P.2d 149, 1937 Wyo. LEXIS 28 (Wyo. 1937) (see also ??21-7-303).

Expert testimony as to rank of certificates. —

The relative rank of teachers' certificates is not a matter of common knowledge, and is properly the subject of scientific inquiry. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

New original certificate. —

Teacher's certificate which purports to be a duplicate of one previously issued, and dated with date of previous certificate but signed by present superintendent of public instruction, is neither a duplicate nor a certified copy but must necessarily be an original certificate, valid, at least, as of the time when it was actually issued. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Provisional certificate. —

Issuance of provisional first class rural administrative certificate was authorized despite lack of evidence that recipient had been in educational work since 1931, where a board rule suggests issuance is to be based on the thought that the person should be in fact qualified or in comparatively short time will be qualified. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Board has discretion to determine what constitutes engaging in education. —

To be “engaged” in educational work does not mean that the person shall be regularly or constantly occupied, but amount of such work is in discretion of the board of education with which court is not concerned. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Substitute teaching keeps certificate in force. —

Substitute teaching whereby no period of four years elapsed without some teaching or educational work keeps teacher's certificate in force. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

School district is not authorized to adopt four-day school week, resulting in a 144-day school year. Johnston v. Board of Trustees, 661 P.2d 1045, 1983 Wyo. LEXIS 313 (Wyo. 1983).

Proper approval of vouchers. —

Where vouchers were not approved by the president and secretary of the board of education or by either of them but by only a member of the board and the state director of vocational education, the auditor could rightfully refuse to approve the vouchers or to issue warrants for their payment. State ex rel. R. R. Crow & Co. v. Copenhaver, 64 Wyo. 1, 184 P.2d 594, 1947 Wyo. LEXIS 24 (Wyo. 1947).

Applied in

Spurlock v. Bd. of Trustees, 699 P.2d 270, 1985 Wyo. LEXIS 478 (Wyo. 1985).

Quoted in

Campbell County Sch. Dist. v. State, 907 P.2d 1238, 1995 Wyo. LEXIS 203 (Wyo. 1995).

Cited in

Natrona County Sch. Dist. No. 1 v. Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

Law Reviews. —

For Article, “Teacher Tenure Reform in Wyoming: Bad Teachers Left Behind”, see15 Wyo. L. Rev. 45 (2015).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of local or state denial of public school courses or activities to private or parochial school students, 43 ALR4th 776.

Validity and construction of statutes, ordinances or regulations requiring competency tests of school teachers, 64 ALR4th 642.

§ 21-2-305. Reports and assistance from local boards and officials.

In addition to any other powers assigned to it by law, the state board may:
1. Repealed by Laws 1993, ch. 217, § 3.
2. Require such reports and other assistance from school boards and officials as it may from time to time deem necessary and advisable.

History. Laws 1919, ch. 127, §§ 24, 34; C.S. 1920, §§ 2351, 2361; R.S. 1931, §§ 99-122, 99-133; C.S. 1945, §§ 67-123, 67-133; W.S. 1957, §§ 21-22, 21-32; Laws 1959, ch. 109, §§ 3, 8; 1967, ch. 43, § 1; 1969, ch. 111, § 15; Rev. W.S. 1957, § 21.1-15; 1993, ch. 217, § 3.

Cross references. —

As to suspension or dismissal of teachers by board of trustees of district, see § 21-7-110 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Burden of proof in attack on certificate. —

A person attacking the validity of a teacher's certificate for alleged failure to comply with rules has the burden of showing that professional reading directed to be done by the state board of education was not done by the defendant. State ex rel. Pape v. Hockett, 61 Wyo. 145, 156 P.2d 299, 1945 Wyo. LEXIS 7 (Wyo. 1945).

Quoted in

Wyoming State Dep't of Educ. v. Barber, 649 P.2d 681, 1982 Wyo. LEXIS 374 (Wyo. 1982).

Cited in

Johnston v. Board of Trustees, 661 P.2d 1045, 1983 Wyo. LEXIS 313 (Wyo. 1983).

Am. Jur. 2d, ALR and C.J.S. references. —

Revocation of teacher's certificate for moral unfitness, 97 ALR2d 827.

Bias of members of license revocation board, 97 ALR2d 1210.

Use of illegal drugs as ground for dismissal of teacher or denial or cancelation of teacher's certificate, 47 ALR3d 754.

Validity of state or local government regulation requiring private school to report attendance and similar information to government — post-Yoder cases, 8 ALR5th 875.

§ 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.

History. Laws 1919, ch. 127, § 9; C.S. 1920, § 2336; R.S. 1931, § 99-108; C.S. 1945, § 67-108; W.S. 1957, § 21-8; Laws 1969, ch. 111, § 16; Rev. W.S. 1957, § 21.1-16; Laws 1973, ch. 215, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, added “, the director” near the beginning of the section.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, deleted “the director” following “The state superintendent” and made a related change.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

2013 amendment unconstitutional. —

Cited in

Johnston v. Board of Trustees, 661 P.2d 1045, 1983 Wyo. LEXIS 313 (Wyo. 1983).

§ 21-2-307. State board of career and technical education; duties.

The state board of education acts as the state board of career and technical education and may promulgate rules necessary to implement this section. The executive director of the community college commission is designated an ex officio member of the state board of career and technical education.
In addition to other duties assigned under W.S. 21-2-304 , the state board shall review career and technical education programs offered by school districts to ensure the programs satisfactorily serve the needs of students within the state and are aligned with state content and performance standards prescribed in accordance with W.S. 21-2-304 (a)(iii).

History. Laws 1987, ch. 190, § 1; 2003, ch. 164, § 2; 2021 ch. 66, § 1, effective July 1, 2021.

Cross references. —

As to appointment of director of community college commission, see § 21-18-202(a)(i).

As to career-vocational education program grants, see § 21-12-105 .

The 2021 amendment, effective July 1, 2021, substituted "career and technical" for "career-vocational" throughout the section.

Article 4. Private School Licensing

Editor's notes. —

Laws 2006, ch. 34, § 3 provides:

“(a) Any private degree granting post secondary education institution licensed to operate or do business in Wyoming under W.S. 21-2-401 through 21-2-407 prior to July 1, 2006, shall on and after July 1, 2006, be registered with the Wyoming department of education pursuant to W.S. 21-2-401 (b), as amended under section 1 of this act, in order to continue to operate or do business in Wyoming.

“(b) The department of education shall by rule and regulation establish criteria to provide for the transition of private degree granting post secondary education institutions licensed prior to July 1, 2006, to registration requirements imposed under this act. Criteria shall include monitoring steps defining progress towards accreditation by a recognized accrediting association as required under W.S. 21-2-402(b), as amended under section 1 of this act.”

Laws 2006, ch. 34, § 4 provides: “All rules and regulations promulgated by the state board of education pertaining to private school licensing under W.S. 21-2-401 through 21-2-407 in effect prior to the effective date of this section shall remain in effect and unaltered as rules and regulations of the department of education until amended or repealed by the department.”

§ 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.

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.
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.
The department of education shall administer and enforce this article.
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.

History. Laws 1967, ch. 228, § 1; W.S. 1957, § 21-37.1; Laws 1969, ch. 111, § 191; Rev. W.S. 1957, § 21.1-191; W.S. 1977, § 21-11-101 ; Laws 1985, ch. 142, § 1; 1987, ch. 190, § 3; 1994, ch. 65, § 1; 1996, ch. 84, § 1; 2000, ch. 72, § 1; 2003, ch. 40, § 1; 2006, ch. 34, § 1.

The 2006 amendment, effective July 1, 2006, in (a), added the exception language, deleted “and all degree granting post secondary education institutions not accredited by an accrediting association recognized by the United States department of education” following “private schools”; rewrote (b), inserted “private,” summarized the notification to the department of education and registration of prior to doing business; deleted “state board of education, through the state” preceding “department” in (c), and in (d), substituted “department” for “board” in the first sentence and deleted the remaining sentences concerning inspection and visitation of businesses or places where services are delivered.

Constitutionality. —

No classification had been created by the Private School Licensing Act, Wyo. Stat. Ann. § 21-2-401 through -407, and it was unnecessary to do any further analysis under the test where those institutions that were already accredited obviously did not have to apply to become accredited, and those institutions that were not accredited had to become accredited within the time frame provided; therefore, no equal protection violation occurred because different classifications were not created under the act or the rules adopted by the Wyoming Department of Education. Newport Int'l Univ., Inc. v. State, 2008 WY 72, 186 P.3d 382, 2008 Wyo. LEXIS 74 (Wyo. 2008).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of private vocational or trade school for fraud or misrepresentations inducing student to enroll or pay fees, 85 ALR4th 1079.

Validity of state or local government regulation requiring private school to report attendance and similar information to government — post-Yoder cases, 8 ALR5th 875.

§ 21-2-402. Licensure; registration of private degree granting post secondary education institutions; fees; suspension and revocation; notification upon entry into state.

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.
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) through (xii) Repealed by Laws 2006, ch. 34, § 2.
Repealed by Laws 2006, ch. 34, § 2.
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.
All fees collected under this section shall be deposited into the general fund.
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 .

History. Laws 1967, ch. 228, § 2; W.S. 1957, § 21-37.2; Laws 1969, ch. 111, § 192; Rev. W.S. 1957, § 21.1-192; W.S. 1977, § 21-11-102; Laws 1987, ch. 190, § 3; 1994, ch. 65, § 1; 1996, ch. 84, § 1; 2000, ch. 72, § 1; 2003, ch. 40, § 1; 2004, ch. 130, § 1; 2006, ch. 34, §§ 1, 2.

The 2004 amendment, in (b)(x)(B), substituted “or one hundred” for “and one hundred.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2006 amendment, effective July 1, 2006, in (a), inserted “private degree granting,” “and [subsection] (f)”, in the first clause, “generates a,” preceding “total revenue”; rewrote (b), repealed (b)(i) through (b)(xii) which pertained to what should be included in the application form; and repealed (c), which pertained to licenses issued under former subsection (b) and the period of time in which it is valid.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Constitutionality. —

Although requirement of accreditation was a delegation of power made by the Wyoming department of education to the accrediting institution, this delegation did not violate the Wyoming Constitution as the Wyoming Constitution does not directly prohibit delegations of public power to private entities or to public agencies, and any constitutional limitation was therefore indirect; here, applicants had sufficient guarantees of due process, and the delegation of accreditation to private entities was reasonable. Newport Int'l Univ., Inc. v. State, 2008 WY 72, 186 P.3d 382, 2008 Wyo. LEXIS 74 (Wyo. 2008).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of private vocational or trade school for fraud or misrepresentations inducing student to enroll or pay fees, 85 ALR4th 1079.

§ 21-2-403. Licensing and regulation of qualifications of agents of private schools and institutions; fee.

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.
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.

History. Laws 1969, ch. 111, § 193; W.S. 1957, § 21.1-193; W.S. 1977, § 21-11-103; Laws 1987, ch. 190, § 3; 1994, ch. 65, § 1; 1996, ch. 84, § 1; 2006, ch. 34, § 1.

The 2006 amendment, effective July 1, 2006, inserted “or institutions” and inserted “or (b)” throughout (a); and deleted “state board, through the state” preceding “department” in (b), and made a stylistic change.

§ 21-2-404. Operation without license or registration unlawful; soliciting business in public schools; furnishing list of students.

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.
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:
1. Permit the school or institution, or proprietor or agent thereof, to solicit business in any public school within this state; and
2. Provide any list of students or other list of prospects to the school, institution or proprietor or agent thereof.
Repealed by Laws 2006, ch. 34, § 2.
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.

History. Laws 1967, ch. 228, § 3; W.S. 1957, § 21-37.3; Laws 1969, ch. 111, § 194; Rev. W.S. 1957, § 21.1-194; W.S. 1977, § 21-11-104; Laws 1987, ch. 190, § 3; 1996, ch. 84, § 1; 2000, ch. 72, § 1; 2006, ch. 34, §§ 1, 2.

The 2006 amendment, effective July 1, 2006, inserted “or institution” and inserted “registration or providing notification” throughout (a), (b), and (d); repealed (c), which pertained to the awarding of a degree by a post secondary education institution; substituted “and if an institution described under W.S. 21-2-401(b), is accepted by the department” for “or the council for higher education accreditation” in (d); and made similar changes.

§ 21-2-405. Performance bond or other security; amount; exemption.

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.
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.

History. Laws 1969, ch. 111, § 195; W.S. 1957, § 21.1-195; W.S. 1977, § 21-11-105; Laws 1987, ch. 190, § 3; 1994, ch. 65, § 1; 1996, ch. 84, § 1; 2003, ch. 40, § 1; 2004, ch. 28, § 1; 2006, ch. 34, § 1.

The 2004 amendment, in (a), in the second sentence, substituted “regulation subject to limitations prescribed by this subsection” for “regulation, except,” and, in the third sentence, inserted “degree granting” preceding “post secondary,” and added the language beginning “and for all other private schools” to the end of the sentence.

Laws 2004, ch. 28, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2006 amendment, effective July 1, 2006, in (a), inserted “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),” deleted “state” preceding “department,”substituted “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)” for “a degree granting post secondary education institution shall be not less than one hundred thousand dollars ($100,000.00) and for all other private schools,” inserted “and accredited private degree granting post secondary education institutions registered under this article,” and inserted “or until the institution receives accreditation.”

§ 21-2-406. Schools exempted; definition.

This article does not apply to:
1. 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:
  1. Offers elementary and secondary education programs only; or
  2. Repealed by Laws 2006, ch. 34 § 2.
  3. Operates as a degree granting post secondary education institution, provides instruction through means not defined as distance education and the institution:
    1. 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”;
    2. 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
    3. 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.
2. A home-based educational program as defined by W.S. 21-4-101(a)(v);
3. Aircraft flight training schools approved and authorized by the federal aviation agency of the United States of America;
4. A nondegree granting school teaching techniques of outdoor recreation, leadership, ecology or conservation domiciled in the state of Wyoming; or
5. A post secondary education institution admitted, authorized and in good standing under the state authorization reciprocity agreement pursuant to W.S. 21-18-226 .
Repealed by Laws 2006, ch. 34, § 2.
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.

History. Laws 1967, ch. 228, § 4; W.S. 1957, § 21-37.4; Laws 1969, ch. 111, § 196; Rev. W.S. 1957, § 21.1-196; Laws 1971, ch. 65, § 1; W.S. 1977, § 21-11-106; Laws 1985, ch. 142, § 1; 1987, ch. 190, § 3; 2004, ch. 112, § 1; 2006, ch. 34, § 2; 2008, ch. 116, § 1; 2010, ch. 15, § 1; 2015 ch. 3, § 2, effective February 17, 2015.

The 2004 amendment, effective July 1, 2004, rewrote the section, clarifying exemptions from licensing requirements for religious schools as specified, and imposing additional requirements upon certain post secondary religious schools for receiving and maintaining exemption status.

The 2006 amendment, effective July 1, 2006, repealed (a)(i)(B), which pertained to the operation and limitations in regard to parochial, church or religious schools; repealed (b), which pertained to accreditation.

The 2008 amendment, made a stylistic change.

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2010 amendment, added (a)(i)(C) and (c), and made a related change.

Laws 2010, ch. 15 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2010.

The 2015 amendment, added (a)(v) and made related changes.

Laws 2015, ch. 3, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 17, 2015.

§ 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.

History. Laws 1967, ch. 228, § 5; W.S. 1957, § 21-37.5; Laws 1969, ch. 111, § 197; Rev. W.S. 1957, § 21.1-197; W.S. 1977, § 21-11-107; Laws 1981, Sp. Sess., ch. 22, § 1; 1987, ch. 190, § 3; 2003, ch. 40, § 1; 2006, ch. 34, § 1.

The 2006 amendment, effective July 1, 2006, inserted “registration certificate or without providing notification to the department” in (a); and made a related change.

Article 5. Education of Children with Disabilities

Cross references. —

As to services to the preschool handicapped, see article 7 of this chapter.

§ 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.

History. Laws 1969, ch. 111, § 284; W.S. 1957, § 21.1-284; W.S. 1977, § 21-14-101 ; Laws 1987, ch. 190, § 3; 1989, ch. 260, § 1; 1992, ch. 65, § 1.

No educational services after age 21. —

A county school district is neither entitled nor obligated to provide educational services for individuals within the district after the recipient reaches his or her twenty-first birthday. Natrona County Sch. Dist. No. 1 v. Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

Quoted in

Sykes v. Lincoln County Sch. Dist., 763 P.2d 1263, 1988 Wyo. LEXIS 147 (Wyo. 1988).

Law reviews. —

For case note, “EDUCATIONAL LAW — Wyoming Refuses to Recognize Compensatory Education as a Remedy Under the Education for All Handicapped Children Act of 1975. Natrona County School Dist. No. 1 v. McKnight, 764 P.2d 1039, 1988 Wyo. LEXIS 152 (Wyo. 1988), ” see XXIV Land & Water L. Rev. 529 (1989).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction of “stay-put” provision of Education of the Handicapped Act (20 USC § 1415(e)(3) [ 20 USC § 1415(k)(7)]), that handicapped child shall remain in current educational placement pending proceedings conducted under section, 103 ALR Fed 120.

Obligation of public educational agencies, under Individuals with Disabilities Education Act (20 USC §§ 1400 et seq.), to pay tuition costs for students unilaterally placed in private schools — Post-Burlington cases 152 ALR Fed 485.

Who is prevailing party for purposes of obtaining attorney's fees under § 615(i)(3)(B) of Individuals with Disabilities Education Act (IDEA)20 USC § 1415(i)(3)(B)153 ALR Fed 1.

What constitutes services that must be provided by federally assisted schools under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400 et seq.), 161 ALR Fed 1.

What constitutes reasonable accommodation under federal statutes protecting rights of disabled individual, as regards educational program or school rules as applied to learning disabled student, 166 ALR Fed 503.

§ 21-2-502. Duties of school districts; interdistrict contracts; assistance of state superintendent; attendance beyond school age.

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.
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.

History. Laws 1969, ch. 111, § 286; W.S. 1957, § 21.1-286; Laws 1973, ch. 84, § 1; W.S. 1977, § 21-14-103 ; Laws 1987, ch. 190, § 3; 1992, ch. 65, § 1; 1994, ch. 17, § 1; 2003, ch. 50, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, substituted “director” for “state superintendent” both times in (a).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in (a), substituted “state superintendent” for “director” twice.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

2013 amendment unconstitutional. —

Quoted in

Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of, and sufficiency of compliance with, state standards for approval of private school to receive public placements of students or reimbursement for their educational costs, 48 ALR4th 1231.

AIDS infection as affecting right to attend public school, 60 ALR4th 15.

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.

History. Laws 1943, ch. 118, § 2; C.S. 1945, § 67-222; W.S. 1957, §§ 21-58, 21-58.1; Laws 1965, ch. 44, §§ 1, 2; 1969, ch. 111, § 237; Rev. W.S. 1957, § 21.1-237; W.S. 1977, § 21-13-401 ; Laws 1987, ch. 190, §§ 4, 5.

§ 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.

History. Laws 1965, ch. 44, § 3; W.S. 1957, § 21-58.2; Laws 1969, ch. 111, § 238; Rev. W.S. 1957, § 21.1-238; W.S. 1977, § 21-13-402 ; Laws 1987, ch. 190, § 4.

§ 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.

History. Laws 1886, ch. 101, § 1; R.S. 1887, § 3981; R.S. 1899, § 622; C.S. 1910, § 1973; C.S. 1920, § 2279; R.S. 1931, § 99-350; C.S. 1945, § 67-213; W.S. 1957, § 21-48; Laws 1969, ch. 111, § 239; Rev. W.S. 1957, § 21.1-239; W.S. 1977, § 21-13-403; Laws 1987, ch. 190, § 4.

Article 7. Services to Preschool Children with Disabilities

Cross references. —

As to education of the handicapped, see article 5 of this chapter.

§ 21-2-701. Definitions.

As used in this act:
1. “Division” means a division or section as assigned responsibilities for programs of developmental disabilities, department of health;
2. “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;
3. “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;
4. “This act” means W.S. 21-2-701 through 21-2-705 .

History. Laws 1989, ch. 137, § 1; 1991, ch. 221, § 2; 1992, ch. 65, § 1; 1994, ch. 17, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

Cross references. —

As to preschool programs in general, see § 21-4-302 .

The 2013 amendment, substituted “director of the department of education” for “state superintendent” at the end of (a)(ii).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in (a)(ii), substituted “state superintendent” for “director of the department of education.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

2013 amendment unconstitutional. —

§ 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.

History. Laws 1989, ch. 137, § 1; 2004, ch. 130, § 1.

The 2004 amendment substituted “20 U.S.C. § 1401(23)” for “20 USC § 1401(22).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Editor's notes. —

The Education of the Handicapped Act, referred to in this section, is now cited as the Individuals with Disabilities Education Act, and may be found at 20 U.S.C. § 1400 et seq. The definition of “secondary school,” which has been substituted for “intermediate educational unit” in the US code may be found at 20 U.S.C. § 1401(23) ( 20 U.S.C. § 1401(27) effective July 1, 2005).

Conflicting legislation. —

§ 21-2-703. Superintendent duties; division duties.

The state superintendent shall:
1. Promulgate reasonable rules and regulations necessary to carry out the purpose of this act;
2. Monitor the division in carrying out its duties as an intermediate educational unit; and
3. 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.
The division in carrying out its duties as an intermediate educational unit, shall:
1. 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 ;
2. Monitor the regional developmental preschool system; and
3. Administer the rules and regulations promulgated by the state superintendent under this act.
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.

History. Laws 1989, ch. 137, § 1; 1991, ch. 221, § 2; 1992, ch. 65, § 1; 2004, ch. 130, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2004 amendment, in (a)(iii), substituted “ 20 U.S.C. §§ 1400 through 1485” for “ 20 USC §§ 1401 -1485”.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2013 amendment, substituted “director” for “state superintendent” in (a), (b)(iii), and made similar changes in (c).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, substituted “state superintendent” or similar language for “director” in the introductory language of (a), (b)(iii), and (c).

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Editor's notes. —

The Education of the Handicapped Act, referred to in (a)(iii), is now cited as the Individuals with Disabilities Education Act.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 21-2-701(a)(iv).

Conflicting legislation. —

2013 amendment unconstitutional. —

§ 21-2-704. School district responsibility.

Notwithstanding any other provisions of this act, any preschool children with disabilities who are five (5) years of age on or before August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxvii), of the year in which they may register in kindergarten as provided in W.S. 21-4-302(b) and who are receiving services from a school district shall be the responsibility of that school district.

History. Laws 1989, ch. 137, § 1; 1992, ch. 65, § 1; 2020 ch. 159, § 1, effective August 1, 2021.

The 2020 amendment, effective August 1, 2021, substituted “before August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxvii), of the year in which they may register in kindergarten as provided in W.S. 21-4-302(b)” for “before September 15.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 21-2-701(a)(iv).

Am. Jur. 2d, ALR and C.J.S. references. —

Construction of “stay-put” provision of Education of the Handicapped Act (20 USC § 1415(e)(3) [ 20 USC 1415(k)(7)]), that handicapped child shall remain in current educational placement pending proceedings conducted under section, 103 ALR Fed 120.

§ 21-2-705. Fund allocation.

Repealed by Laws 2001, ch. 143, § 2.
Repealed by Laws 2006, ch. 86, § 2.
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:
1. 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;
2. 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;
3. 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;
4. 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.
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.

History. Laws 1989, ch. 137, § 1; 1992, ch. 65, § 1; 2001, ch. 143, §§ 1, 2; 2006, ch. 86, §§ 1, 2.

The 2006 amendment, effective July 1, 2006, repealed (b), concerning the use of federal funds received for preschool children with disabilities; added (c) and (d).

Editor's notes. —

There is no subdivision (c)(iv) in this section as it appears in the printed act.

Individuals with Disabilities Education Act. —

Section 619 of the Individuals with Disabilities Education Act is codified as 20 U.S.C. § 1419.

Am. Jur. 2d, ALR and C.J.S. references. —

Availability of damages in action to remedy violations of individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), 165 ALR Fed 463.

§ 21-2-706. Developmental preschool funding.

Expenditures by the division for developmental preschool services shall be subject to the following:
1. 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;
2. 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;
3. 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;
4. Three percent (3%) matching local funds shall be required in contracts with any developmental preschool service provider.
For purposes of calculating payments to service providers for the subsequent fiscal year and preparing the division’s budget request to the legislature, the division shall multiply the number of children age birth through five (5) years of age with developmental disabilities who are eligible for and placed on an individualized education program or individualized family service plan through developmental preschool services on or before December 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.
Repealed by Laws 2008, ch. 86, § 2.
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:
1. Professional social-emotional development services as a component of service providers’ individualized education programs or individualized family service plans; and
2. Training and technical assistance in early childhood social-emotional development to early childhood service providers in the developmental preschools’ service areas.
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.
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.

History. Laws 2006, ch. 85, § 1; 2007, ch. 125, § 1; ch. 130, § 1; ch. 167, § 1; 2008, ch. 86, §§ 1, 2; 2017 ch. 103, § 1, effective July 1, 2017.

The 2007 amendments. —

The first 2007 amendment by ch. 125, § 1, added (a)(iv).

Laws 2007, ch. 125, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 23, 2007.

The second 2007 amendment, by ch. 130, § 1, effective July 1, 2007, substituted “eight thousand five hundred three dollars ($8,503.00)” for “seven thousand two hundred six dollars ($7,206.00)” in (b).

The third 2007 amendment by ch. 167, § 1, effective July 1, 2007, substituted “subsections (b) and (d)” for “subsection (b)” in (c); and added (d) and (e).

While none of the amendments gave effect to the others, all have been given effect in the section as set out above.

The 2008 amendment rewrote (b), in part by adding the final sentence; repealed former (c), which related to increases in the amount of the exception budget; inserted present (e); and redesignated former (e) as (f).

Laws 2008, ch. 86, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 12, 2008.

The 2017 amendment, effective July 1, 2017, in (b), substituted “eligible for and placed on an individualized education program or individualized family service plan through developmental preschool services on or before December 1 of the year” for “eligible for developmental preschool services on November 1 of the year.”

Editor's notes. —

Laws 2007, ch. 167, § 3, states as follows:

“(a) The department of health shall report by October 1, 2007, to the joint appropriations interim committee the following results attributable to the additional funding under this act:

“(i) The number of additional persons hired statewide;

“(ii) The distribution, by regional provider contracting with the state, of those additional hires;

“(iii) The number of developmental preschool service providers receiving training; and

“(iv) The number of children impacted by services provided, specifying:

“(A) The number of children receiving services as a component of individualized education programs or individualized family service plans; and

“(B) The number of children impacted by services but not as a component of individualized education programs or individualized family service plans.”

Appropriation. —

Laws 2006, ch. 85, § 4 provides: “In addition to any other funds appropriated for developmental preschool programs, up to eleven million one hundred thirteen thousand one hundred seventy-one dollars ($11,113,171.00) is appropriated to the department of health from the general fund for the biennium commencing July 1, 2006 for contractual payments to developmental preschools to fulfill the purposes of this act.”

Laws 2007, ch. 130, § 2, states as follows:

“(a) There is appropriated one hundred ten thousand dollars ($110,000.00) from the general fund to the department of health for the balance of the fiscal biennium ending June 30, 2008 to complete the legislative reports required in 2006 Wyoming Session Laws, Chapter 85, Section 2(a). The department may retain a contractor to assist with the completion of the reports.

“(b) There is appropriated four million six hundred forty-four thousand one hundred sixty-two dollars ($4,644,162.00) from the general fund to the department of health for the balance of the fiscal biennium ending June 30, 2008 for the purposes of section 1 of this act.”

Laws 2007, ch. 167, § 2, states as follows: “There is appropriated from the general fund to the department of health one million one hundred thirty thousand three hundred eighty-two dollars ($1,130,382.00) for the purposes of this act for the balance of the fiscal biennium ending June 30, 2008.”

Effective dates. —

Laws 2006, ch. 85, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 23, 2006.

Funding Level Reports. —

Laws 2006, ch. 85, §§ 2 and 3 provide:

“Section 2. “(a) The developmental disabilities division of the department of health shall report to the select committee on developmental programs or, if that committee no longer exists, to the joint education interim committee and the joint labor, health and social services interim committee as follows:

“(i) By October 1, 2006, and every year thereafter, regarding:

“(A) Whether compensation levels for early childhood special educators, occupational therapists, physical therapists and speech-language therapists are competitive with local school district salaries, and the effect of school district recalibration on those salaries;

“(B) Whether funding levels are sufficient to provide required services for all eligible children;

“(C) Whether services for children with developmental disabilities are provided in a least restrictive environment;

“(D) Whether developmental preschools have adopted evidence-based best practices;

“(E) Whether developmental preschools are meeting parent expectations based on parent satisfaction surveys and children are making sufficient and measurable progress based on student performance measurements. If a program is not providing satisfactory results, the board of directors of the program shall submit a remedial plan to the division that details the steps that will be taken to correct the deficiencies. The division shall report the results of the parent satisfaction surveys and student performance measurements as well as the number of regions out of compliance with the above performance measures, the number of remedial plans submitted to the division and the number of regions correcting noncompliance within the past year. For the October 1, 2006 report only, the division shall submit a plan for implementation, including a description of the parent survey instrument to be used in successive years and the method to be used for assessing student performance rather than the outcome measures.

“(ii) By October 1, 2006, regarding:

“(A) The progress of a mental health pilot project and the cost of integrating mental health services in developmental preschools;

“(B) The capital construction needs of developmental preschools in the state.

“Section 3.

“The department of education shall report to the select committee on developmental programs or, if that committee no longer exists, to the joint education interim committee and the joint labor, health and social services interim committee by October 1, 2006 on the amount of funds each school district is providing to the developmental preschools to conduct child find activities for children from birth through five (5) years of age.”

Article 8. Wyoming Professional Teaching Standards Board

§ 21-2-801. Creation of board; appointment and composition; terms; vacancies; compensation.

The Wyoming professional teaching standards board is created to consist of thirteen (13) members appointed by the state superintendent and the governor as follows:
1. 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;
2. One (1) member to be a faculty member employed in an approved teacher preparation program in Wyoming offering approved preparation programs in the district;
3. 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;
4. One (1) member to be a community college faculty member appointed from a Wyoming community college;
5. Three (3) members currently employed in public school administration as follows:
  1. One (1) elementary principal;
  2. One (1) secondary school principal;
  3. One (1) central office administrator.
6. One (1) member who is a current member of a Wyoming school district board of trustees.
Board members shall be appointed to a term of four (4) years. No person shall be appointed for more than two (2) four (4) year terms. Vacancies shall be filled by the state superintendent and the governor on a rotating basis from the appropriate group pursuant to subsection (a) of this section. Any board member may be removed as provided under W.S. 9-1-202 .
The members shall receive per diem and mileage as provided in W.S. 33-1-302(a)(vii) while attending board meetings. The board shall meet not less than once every three (3) months.

History. Laws 1993, ch. 217, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2014 ch. 69, § 2, effective July 1, 2014.

The 2013 amendment, added “and the governor” in (a); and added “and the governor on a rotating basis” in (b).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2014 amendment, effective July 1, 2014, in the first sentence of (c), substituted “receive” for “be paid,” substituted “mileage as provided in W.S. 33-1-302(a)(vii)” for “travel expenses,” and deleted “at the same rate allowed by law for state employees.”

Application. —

In a certificated guidance counselor's wrongful termination suit, summary judgment in favor of the school district was proper as the counselor was not a teacher within the meaning of the Wyoming Teacher Employment Law, Wyo. Stat. Ann. §§ 21-1-101 to 21-1-103 , and was therefore not entitled to its protections. Luhm v. Bd. of Trs., 2009 WY 63, 206 P.3d 1290, 2009 Wyo. LEXIS 60 (Wyo. 2009).

§ 21-2-802. Powers and duties; teacher certification; suspension and revocation; certification fees; disposition of collected fees; required data submissions to department of education.

The board shall promulgate rules and regulations:
1. 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:
  1. For teachers, a degree from an accredited college or university;
  2. 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.
2. In addition to paragraph (a)(i) of this section, the board shall by rule and regulation provide for:
  1. 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;
  2. 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;
  3. 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.
3. Providing that business instructors may instruct classes on economic systems and institutions.
The board may enter into reciprocal agreements with other states for the purposes of granting certification pursuant to this section.
The board may revoke, suspend, deny or refuse to renew certification for incompetency, conviction of a felony committed after July 1, 1996, immorality and other reprehensible conduct or gross neglect of duty or knowing misrepresentation of information on an application or resume, upon its own motion or upon the petition of any local board of trustees. Except as provided in subsection (k) of this section, no certificate shall be revoked or suspended without a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing.
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.
No certification shall be issued under this section until a criminal history background check has been filed with and received by the board, the applicant provides a release of information and the applicant consents to the release of any criminal history information to the board and if applicable, to the employing school district. Upon receipt of a background report pursuant to this subsection indicating that the applicant has a conviction equal to a felony under Wyoming law or any conviction for an act which would constitute a violation under chapter 2 or chapter 4 of title 6 of the Wyoming statutes, the board shall immediately provide a copy of the report to the employing local school board if the information involves a certified individual employed by that local board and if the local board has requested a copy of the report. For all persons seeking initial certification under this section on or after July 1, 1996:
1. The applicant shall be required to verify under oath whether he has been convicted of a felony. The board may deny certification of any applicant who has been convicted of a felony that relates to the practice of teaching or to the ability to practice as a teacher and may annul a certificate for misrepresentation by an applicant of his criminal history. Any felony related to a sexual offense shall be considered to relate to the practice of teaching. Action by the board to annul a certificate shall be taken following a hearing conducted in accordance with the Wyoming Administrative Procedure Act, unless the person holding the certification waives the right to a hearing;
2. 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).
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.
For purposes of this section:
1. “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;
2. “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.
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).
Nothing in this section authorizes the board to establish qualifications of persons exempt from certification requirements pursuant to W.S. 21-7-303(b).
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.
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.

History. Laws 1993, ch. 217, § 1; 1995, ch. 72, § 1; 1996, ch. 94, § 2; 1997, ch. 66, § 1; ch. 128, § 2; ch. 194, § 1; 1999, ch. 188, § 1; 2005, ch. 231, § 1; 2011, ch. 185, § 1; 2012, ch. 71, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2018 ch. 107, § 2, effective July 1, 2018; 2021 ch. 149, § 1, effective July 1, 2021.

The 2005 amendment, effective July 1, 2005, in (d), in the fourth sentence substituted “a separate account” for “an account within the special revenue fund.”

The 2011 amendment, effective July 1, 2011, added (m).

The 2012 amendment, in (c), deleted “or” preceding “suspend,” and inserted “deny or refuse to renew” and “or knowing misrepresentation of information on an application or resume”; and in the introductory language of (e), added the first two sentences.

Laws 2012, ch. 71 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2012.

The 2013 amendment, substituted “director of the department of education” for “state superintendent of public instruction” in (m).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in (m), substituted “state superintendent of public instruction” for “director of the department of.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2018 amendment, effective July 1, 2018, in (e)(i), in the second sentence, inserted “that relates to the practice of teaching or to the ability to practice as a teacher,” and added the present third sentence.

The 2021 amendment , effective July 1, 2021, substituted “(k)” for “(h)” following “subsection” in (c).

Editor's notes. —

There are no subsection (i) or (l) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

2013 amendment unconstitutional. —

Chapter 3 School Districts in General

Annual report card. —

Laws 1990, ch. 122, § 7, provides that each school district shall annually compile and release to the public a report card on the performance of the school district.

School district not entitled to eleventh amendment immunity. —

Although a school district obtains more than one-fourth of its funds from the state of Wyoming, the school district on balance is not entitled to an eleventh amendment immunity as an arm of the state of Wyoming. Stoddard v. School Dist., 429 F. Supp. 890, 1977 U.S. Dist. LEXIS 16623 (D. Wyo. 1977), aff'd in part and rev'd in part, 590 F.2d 829, 1979 U.S. App. LEXIS 17844 (10th Cir. Wyo. 1979).

Since school board is more like county than arm of state. —

The characteristics of Wyoming school districts demonstrate that in Wyoming on balance a local school board is more like a county or city than it is like an arm of the state. Stoddard v. School Dist., 429 F. Supp. 890, 1977 U.S. Dist. LEXIS 16623 (D. Wyo. 1977), aff'd in part and rev'd in part, 590 F.2d 829, 1979 U.S. App. LEXIS 17844 (10th Cir. Wyo. 1979).

Law reviews. —

For article, “The Wyoming Education Code of 1969,” see V Land & Water L. Rev. 531 (1970).

Am. Jur. 2d, ALR and C.J.S. references. —

68 Am. Jur. 2d Schools §§ 15 to 50.

Power of school district to employ counsel, 75 ALR2d 1339.

78 C.J.S. Schools and School Districts §§ 14 to 17, 78 to 171.

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.

History. C.L. 1876, ch. 103, § 15; R.S. 1887, § 3925; R.S. 1899, § 529; C.S. 1910, § 1933; C.S. 1920, § 2237; R.S. 1931, § 99-315; C.S. 1945, § 67-605; W.S. 1957, § 21-113; Laws 1969, ch. 111, § 17; Rev. W.S. 1957, § 21.1-17.

School districts are granted corporate status. Courtney v. School Dist., 371 F. Supp. 401, 1974 U.S. Dist. LEXIS 12070 (D. Wyo. 1974).

Status of school districts is one of a public corporation or quasi-corporation. Courtney v. School Dist., 371 F. Supp. 401, 1974 U.S. Dist. LEXIS 12070 (D. Wyo. 1974).

In, but not of, county. —

School districts are corporations, not of the county, but in the county. Powder River Cattle Co. v. Board of Comm'rs, 3 Wyo. 597, 29 P. 361, 31 P. 278, 1892 Wyo. LEXIS 8 (Wyo. 1892), overruled, Kelley v. Rhoads, 7 Wyo. 237, 51 P. 593, 1898 Wyo. LEXIS 2 (Wyo. 1898).

They may hold property, contract and sue or be sued. —

School districts, as bodies corporate, are empowered to hold property, and be parties to suits and contracts. School Dist. No. 3 v. Western Tube Co., 13 Wyo. 304, 80 P. 155, 1905 Wyo. LEXIS 12 (1895).

A school district is distinct from a municipal corporation. Courtney v. School Dist., 371 F. Supp. 401, 1974 U.S. Dist. LEXIS 12070 (D. Wyo. 1974).

Cited in

Teton Plumbing & Heating, Inc. v. Board of Trustees, 763 P.2d 843, 1988 Wyo. LEXIS 141 (Wyo. 1988).

§ 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.”

History. Laws 1969, ch. 111, § 18; W.S. 1957, § 21.1-18; 1997, Sp. Sess., ch. 3, § 501.

“Grade school” defined. —

“Grade school” means a school in which there are grades, or a school divided into grades and it can apply only to a graded school, as technically speaking there are no grades in an ungraded school. Board of Comm'rs v. State, 24 Wyo. 364, 158 P. 801, 1916 Wyo. LEXIS 37 (Wyo. 1916).

§ 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.”

History. Laws 1905, ch. 67, § 2; 1907, ch. 57, § 1; C.S. 1910, § 2052; C.S. 1920, § 2389; R.S. 1931, § 99-502; C.S. 1945, § 67-902; W.S. 1957, § 21-173; Laws 1969, ch. 111, § 19; Rev. W.S. 1957, § 21.1-19.

§ 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.”

History. Laws 1969, ch. 111, § 20; W.S. 1957, § 21.1-20; Laws 1997, Sp. Sess., ch. 3, § 501.

Stated in

Hankins v. District Boundary Bd., 502 P.2d 368, 1972 Wyo. LEXIS 282 (Wyo. 1972); Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972).

§ 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.

History. Laws 1969, ch. 111, § 21; W.S. 1957, § 21.1-21.

Cross references. —

As to election of school district trustees, see §§ 22-22-101 through 22-22-304 .

Board has wide discretion in management of district's affairs and will not be interfered with by the courts unless its actions are shown to be arbitrary, capricious or fraudulent. Hyatt v. Big Horn Sch. Dist., 636 P.2d 525, 1981 Wyo. LEXIS 394 (Wyo. 1981).

Resolution to accept bid submitted in response to published invitation creates binding contract. —

A resolution by a school board to accept a bid to demolish a school, which bid was submitted in response to a published invitation, created a binding contract as soon as the bidder had notice of the award. Robert W. Anderson Housewrecking & Excavating v. Board of Trustees, 681 P.2d 1326, 1984 Wyo. LEXIS 282 (Wyo. 1984).

Applied in

Board of Trustees v. Colwell, 611 P.2d 427, 1980 Wyo. LEXIS 267 (Wyo. 1980).

Cited in

Teton Plumbing & Heating, Inc. v. Board of Trustees, 763 P.2d 843, 1988 Wyo. LEXIS 141 (Wyo. 1988); Laramie County Sch. Dist. #2 v. Albin Cats Charter Sch., Inc., 2005 WY 43, 2005 Wyo. LEXIS 49 , 109 P.3d 552 (2005).

§ 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.

History. C.L. 1876, ch. 103, § 14; R.S. 1887, § 3924; Laws 1890, ch. 77, § 2; R.S. 1899, § 528; C.S. 1910, § 1929; C.S. 1920, § 2227; R.S. 1931, § 99-303; C.S. 1945, § 67-604; W.S. 1957, § 21-112; Laws 1969, ch. 111, § 22; Rev. W.S. 1957, § 21.1-22; Laws 1973, ch. 84, § 1; 1997, ch. 189, § 2.

Cross references. —

As to persons authorized to administer oaths, see § 1-2-102 .

§ 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.

History. Laws 1969, ch. 111, § 23; W.S. 1957, § 21.1-23.

Cross references. —

As to mileage rate, see § 9-3-103 .

Quoted in

Michie v. Board of Trustees, 847 P.2d 1006, 1993 Wyo. LEXIS 38 (Wyo. 1993).

§ 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.

History. Laws 1886, ch. 93, § 6; R.S. 1887, § 3943; R.S. 1899, § 548; Laws 1901, ch. 58, § 1; C.S. 1910, § 1951; C.S. 1920, § 2255; R.S. 1931, § 99-330; C.S. 1945, § 67-613; W.S. 1957, § 21-121; Laws 1969, ch. 111, § 24; Rev. W.S. 1957, § 21.1-24; Laws 1987, ch. 222, § 1.

Cross references. —

As to date of election, see § 22-22-102 .

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

A vacancy shall have occurred in the membership of any board of trustees of any school district if any member:
1. Dies;
2. Resigns;
3. Becomes a nonresident of the school district; or
4. Becomes a nonresident of the trustee residence area from which elected in those districts subdivided into trustee residence areas.

History. Laws 1969, ch. 111, § 25; W.S. 1957, § 21.1-25.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 21-3-110. Duties of boards of trustees. [Effective until July 1, 2022]

The board of trustees in each school district shall:
1. 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;
2. 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:
  1. 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, career and technical 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;
  2. 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.
3. 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;
4. 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;
5. Submit reports concerning finances or any other matter as the state board, state superintendent or state law may require;
6. 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;
7. Control and disburse all moneys received from any source to maintain the schools within the district;
8. Obtain competitive bids when any purchase of insurance, supplies or materials other than textbooks costing more than twenty-five thousand dollars ($25,000.00) and less than fifty thousand dollars ($50,000.00) is contemplated unless precluded by other regulation or statute. If the amount of the purchase of insurance, supplies or materials other than textbooks is equal to or exceeds fifty thousand dollars ($50,000.00), a call for bids shall be published at least once in a newspaper of general circulation in the district and on the state procurement website, as defined in W.S. 9-2-3001(b)(vii). For any contract for a capital construction project with an estimated value in excess of fifty thousand dollars ($50,000.00), the board shall publish a call for bids in a newspaper of general circulation in the district at least once each week for two (2) consecutive weeks. All contracts for capital construction projects shall be let in accordance with W.S. 9-2-3004 and 9-2-3006 except as provided in this paragraph. The district shall reserve the right to reject any and all bids and to waive irregularities and informalities in any bid, as defined in W.S. 9-2-3001(b)(v). 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. A district shall independently meet the requirements of this paragraph when procuring goods or services that are subject to this paragraph through a board of cooperative educational services.
9. 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;
10. [Effective until July 1, 2022] Subject to review by the state construction department under W.S. 21-15-117 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 state construction 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 or a charter school operating pursuant to a contract with the district enters into an agreement to lease buildings and facilities under which the district or the charter school 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 of the district or the charter school 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:
11. [Effective July 1, 2022] Subject to review by the state construction department under W.S. 21-15-117 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 state construction 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 or a charter school operating within the boundaries of the district enters into an agreement to lease buildings and facilities under which the district or the charter school 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 of the district or the charter school 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:
  1. If the lease payment is for educational facilities used in the actual operation of a charter school, the state construction department shall pay the district the contract amount approved by the department for the lease payment by the charter school if:
    1. [Effective until July 1, 2022] The charter is approved by the district under W.S. 21-3-301 through 21-3-314 ;
    1. [Effective July 1, 2022] The charter is approved under W.S. 21-3-301 through 21-3-314 ;
    2. [Effective until July 1, 2022] The department determines no adequate educational facilities exist within the district for operation of the charter school;
    3. [Effective July 1, 2022] The department determines no adequate educational facilities exist within the applicable district for operation of the charter school;
    4. The charter school has been approved and has successfully operated for a period of not less than three (3) years; and
    5. The district pays the charter school the amount of the reimbursement received under this subparagraph.
  2. Any payment made by the department pursuant to this paragraph for a leased building or facility shall not exceed the average cost per square foot to lease buildings or facilities comparable to those appropriate for public K-12 education multiplied by the total square feet leased by the district or charter school necessary to deliver the required educational program. The average cost per square foot for comparable buildings or facilities shall:
    1. Be as determined by the department;
    2. Be comparable in location and type to the building or facility leased by the district or charter school; and
    3. Not include any cost for utilities or routine maintenance.
  3. If the lease payment is for facilities leased to the district or a charter school 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 state construction 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 department.
12. Adopt and use an official seal when required to authenticate official acts;
13. Cause the United States and Wyoming flags to be properly displayed in, upon, or around school buildings within the district;
14. 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;
15. 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;
16. 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 and on or before November 1 of each school year, report to the department evidence of the alignment of its assessment system with the uniform state standards provided within its schools;
17. 1. 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: (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:
  2. 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;
  3. All meetings of the board are subject to W.S. 16-4-401 through 16-4-408 .
  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 Click to view
18. Require the performance of each initial contract teacher to be evaluated once a year against the school district’s standards for performance, as submitted and approved pursuant to W.S. 21-2-304(b)(xv). The evaluation shall be in writing and an opportunity for feedback to improve performance shall be provided. The teacher shall receive a copy of each evaluation of his performance;
19. Establish a teacher performance evaluation system and require the performance of each continuing contract teacher to be evaluated against the school district’s standards for performance, as submitted and approved pursuant to W.S. 21-2-304(b)(xv), once a year until the teacher has been classified as effective under the performance evaluation system utilized by the school district for two (2) consecutive years. Upon a classification of effective for two (2) consecutive years, evaluation shall occur at minimum once every three (3) years. The teacher shall receive a copy of each evaluation of his performance;
20. Performance evaluations required under paragraphs (a)(xvii) and (xviii) of this section 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 that may lead to dismissal, suspension and termination proceedings under W.S. 21-7-110 ;
21. 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;
22. 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;
23. 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;
24. Implement and administer the reading screening and intervention program for students in kindergarten through grade three (3) as required by W.S. 21-3-401 ;
25. Adopt 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)(vi), 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 be designed and used to determine the various levels of student performance in all content areas of the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21-9-101 (b). The district shall report to the state board in accordance with W.S. 21-2-304(a)(iv) on its assessment system adopted under this paragraph;
26. At minimum and on or before November 1 of each school year, report to the department of education evidence that the district is compliant with high school graduation standards imposed by the state board under W.S. 21-2-304(a)(iii);
27. 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;
28. Cooperate with the state construction 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;
29. Annually report to the state superintendent on district expenditures for career and technical education programs, broken down by school, and submitted in a manner and form required by rule and regulation of the state superintendent;
30. Beginning in school year 2017-2018, and each school year thereafter, administer a program where all students enrolled in the eleventh and twelfth grades in the district shall be required to take or be provided the opportunity to take, on a date or dates specified by the state superintendent, a standardized college entrance examination or a career readiness examination 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 and twelfth grades and residing within the district to take the examinations at no cost to the student on the same date or dates administered to all eleventh and twelfth grade public school students in the state. The results of the examinations may be included in each student’s transcript;
31. Not later than school year 2018-2019 and each school year thereafter, in addition to paragraphs (xvii), (xviii) and (xix), require the performance of each school district leader, including superintendents and principals and other district or school leaders serving in a similar capacity to be evaluated each year in accordance with the professional standards established by the state board of education under W.S. 21-2-304(b)(xvi);
32. 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:
  1. “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;
  2. “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.
33. Commencing school year 2011-2012, adopt protocols to address risks associated with concussions and other head injuries resulting from athletic injuries. Implementation of this paragraph shall be subject to the immunity provisions of the Wyoming Governmental Claims Act. The protocols shall:
  1. Include training of coaches and athletic trainers to facilitate the recognition of symptoms of concussions;
  2. Address restrictions concerning participation in school athletic events after suffering a concussion or head injury;
  3. Include means for providing to students and parents information on head injuries and concussions and related restrictions on participation in athletic activities.
34. Commencing with school year 2014-2015 and each school year thereafter, with funds made available to the district under the Wyoming education resource block grant model as defined under W.S. 21-13-101(a)(xiv), require each teacher and school administrator within the district to receive at least eight (8) hours of suicide prevention education every four (4) school years using suitable materials reviewed and recommended by the state superintendent under W.S. 21-2-202(a)(xxxv). Any teacher or school administrator shall receive at least two (2) hours of suicide prevention education during the initial school year of employment with the district if the teacher or school administrator has not received suicide prevention training complying with this paragraph prior to employment. Suicide prevention education may consist of self-review of approved suitable materials. The board shall make all suicide prevention education materials and classes available to interested community members;
35. Effective school year 2015-2016, in conjunction with district accreditation, as a component of the statewide education accountability system and in accordance with W.S. 21-2-202(a)(xxxvi), be subject to a review by the department of education once every five (5) years on the alignment of the district’s assessment system with the uniform state education standards promulgated by the state board, and the district’s adherence to the uniform graduation standards prescribed by the state board under W.S. 21-2-304(a)(iii);
36. Effective January 1, 2018, adopt and enforce a policy regarding the collection, access, privacy, security and use of student data in accordance with guidelines established by the state superintendent under W.S. 21-2-202(a)(xxxvii);
37. Participate in programs of the department of workforce services necessary to receive premium discounts for the state worker’s compensation program;
38. Procure the professional services of architects, engineers and surveyors in accordance with W.S. 9-23-101 through 9-23-107 ;
39. Establish a process in policy to approve or deny requests made by a pupil’s parent or guardian based on the pupil’s kindergarten readiness assessment score to assess whether the pupil is sufficiently mature to be admitted to the applicable grade.
40. Define “habitual truancy” and “unexcused absence” for all students who are attending public schools and establish rules regarding student attendance. For purposes of this paragraph, an absence preapproved by the district or an absence due to an illness, injury or the health care needs of the student or a death or serious illness in the student’s family shall not constitute an unexcused absence. 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 the student’s absence shall be defined by the board as an excused absence. Nothing in this paragraph shall prohibit a school district from requesting verification of the reasons for an absence.
Repealed by Laws 2019, ch. 84, § 2.

History. Laws 1886, ch. 93, § 8; R.S. 1887, § 3938; R.S. 1899, § 543; Laws 1903, ch. 83, § 1; 1905, ch. 67, § 24; C.S. 1910, §§ 1946, 1991, 2074; Laws 1919, ch. 127, § 26; C.S. 1920, §§ 2250, 2302, 2353, 2414; R.S. 1931, §§ 99-124, 99-326, 99-528, 99-814; C.S. 1945, §§ 67-125, 67-617, 67-646, 67-925; Laws 1951, ch. 3, § 1; W.S. 1957, §§ 21-24, 21-125, 21-153, 21-195; Laws 1959, ch. 109, § 5; 1967, ch. 12, § 1; 1969, ch. 111, § 26; Rev. W.S. 1957, § 21.1-26; Laws 1973, ch. 84, § 1; ch. 115, § 1; 1975, ch. 153, § 1; 1977, ch. 53, § 1; ch. 54, § 1; 1979, ch. 83, § 1; 1980, ch. 49, § 2; 1983, ch. 132, § 1; 1988, ch. 24, § 1; 1993, ch. 219, § 1; 1994, ch. 17, § 1; 1997, ch. 4, § 1; 1997, Sp. Sess., ch. 3, §§ 301(a), 501; 2000, ch. 3, § 1; 2001, ch. 158, § 1; ch. 189, § 2; 2002 Sp. Sess., ch. 58, § 1; ch. 76, § 2; ch. 99, § 2; 2003, ch. 164, § 2; 2004, ch. 109, § 1; ch. 114 § 1; 2005, ch. 194, § 2; 2006, ch. 37, § 1, ch. 42, § 1, ch. 115, § 1; 2008, ch. 93, § 1; 2009, ch. 23, § 1, ch. 136, § 1; 2011, ch. 2, § 2; ch. 67, § 1; ch. 182, § 1; ch. 184, § 2; ch. 185, § 1; ch. 190, § 1; 2012, ch. 66, § 1; ch. 101, §§ 1, 2; 2013 ch. 1, § 2, effective January 29, 2013; 2013 ch. 167, § 1, effective March 13, 2013; 2013 ch. 195, §§ 1, 2, effective March 13, 2013; 2014 ch. 27, § 2, effective July 1, 2014; 2015 ch. 30, § 1, effective February 25, 2015; 2015 ch. 178, § 1, effective July 1, 2015; 2015 ch. 179, §§ 1, 2, effective March 9, 2015; 2016 ch. 62, § 1, effective July 1, 2016; 2016 ch. 105, § 3, effective July 1, 2016; 2016 ch. 113, § 1, effective July 1, 2017; 2017 ch. 14, § 1, effective February 16, 2017; 2017 ch. 61, § 1, effective March 1, 2017; 2018 ch. 137, § 1, effective July 1, 2018; 2019 ch. 84, §§ 1, 2, effective July 1, 2019; 2019 ch. 134, § 1, effective February 27, 2019; 2020 ch. 21, § 1, effective July 1, 2020; 2020 ch. 29, § 2, effective October 1, 2020; 2020 ch. 30, § 1, effective October 1, 2020; 2020 ch. 43, § 1, effective July 1, 2020; 2020 ch. 70, § 1, effective July 1, 2020; 2020 ch. 159, § 1, § 1, effective August 1, 2021; 2021 ch. 66, § 1, effective July 1, 2021; 2021 ch. 131, § 1, effective July 1, 2021; 2021 ch. 163, § 1, effective April 21, 2021; 2021 ch. 169, § 2, effective July 1, 2022.

Cross references. —

As to maximum rate of school district tax, see § 21-13-102 .

As to powers and duties of board under Cooperative Educational Services Act, see §§ 21-20-101 through 21-20-111 .

As to career-vocational education program grants, see § 21-12-105 .

The 2004 amendments. —

The first 2004 amendment, by ch. 109, § 1, effective July 1, 2004, in (a)(xxiv), inserted the second sentence.

The second 2004 amendment, by ch. 114, § 1, effective July 1, 2004, added the last two sentences in (a)(x).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2005 amendment, effective July 1, 2005, substituted “16-4-408” for “16-4-407” in (a)(xvi)(C).

The 2006 amendments. —

The first 2006 amendment by ch. 37, § 1, effective July 1, 2006, substituted “district expenditures for vocational education programs” for “the expenditure of amounts distributed to the district under W.S. 21-13-329 ” in (a)(xxviii).

The second 2006 amendment by ch. 42, § 1, effective July 1, 2006, in (a)(xxvii), deleted “annually” following “Develop and,” deleted “over a fix (5) year period” following “needs,” added the last sentence, and made a related change.

The third 2006 amendment by, ch. 115, § 1, effective July 1, 2006, added (a)(xxix).

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2008 amendment, effective July 1, 2008, in (a)(x), added the last sentence of the introductory language and (A) and (B), made stylistic changes; rewrote (a)(xxvii) which read: “Develop and update long range comprehensive school building and facility plans for the district addressing district-wide building and facility needs in accordance with W.S. 21-15-116 , and submit the plan to the school facilities commission as required under W.S. 21-15-116 and by rule and regulation of the commission. The plan shall not include the abandonment or demolition of any school or school facility unless there has first been a public hearing on the issue.”

The 2009 amendments. —

The first 2009 amendment, by ch. 23, § 1, in (a)(x), substituted “21-15-109(c)(i)(A)(II) and (III) and (B)” for “21-15-109(c)(i)(B)” in the second sentence, deleted “Except as provided under W.S. 21 15 109(c)(i)(B),” at the beginning of the third sentence.

Laws 2009, ch. 23, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2009.

The second 2009 amendment, by ch. 136, § 1, effective July 1, 2009, in (a)(xx), added “with at least one (1) full-day kindergarten program available within the district” at the end.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2011 amendments. —

The first 2011 amendment, by ch. 2, § 2, effective July 1, 2011, in the introductory language of (a)(x), substituted “department” for “commission” twice, substituted “21-15-123(f)(iv)” for “21-15-114(a)(vi),” and deleted “If approved by the commission” at the beginning of the last sentence; in the introductory language of (a)(x)(A), substituted “school facilities department” for “commission,” “the contract amount” for “an amount,” and “department” for “commission”; in (a)(x)(A)(II), substituted “department” for “commission”; in (a)(x)(B), substituted “school facilities department” for “commission”; and in (a)(xxvii), substituted “department” for “commission” and inserted “school facilities.”

The second 2011 amendment by ch. 67, § 1, added (a)(xxxi).

Laws 2011, ch. 67, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2011.

The third 2011 amendment, by ch. 182, § 1, effective July 1, 2012, in (a)(xvii), (a)(xviii), and (a)(xix), added “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)”; in (a)(xix), substituted “suspension and termination proceedings under W.S. 21-7-110 ” for “and termination proceedings,” and made related changes; and added (b).

The fourth 2011 amendment, by ch 184 § 2, substituted “W.S. 21-2-204 and 21-2-304(a)(vii)” for “the state board under W.S. 21-2-304(a)(v) and (vi)” in the introductory language of (a)(xxiv); in (a)(xxiv)(A), added “Until school year 2012-2013 and to the extent not covered under subparagraph (B) of this paragraph”; added (a)(xxiv)(B); added (a)(xxx); and made stylistic changes.

Laws 2011, ch. 184, § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2011.

The fifth 2011 amendment, by ch. 185 § 1, effective July 1, 2011, substituted “kindergarten through grade three (3)” for “grades one (1) and two (2)” in (a)(xxiii); and substituted “career-vocational” for “vocational” in (a)(xxviii).

The sixth 2011 amendment by ch. 190, § 1, effective July 1, 2011, added (a)(xxxii).

This section is set out as reconciled by the Wyoming Legislative Service office.

The 2012 amendments. —

The first 2012 amendment, by ch. 66, § 1, effective July 1, 2012, inserted “and intervention” in (a)(xxiii).

The second 2012 amendment, by ch. 101, §§ 1 and 2, effective July 1, 2012, inserted “Not later than school year 2013-2014 and each school year thereafter” in (a)(xvii) through (xix) and (a)(xxx); inserted “in part” following “based” in (a)(xix); rewrote (a)(xxiv) which formerly read: “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”; repealed former (a)(xxiv)(A) and (B), which read: “(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”; in (a)(xxix), substituted “school year 2012-2013” for “the spring semester 2007” and “school year” for “spring semester,” inserted and twelfth grades or variants, and “a computer-adaptive college placement assessment,” and substituted “at no cost to the student on the same date” for “one (1) time at no cost to the student on the same date the examination and test are” and made stylistic changes; in (a)(xxx), inserted “Not later than school year 2013-2014 and each school year thereafter” and “Not later than August 15, 2014 and each school year thereafter,” and substituted “district leader, including superintendents and principals and other district or school leaders serving in a similar capacity to be evaluated” for “principal to be evaluated by the district superintendent,” and “school district leader” for “principal”; and in (b), substituted “2014 and each school year thereafter” for “of each school year” twice, inserted “school and district leaders” twice, and “and (xxx)” and made stylistic changes.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2013 amendments. —

The first 2013 amendment, by ch. 1, § 2, added “, the director” near the end of (a)(i) and (a)(v); generally substituted 21-2-201(c)(v)” for “21-3-202(a)(xxii)”; substituted “director” for “state superintendent” throughout the section; and deleted “Not later than December 31, 2011,” at the beginning of (a)(xxxi).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The second 2013 amendment, by ch. 167, § 1, in (a), substituted “2016-2017” for “2013-2014” in (xvii) through (xix); substituted “evaluated summatively” for “evaluated in writing at least twice annually” in (xvii); substituted “evaluated summatively” for “evaluated in writing at least once each year” in (xviii); in (xix), substituted “2016-2017” for “2013-2014” and “that may lead to dismissal” for “for dismissal”; in (xxx), substituted “2015-2016” for “2013-2014” and “August 15, 2016 and August 15 of each school year” for “August 15, 2014 and each school year”; and in (b), substituted “June 1, 2017 and June 1 of each school year” for “April 15, 2014 and each school year,” added “on or before June 1, 2016, and June 1 of each school year thereafter, identifying all,” substituted “in need of improvement or ineffective” for “inadequate or unsatisfactory,” and rewrote the last sentence.

The third 2013 amendment, by ch. 195, §§ 1, 2, in (a)(xxiv), rewrote the fourth sentence, added “2015, and each August 1 thereafter” near the beginning of the fifth sentence, added “for reading and mathematics” in the sixth sentence, and added “in reading and mathematics” in the last sentence; in the first sentence of (a)(xxix), added “or be provided the opportunity to take” before “on a date specified by the director” and added “of the department of education” thereafter.

While none of the amendments gave effect to the others, all have been given effect in this section as set out above.

The 2014 amendments. —

The first 2014 amendment, by ch. 27, § 2, effective July 1, 2014, added (a)(xxxiii).

The second 2014 amendment, by ch. 79, § 1, in (a)(x)(B), substituted “program” for “section.”

Laws 2014, ch. 79, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 10, 2014.

The 2015 amendments. —

The first 2015 amendment, by ch. 30, § 1 in (a)(i), deleted “the director” following “state board”; in (a)(v), deleted “the director” following “state superintendent”; in (a)(xii), substituted “W.S. 21-2-202(a)(xxii)” for “W.S. 21-2-201(c)(v)”; in (a)(xxviii), substituted “state superintendent” for “director” twice; in (a)(xxviii); in the first sentence in (a)(xxix), substituted “state superintendent” for “director of the department of education”; in the introductory language of (a)(xxxi), added “Not later than December 31, 2011” at the beginning, and substituted “W.S. 21-2-201(c)(iii) 21-2-202(a)(xxxii)” for “W.S. 21-2-201(c)(iii) 21-2-202(a)(xxxii)” in the second and fifth sentences; and made related changes.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The second 2015 amendment, by ch. 178, § 1 effective July 1, 2015, in (a)(xxxii), inserted the second line.

The third 2015 amendment, by ch. 179, §§ 1, 2 in (a)(xv), inserted “and on or before November 1 of each school year, report to the department evidence of the alignment of its assessment system with the uniform state standards provided within its schools”, in (a)(xvii), (xviii) and (xix), substituted “2019-2020” for “2016-2017”; in (xxiv), substituted “21-2-304(a)(vi),” for “21-2-304(a)(vii)”, “in all content areas of” for “and attainment of high school graduation as described” deleted the third sentence which read, “Beginning school year 2014-2015 and each school year thereafter, a component of the district assessment system shall include a measure or multiple measures used to determine satisfactory completion of high school graduation requirements and developed in accordance with guidelines established by the state board.”; deleted “on or before August 1, 2015, and each August 1 thereafter”; rewrote (a)(xxv), substituted “2018-2019” for “2015-2016”, “2019” for “2016” and deleted “necessary for continued employment;” in (a)(xxix) inserted “for students enrolled in eleventh or twelfth grade” in two instances and substituted “may” for “shall”; added (xxxiv) and (b).

Laws 2015, ch. 179, §§ 1, 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyo. Const. Approved March 9, 2015.

The 2016 amendments. —

The first 2016 amendment, by ch. 62 § 1, effective July 1, 2016, in (a)(x) in the third sentence, inserted “or a charter school operating pursuant to a contract with the district” following “If the district” and inserted “or the charter school” preceding “is the lessee,” and inserted “of the district or the charter school” in the last sentence; redesignated former (a)(ii)(B) as (a)(ii)(C), added (a)(ii)(B), and inserted “or a charter school” in the first sentence of (a)(ii)(C).

The second 2016 amendment, by ch. 105 § 3, effective July 1, 2016, substituted “state construction department” for “school facilities department” wherever it occurred in (a)(x), (a)(x)(A), (a)(x)(B), and (a)(xxvii); and in (a)(x)(B) substituted “the department” for “the construction management program within the general services division of the department of administration and information.”

The third 2016 amendment, by ch. 113 § 1, effective July 1, 2017, at the beginning of (a)(xxiv), substituted “Adopt” for “Establish,” in the present last sentence, substituted “adopted” for “established,” and deleted the former last two sentences, which read, “Beginning school year 2013–2014 and each school year thereafter, a component of the district assessment system shall include common benchmark adaptive assessments for reading and mathematics in grades two (2) through eight (8), common to all districts statewide, administered at least two (2) times during any one (1) school year and administered once in grade one (1). An additional component of the district assessment system shall continue the longitudinal study of summer school program effectiveness which uses a single common benchmark adaptive assessment in reading and mathematics administered for summer school and extended day intervention and remediation programs in accordance with W.S. 21-13-334(h)(iv)”; in (a)(xxix), in the first sentence, substituted “2017–2018” for “2012–2013,” inserted “or dates” following “date,” deleted “curriculum based, achievement” following “standardized,” and substituted “or a career readiness examination” for “a computer-adaptive college placement assessment or for students enrolled in eleventh or twelfth grade, a jobs skills assessment test,” in the second sentence deleted “or for students in the eleventh or twelfth grade, the jobs skills assessment test” following “examinations,” inserted “or date” following “dates,” in the last sentence deleted “or jobs skills assessment test taken” following “examinations”; and made stylistic changes.

This section is set out as reconciled by the Wyoming legislative service office.

The 2017 amendments. — The first 2017 amendment, by ch. 14, § 1, added (a)(xxxv).

Laws 2017, ch. 14, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 16, 2017.

The second 2017 amendment, by ch. 61, § 1, effective July 1, 2017, in (a)(xxx), inserted “each year,” substituted “professional standards established by the state board of education” for “statewide education accountability system established,” deleted “Not later than August 15, 2019 and August 15 of each school year thereafter, in accordance with rules and regulations of the state board, the district board shall also provide the state board written reports verifying school district leader performance and providing performance scores” following “education under,” and substituted “ W.S. 21-2-304(b)(xvi)” for “ W.S. 21-2-204 .”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2018 amendment, effective July 1, 2018, added (a)(xxxvi).

The 2019 amendments. — The first 2019 amendment, ch 84, § 1, effective July 1, 2019, in (a)(xvii) and (xviii), deleted "Not later than school year 2019-2020 and each school year thereafter," in (a)(xvii), substituted "evaluated once a year against the school district's standards for performance, as submitted and approved pursuant to W.S. 21-2-304(b)(xv). The evaluation shall be in writing and an opportunity for feedback to improve performance shall be provided" for "evaluated summatively 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)," in (a)(xviii), substituted "evaluated against the school district's standards for performance, as submitted and approved pursuant to W.S. 21-2-304(b)(xv), once a year until the teacher has been classified as effective under the performance evaluation system utilized by the school district for two (2) consecutive years. Upon a classification of effective for two (2) consecutive years, evaluation shall occur at minimum once every three (3) years" for "evaluated summatively 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)," and in (a)(xix), substituted "Performance evaluations required under paragraphs (a)(xvii) and (xviii) of this section shall" for "Not later than school year 2019-2020 and each school year thereafter, based in part upon student achievement measures established by the state board of education under W.S. 21-2-304(b)(xv), performance evaluations shall."

The second 2019 amendment, Laws 2019, ch 84, § 2, effective July 1, 2019, repealed former (b), which read: "On or before June 1, 2020 and June 1 of each school year thereafter, each school district superintendent shall provide a report to the board of trustees identifying all teachers and on or before June 1, 2019, and June 1 of each school year thereafter, identifying all school and district leaders within the district whose performance, through evaluations conducted under paragraphs (a)(xvii) through (xix) and (xxx) of this section, has been determined in need of improvement or ineffective for that school year. The report shall include a summary of mentoring and other professional development activities made available to the identified school and district leaders and teachers to improve instruction and student achievement. Not later than July 1, 2019 for school and district leaders, and July 1, 2020 for district teachers, and July 1 of each school year thereafter, the board shall file a report with the department of education certifying compliance with this subsection."

Laws 2019, ch 134, § 1 effective February 27, 2019, in (a)(viii), deleted "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" in the first sentence, added "of the purchase of insurance, supplies or materials other than textbooks is equal to or" in the second sentence, and added the third and last sentences.

The 2020 amendments. — The first 2020 amendment, by ch. 21, § 1, effective July 1, 2020, in (a)(viii), added “A district shall independently meet the requirements of this paragraph when procuring goods or services that are subject to this paragraph through a board of cooperative educational services” as the seventh sentence.

The second 2020 amendment, by ch. 29, § 2, effective October 1, 2020, in (a)(viii), added “and on the state procurement website, as defined in W.S. 9-2-3001(b)(vii)” at the end of the second sentence, substituted “For any contract for a capital construction project with an estimated value in excess of fifty thousand dollars ($50,000.00), the board shall publish a call for bids in a newspaper of general circulation in the district” for “When any school building is to be built costing fifty thousand dollars ($50,000.00) or more or when any repairs, additions or improvements costing fifty thousand dollars ($50,000.00) or more are to be made to any school building, facility or other district property, the board shall obtain competitive bids and publish a call for bids in a newspaper of general circulation in the state,” added “All contracts for capital construction projects shall be let in accordance with W.S. 9-2-3004 and 9-2-3006 except as provided in this paragraph” as the present fourth sentence, substituted “in any bid, as defined in W.S. 9-2-3001(b)(v)” for “in the bidding,” and deleted the last sentence, which read “The requirements of this paragraph shall not apply to the procurement of professional services of architects, engineers or surveyors when the board seeks to procure professional services pursuant to W.S. 9-2-1027 through 9-2-1033 .”

The third 2020 amendment, by ch. 30, § 1, effective October 1, 2020, added (a)(xxxvii).

The fourth 2020 amendment, by ch. 43, § 1, effective July 1, 2020, in (a)(viii) substituted “more than twenty-five thousand dollars ($25,000.00)” for “more than ten thousand dollars ($10,000.00),” “less than fifty thousand dollars ($50,000.00)” for “less than twenty-five thousand dollars ($25,000.00),” and “exceeds fifty thousand dollars ($50,000.00)” for “exceeds twenty-five thousand dollars ($25,000.00).”

The fifth 2020 amendment, by ch. 70, § 1, redesignated former (a)(x)(B) as the introductory language of (a)(x)(B), (a)(x)(B)(I) and (a)(x)(B)(II); added (a)(x)(B)(III) and made related changes.

The sixth 2020 amendment, by ch. 159, § 1, effective August 1, 2021, added (a)(xxxvii).

This section has been set out as reconciled by the legislative services office.

The 2021 amendments. —

The first 2021 amendment, by ch. 66, § 1, effective July 1, 2021, substituted "career and technical" for "vocational" in the second sentence of (a)(ii)(A); and substituted "career and technical" for "career-vocational" in (a)(xxviii).

The second 2021 amendment, by ch. 131, § 1, effective July 1, 2021, substituted "21-15-117" for "21-15-115." in the first sentence of (a)(x).

The third 2021 amendment, by ch. 163, § 1, effective August 1, 2021, added (a)(xxxix).

The fourth 2021 amendment, by ch. 169, § 2, effective July 1, 2022, substituted "within the boundaries of" for "pursuant to a contract with" in the third sentence of (a)(x); deleted "by the district" following "approved" in (a)(x)(A)(I); and added "applicable" in (a)(x)(A)(II).

This section is set out as reconciled by the Wyoming legislative service office.

Effective Dates.—

Laws 2019, ch. 134 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 27, 2019.

Editor's notes. —

Laws 2015, ch. 179, amending this section , states in relevant part: “conforming Wyoming Statute to Powers v. State, 2014 WY 15, 318 P.3d 300 and Powers v. State, No. 180-673 (1st Jud. Dist. Ct. Apr. 18, 2014).

Laws 2014, ch. 27, § 2 superseded alternative provisions in section 1 of the act and became effective July 1, 2014, upon the Governor's certification of the issuance of a final court order as specified in section 3(a) of the act.

Educational data systems. —

Laws 2003, ch. 131, § 4, directs the state department of education to acquire necessary data software to support the requirements of the body of evidence assessment systems implemented by school districts as required by W.S. 21-3-110(a)(xxiv) to determine levels of student performance and to comply with state graduation requirements. The department is to issue a request for proposal (RFP) in consultation with the SBET advisory group, enabling software to be fully functional by school year 2004-2005. The SBET advisory group is to assist the department in reviewing and evaluating all proposals submitted in response to the RFP. Following review and evaluation and if a proposal is accepted, meets the requirements of this section and is approved by the SBET advisory group, the state department is to enter into contract to implement the proposal, subject to available funds. The section further establishes a design team, to be comprised of seven members as specified in the section, to assist the state superintendent of public instruction in the investigation, development and implementation of a statewide education data system, which is to provide a statewide capability to share and access educational information between school districts and the state, through common labeling and storage of data, both internally for school district use and externally for state and federal data collections. On or before December 31, 2003, and on behalf of the design team, the state superintendent of public instruction is to report to the joint education interim committee on a proposed statewide data system developed pursuant to the act. Recommendations are to be structured to enable implementation during the 2005-2006 school year, and are to include necessary enabling legislation. One million dollars is appropriated from the general fund to the state department of education to implement this section.

Laws 2003, ch. 131 § 400, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2003.

Laws 2004, ch. 95, § 2, subsection 5, effective July 1, 2004, directs that of the federal fund appropriation and in response to the information and reporting requirements imposed by the federal No Child Left Behind Act of 2001, $1,500,000.00 is to be expended for the continuing development and implementation of the statewide education data system established under 2003 Wyoming Session Laws, Chapter 131, Section 327(b). The expenditure of these funds is to include infrastructure development, software upgrading, staff training, central data management application, student identification applications, data processing and system management and oversight.

Laws 2004, ch. 95, § 2, subsection 205, effective July 1, 2004, directs that of the school foundation program account appropriation, $1,000,000 is to only be expended by the department of education for the continuing implementation and operation of the student performance data system as provided by 2003 Wyoming Session Laws, Chapter 131, Section 327(a) and the continuing development and implementation of the statewide education data system established under 2003 Wyoming Session Laws, Chapter 131, Section 327(b).

Laws 2005, ch. 121, § (3)(d), effective July 1, 2005, appropriates $300,000 from amounts within the school foundation program account to the department for the continuation of the student performance data system pilot projects implemented by the standards and body of evidence tracking (SBET) advisory group in accordance with Laws 2003, ch. 131, § 327(a). The appropriation is for continuance of projects during the period July 1, 2005 through June 30, 2006.

Applicability.—

Laws 2019, ch. 134 § 2, provides: "This act shall apply only to procurement activities initiated on or after the effective date of this act."

School district not entitled to eleventh amendment immunity. —

Although a school district obtains more than 1/4 of its funds from the state of Wyoming, the school district on balance is not entitled to an eleventh amendment immunity as an arm of the state of Wyoming. Stoddard v. School Dist., 429 F. Supp. 890, 1977 U.S. Dist. LEXIS 16623 (D. Wyo. 1977), aff'd in part and rev'd in part, 590 F.2d 829, 1979 U.S. App. LEXIS 17844 (10th Cir. Wyo. 1979).

Since board is more like county than arm of state. —

School district is not authorized to adopt four-day school week, resulting in a 144-day school year. Johnston v. Board of Trustees, 661 P.2d 1045, 1983 Wyo. LEXIS 313 (Wyo. 1983).

Entries upon minutes as to claim. —

Warrant regularly drawn, in pursuance of a vote to issue warrants to pay a valid indebtedness, is not rendered invalid because minutes of the board contained no record of presentation of the claim, its audit and allowance, or of an order for the issuance of the warrant. School Dist. No. 3 v. School Dist. No. 3 v. Western Tube Co., 13 Wyo. 304, 80 P. 155, 1905 Wyo. LEXIS 12 (1895).

Sufficiency of advertising for bids. —

Where building committee advertised for bids for construction of schoolhouse and installation of heating plant, and awarded separate contracts to different bidders at different times, the amount of the two contracts exceeding the funds derived from bond issue authorized, but being less than funds available for building purposes, there was a sufficient advertisement for bids to authorize the contract for heating plant, even though awarded at a later date. School Dist. No. 3 v. School Dist. No. 3 v. Western Tube Co., 13 Wyo. 304, 80 P. 155, 1905 Wyo. LEXIS 12 (1895).

Evaluation policy, rules, inapplicable to untenured teachers. —

A school district's evaluation policy and rules, which were adopted primarily for use in performing operational and supervisory duties, did not protect initial contract teachers from dismissal because, as teachers without tenure, they could be dismissed even after receiving favorable evaluations. Leonard v. Converse County Sch. Dist. No. 2, 788 P.2d 1119, 1990 Wyo. LEXIS 26 (Wyo. 1990).

As is implied covenant, public policy. —

The implied covenant of good faith and fair dealing and the public policy exception to the employment-at-will doctrine do not apply to the termination of employment contracts between school districts and initial contract teachers. Leonard v. Converse County Sch. Dist. No. 2, 788 P.2d 1119, 1990 Wyo. LEXIS 26 (Wyo. 1990).

Allegations presented to board regarding improper conduct by principal deemed privileged. —

Allegations presented to a school board by parents and teachers, in their effort to obtain a termination of a high school principal, premised upon various incidents involving the principal, such as improper sexual advances and medical treatment, were not “outrageous,” such as to support an action of intentional infliction of emotional distress, and, further, were privileged. Spurlock v. Ely, 707 P.2d 188, 1985 Wyo. LEXIS 583 (Wyo. 1985).

Board authorized to close school. —

School board had authority to close a county high school where decision was based upon substantial evidence, including host of variables and options, and was accordingly not arbitrary or capricious. See Ward v. Board of Trustees, 865 P.2d 618, 1993 Wyo. LEXIS 189 (Wyo. 1993).

Public inspection of names and salaries of school district employees. —

In granting summary judgment in favor of a newspaper, the district court properly ruled as a matter of law that the newspaper was entitled to information concerning the names and salaries of individual employees of a school district. Laramie County Sch. Dist. No. One v. Cheyenne Newspapers, 2011 WY 55, 250 P.3d 522, 2011 Wyo. LEXIS 58 (Wyo. 2011).

Applied in

Board of Trustees v. Colwell, 611 P.2d 427, 1980 Wyo. LEXIS 267 (Wyo. 1980); Milton v. Mitchell, 762 P.2d 372, 1988 Wyo. LEXIS 133 (Wyo. 1988).

Quoted in

Teton Plumbing & Heating, Inc. v. Board of Trustees, 763 P.2d 843, 1988 Wyo. LEXIS 141 (Wyo. 1988); Campbell County Sch. Dist. v. State, 907 P.2d 1238, 1995 Wyo. LEXIS 203 (Wyo. 1995).

Cited in

In re Seyfang, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Law reviews. —

For note, “The Common-Law Rule Against Holding Incompatible Offices — Abolishing the ‘Office’ Limitation,” see IX Land & Water L. Rev. 667 (1974).

Am. Jur. 2d, ALR and C.J.S. references. —

Zoning regulations as applied to public elementary and high schools, 74 ALR3d 136.

Validity of local or state denial of public school courses or activities to private or parochial school students, 43 ALR4th 776.

§ 21-3-110. Duties of boards of trustees. [Effective July 1, 2022]

The board of trustees in each school district shall:
1. 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;
2. 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:
  1. 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;
  2. 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.
3. 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;
4. 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;
5. Submit reports concerning finances or any other matter as the state board, state superintendent or state law may require;
6. 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;
7. Control and disburse all moneys received from any source to maintain the schools within the district;
8. Obtain competitive bids when any purchase of insurance, supplies or materials other than textbooks costing more than twenty-five thousand dollars ($25,000.00) and less than fifty thousand dollars ($50,000.00) is contemplated unless precluded by other regulation or statute. If the amount of the purchase of insurance, supplies or materials other than textbooks is equal to or exceeds fifty thousand dollars ($50,000.00), a call for bids shall be published at least once in a newspaper of general circulation in the district and on the state procurement website, as defined in W.S. 9-2-3001(b)(vii). For any contract for a capital construction project with an estimated value in excess of fifty thousand dollars ($50,000.00), the board shall publish a call for bids in a newspaper of general circulation in the district at least once each week for two (2) consecutive weeks. All contracts for capital construction projects shall be let in accordance with W.S. 9-2-3004 and 9-2-3006 except as provided in this paragraph. The district shall reserve the right to reject any and all bids and to waive irregularities and informalities in any bid, as defined in W.S. 9-2-3001(b)(v). 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. A district shall independently meet the requirements of this paragraph when procuring goods or services that are subject to this paragraph through a board of cooperative educational services.
9. 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;
10. Subject to review by the state construction department under W.S. 21-15-117 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 state construction 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 or a charter school operating within the boundaries of the district enters into an agreement to lease buildings and facilities under which the district or the charter school 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 of the district or the charter school 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:
  1. If the lease payment is for educational facilities used in the actual operation of a charter school, the state construction department shall pay the district the contract amount approved by the department for the lease payment by the charter school if:
    1. The charter is approved under W.S. 21-3-301 through 21-3-314 ;
    2. The department determines no adequate educational facilities exist within the applicable district for operation of the charter school;
    3. The charter school has been approved and has successfully operated for a period of not less than three (3) years; and
    4. The district pays the charter school the amount of the reimbursement received under this subparagraph.
  2. Any payment made by the department pursuant to this paragraph for a leased building or facility shall not exceed the average cost per square foot to lease buildings or facilities comparable to those appropriate for public K-12 education multiplied by the total square feet leased by the district or charter school necessary to deliver the required educational program. The average cost per square foot for comparable buildings or facilities shall:
    1. Be as determined by the department;
    2. Be comparable in location and type to the building or facility leased by the district or charter school; and
    3. Not include any cost for utilities or routine maintenance.
  3. If the lease payment is for facilities leased to the district or a charter school 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 state construction 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 department.
11. Adopt and use an official seal when required to authenticate official acts;
12. Cause the United States and Wyoming flags to be properly displayed in, upon, or around school buildings within the district;
13. 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;
14. 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;
15. 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 and on or before November 1 of each school year, report to the department evidence of the alignment of its assessment system with the uniform state standards provided within its schools;
16. 1. 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: (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:
  2. 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;
  3. All meetings of the board are subject to W.S. 16-4-401 through 16-4-408 .
  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 Click to view
17. Require the performance of each initial contract teacher to be evaluated once a year against the school district’s standards for performance, as submitted and approved pursuant to W.S. 21-2-304(b)(xv). The evaluation shall be in writing and an opportunity for feedback to improve performance shall be provided. The teacher shall receive a copy of each evaluation of his performance;
18. Establish a teacher performance evaluation system and require the performance of each continuing contract teacher to be evaluated against the school district’s standards for performance, as submitted and approved pursuant to W.S. 21-2-304(b)(xv), once a year until the teacher has been classified as effective under the performance evaluation system utilized by the school district for two (2) consecutive years. Upon a classification of effective for two (2) consecutive years, evaluation shall occur at minimum once every three (3) years. The teacher shall receive a copy of each evaluation of his performance;
19. Performance evaluations required under paragraphs (a)(xvii) and (xviii) of this section 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 that may lead to dismissal, suspension and termination proceedings under W.S. 21-7-110 ;
20. 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;
21. 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;
22. 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;
23. Implement and administer the reading screening and intervention program for students in kindergarten through grade three (3) as required by W.S. 21-3-401 ;
24. Adopt 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)(vi), 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 be designed and used to determine the various levels of student performance in all content areas of the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21-9-101 (b). The district shall report to the state board in accordance with W.S. 21-2-304(a)(iv) on its assessment system adopted under this paragraph;
25. At minimum and on or before November 1 of each school year, report to the department of education evidence that the district is compliant with high school graduation standards imposed by the state board under W.S. 21-2-304(a)(iii);
26. 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;
27. Cooperate with the state construction 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;
28. 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;
29. Beginning in school year 2017-2018, and each school year thereafter, administer a program where all students enrolled in the eleventh and twelfth grades in the district shall be required to take or be provided the opportunity to take, on a date or dates specified by the state superintendent, a standardized college entrance examination or a career readiness examination 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 and twelfth grades and residing within the district to take the examinations at no cost to the student on the same date or dates administered to all eleventh and twelfth grade public school students in the state. The results of the examinations may be included in each student’s transcript;
30. Not later than school year 2018-2019 and each school year thereafter, in addition to paragraphs (xvii), (xviii) and (xix), require the performance of each school district leader, including superintendents and principals and other district or school leaders serving in a similar capacity to be evaluated each year in accordance with the professional standards established by the state board of education under W.S. 21-2-304(b)(xvi);
31. 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:
  1. “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;
  2. “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.
32. Commencing school year 2011-2012, adopt protocols to address risks associated with concussions and other head injuries resulting from athletic injuries. Implementation of this paragraph shall be subject to the immunity provisions of the Wyoming Governmental Claims Act. The protocols shall:
  1. Include training of coaches and athletic trainers to facilitate the recognition of symptoms of concussions;
  2. Address restrictions concerning participation in school athletic events after suffering a concussion or head injury;
  3. Include means for providing to students and parents information on head injuries and concussions and related restrictions on participation in athletic activities.
33. Commencing with school year 2014-2015 and each school year thereafter, with funds made available to the district under the Wyoming education resource block grant model as defined under W.S. 21-13-101(a)(xiv), require each teacher and school administrator within the district to receive at least eight (8) hours of suicide prevention education every four (4) school years using suitable materials reviewed and recommended by the state superintendent under W.S. 21-2-202(a)(xxxv). Any teacher or school administrator shall receive at least two (2) hours of suicide prevention education during the initial school year of employment with the district if the teacher or school administrator has not received suicide prevention training complying with this paragraph prior to employment. Suicide prevention education may consist of self-review of approved suitable materials. The board shall make all suicide prevention education materials and classes available to interested community members;
34. Effective school year 2015-2016, in conjunction with district accreditation, as a component of the statewide education accountability system and in accordance with W.S. 21-2-202(a)(xxxvi), be subject to a review by the department of education once every five (5) years on the alignment of the district’s assessment system with the uniform state education standards promulgated by the state board, and the district’s adherence to the uniform graduation standards prescribed by the state board under W.S. 21-2-304(a)(iii);
35. Effective January 1, 2018, adopt and enforce a policy regarding the collection, access, privacy, security and use of student data in accordance with guidelines established by the state superintendent under W.S. 21-2-202(a)(xxxvii);
36. Participate in programs of the department of workforce services necessary to receive premium discounts for the state worker’s compensation program;
37. Procure the professional services of architects, engineers and surveyors in accordance with W.S. 9-23-101 through 9-23-107 ;
38. Establish a process in policy to approve or deny requests made by a pupil’s parent or guardian based on the pupil’s kindergarten readiness assessment score to assess whether the pupil is sufficiently mature to be admitted to the applicable grade.
Repealed by Laws 2019, ch. 84, § 2.

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

The board of trustees in each school district within the state may:
1. Sue and be sued in the name by which the district is designated;
2. 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 leasing of real property under W.S. 21-15-112 ;
3. 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;
4. Employ legal counsel and bear the cost of litigation;
5. Accept or reject any federal or other gift, grant, bequest, or devise;
6. Employ and determine the salaries and duties of:
  1. A superintendent of schools who shall be the chief administrative officer of the district;
  2. 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;
  3. Teachers who shall provide the expertise in their areas of instruction;
  4. Other certified professional employees; and
  5. Other personnel.
7. Discharge any employee subject to the provisions of any applicable law governing the procedure for terminating the employment of school district employees;
8. Insure against loss of property;
9. Repealed by Laws 1997 Special Session, ch. 3, § 502.
10. 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;
11. Provide for the operation of school lunch programs in schools under its jurisdiction;
12. 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;
13. 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;
14. 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;
15. 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;
16. Repealed by Laws 2021, ch. 163, § 2.
17. Establish a school bus driver training program in accordance with W.S. 21-3-131(a);
18. Establish and maintain a program of adult education;
19. Develop policies and pest control methods including emergency policies, to minimize risk to students and employees, school property and the environment;
20. Enter into school building construction and renovation project agreements with the state construction department as authorized under W.S. 21-15-123(f)(v);
21. Request the fingerprints of any employee initially hired by a school district on or after July 1, 1996, who may have access to minors in the course of the employee’s employment, as provided by W.S. 7-19-106(a)(xxvi) and 7-19-201(a)(iii). The school district shall pay for the costs associated with the request.
22. Enter into or authorize the district superintendent to enter into student learner agreements as defined by W.S. 27-14-102(a)(xxxiv) with any employer pursuant to W.S. 27-14-110 .
Not later than January 1, 1998, the board of trustees of each school district that has established trustee residence areas before that date shall:
1. Establish by resolution that all trustees shall be elected at-large from the entire district; or
2. 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.
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.

History. C.L. 1876, ch. 103, §§ 24, 35; R.S. 1887, §§ 3936, 3948; Laws 1888, ch. 72; Part III, § 4; 1895, ch. 50, § 1; ch. 88, § 1; R.S. 1899, §§ 540, 553, 593, 624, 2914; C.S. 1910, §§ 1943, 1955, 1975, 1998, 3830; C.S. 1920, §§ 2247, 2259, 2281, 2311, 4894; R.S. 1931, §§ 38-102, 99-323, 99-333, 99-352, 99-1201; C.S. 1945, §§ 3-6002, 67-616, 67-625, 67-644, 67-645; Laws 1955, ch. 119, § 14; W.S. 1957, §§ 1-744, 21-124, 21-132, 21-151, 21-152; Laws 1961, ch. 97, § 1; 1969, ch. 111, § 27; Rev. W.S. 1957, § 21.1-27; Laws 1973, ch. 84, § 1; 1977, ch. 77, § 1; 1979, ch. 121, § 1; 1981, ch. 4, § 1; ch. 174, § 2; 1982, ch. 49, § 1; 1987, ch. 190, § 2; 1994, ch. 53, § 1; ch. 61, § 2; 1995, ch. 112, § 2; 1997, ch. 189, § 2; 1997, Sp. Sess., ch. 3, § 502; 1999, ch. 170, § 501; 2001, ch. 56, § 2; ch. 94, § 1; ch. 177, § 1; 2002 Sp. Sess., ch. 99, § 2; 2009, ch. 170, § 1; 2012, ch. 71, § 1; 2014 ch. 54, § 1, effective July 1, 2014; 2015 ch. 131, § 1, effective March 4, 2015; 2016 ch. 105, § 3, effective July 1, 2016; 2021 ch. 160, § 2, effective July 1, 2021; 2021 ch. 163, § 2, effective August 1, 2021.

The 2009 amendment, effective July 1, 2009, in (b)(ii), in the second to last sentence, substituted “last federal census” for “most recent federal census”; and in (c), in the second sentence, inserted “decennial” preceding “federal census.”

The 2012 amendment, added (a)(xxi).

Laws 2012, ch. 71 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2012.

The 2014 amendment, in (a)(ii), substituted “includes leasing of real property under” for “includes capital leasing under” in the second sentence.

The 2015 amendment, in (a)(xx), substituted “department” for “school facilities commission” and “W.S. 21-15-123(f)(v)” for “W.S. 21-15-114(a)(viii)”; and in (a)(xxi), substituted “and 7-19-201(a)(iii)” for “and 7-19-210(a)(iii).”

Laws 2015, ch. 131, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2016 amendment , effective July 1, 2016, inserted “state construction” preceding “department” in (a)(xx).

The 2021 amendments. —

The first 2021 amendment, by ch. 160, § 2, effective July 1, 2021, added (a)(xxii).

The second 2021 amendment, by ch. 163, § 2, effective August 1, 2021, repealed (a)(xvi), which read, “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.”

Editor's notes. —

Laws 2009 ch 170 § 3 provides:

“(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

Cross references. —

As to obtaining liability insurance, see §§ 21-3-126 through 21-3-130 .

As to provisions relating to district boundary board of trustees, see §§ 21-6-207 and 21-6-215 .

As to teacher contracts, see §§ 21-7-101 through 21-7-114 .

As to providing insurance and other fringe benefits to teachers and other employees, see § 21-7-301 .

As to powers and duties of board under Cooperative Educational Services Act, see §§ 21-20-101 through 21-20-111 .

As to condemnation procedure, see Rule 71.1, W.R.C.P.

Under this chapter, school boards have been granted many new and sweeping powers which are a dramatic change from the old law, whereunder school boards only had the power to sell district property. Courtney v. School Dist., 371 F. Supp. 401, 1974 U.S. Dist. LEXIS 12070 (D. Wyo. 1974).

School districts intended to be more than simply agent of state. —

Powers specified in this section evidence the clear intention of making school districts more than simply an agent of the state, as is a municipal corporation. Courtney v. School Dist., 371 F. Supp. 401, 1974 U.S. Dist. LEXIS 12070 (D. Wyo. 1974).

School district not entitled to eleventh amendment immunity. —

Since board is more like county than arm of state. —

School board may be vicariously liable for the actions of its agents. Courtney v. School Dist., 371 F. Supp. 401, 1974 U.S. Dist. LEXIS 12070 (D. Wyo. 1974).

Section does not make each individual board member equivalent of board itself, and a judgment against the board or the district is not a judgment against the individual board members. Correspondingly, an insurance policy covering board members individually is not transformed by operation of the statute into a policy covering a school district. St. Paul Fire & Marine Ins. Co. v. Albany County Sch. Dist., 763 P.2d 1255, 1988 Wyo. LEXIS 145 (Wyo. 1988).

Powers may be exercised only at meeting regularly convened. —

It is implicit in the interpretation of statutes relating to the powers and duties of school boards that such powers can be exercised only at a meeting of the board regularly convened. Twitchell v. Bowman, 440 P.2d 513, 1968 Wyo. LEXIS 170 (Wyo. 1968).

Seeking injunction against removal of building. —

A school district which was prevented by husband of owner of land on which school building temporarily stood, under special license, from removing and using the same for some weeks, thereby sustaining irreparable loss and injury, was entitled to injunction restraining husband from interfering with building's removal. School Dist. v. Donahue, 55 Wyo. 220, 97 P.2d 663, 1940 Wyo. LEXIS 1 (Wyo. 1940).

Incurring debt for heating plant. —

In absence of statute, a school district has authority to incur a debt reasonably necessary to install a heating plant in a new schoolhouse. School Dist. No. 3 v. Western Tube Co., 13 Wyo. 304, 80 P. 155, 1905 Wyo. LEXIS 12 (1895).

Use of school buildings. —

A taxpayer is not entitled to enjoin the use of school buildings for dances, social functions, athletic contests, etc. Merryman v. School Dist., 43 Wyo. 376, 5 P.2d 267, 1931 Wyo. LEXIS 33 (Wyo. 1931).

Determination of teacher salaries. —

Although school district administrators may not have had specific authority from school board to grant teachers pay increases which varied from established salary schedule, board could not avoid performance where it approved, honored, and renewed teachers' contracts; inconsistency with district regulations, by itself, did not render contracts invalid. Lippincott v. Board of Trustees, 3 P.3d 861, 2000 Wyo. LEXIS 98 (Wyo. 2000).

Dismissal of teachers and employees. —

See School District No. 32, in School Dist. v. Wempen, 80 Wyo. 311, 342 P.2d 232, 1959 Wyo. LEXIS 39 (Wyo. 1959).

The board of trustees of a school district has authority to discharge a teacher. Durst v. School Dist. No. 2, Durst v. School Dist., 39 Wyo. 442, 273 P. 675, 1929 Wyo. LEXIS 64 (Wyo. 1929).

Power of school board to appoint a teacher carries with it implied power to remove, unless limited or restricted. Baird v. School Dist., 41 Wyo. 451, 287 P. 308, 1930 Wyo. LEXIS 23 (Wyo. 1930).

Superintendents not teachers for tenure purposes. —

While superintendents are considered “certified professional employees” for hiring purposes, superintendents are not teachers for tenure purposes. Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Applied in

Board of Trustees v. Colwell, 611 P.2d 427, 1980 Wyo. LEXIS 267 (Wyo. 1980).

Stated in

Roberts v. Lincoln County School Dist. Number One, 676 P.2d 577, 1984 Wyo. LEXIS 260 (Wyo. 1984); Milton v. Mitchell, 762 P.2d 372, 1988 Wyo. LEXIS 133 (Wyo. 1988).

Cited in

Teton Plumbing & Heating, Inc. v. Board of Trustees, 763 P.2d 843, 1988 Wyo. LEXIS 141 (Wyo. 1988); Laramie Cnty. Sch. Dist. No. One ex rel. Bd. of Trs. v. Kinstler, 2015 WY 143, 2015 Wyo. LEXIS 159 (Nov. 12, 2015).

Law reviews. —

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

Am. Jur. 2d, ALR and C.J.S. references. —

Amount of property which may be condemned for public school, 71 ALR2d 1071.

Validity of local or state denial of public school courses or activities to private or parochial school students, 43 ALR4th 776.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 ALR4th 260.

Validity, construction and effect of municipal residency requirements for teachers, principals and other school employees, 75 ALR4th 272.

Tort liability of public schools and institutions of higher learning for accidents associated with transportation of students, 23 ALR5th 1.

Validity of regulation by public school authorities as to clothes or personal appearance of pupils, 58 ALR5th 1.

§ 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.

History. C.L. 1876, ch. 103, § 16; R.S. 1887, § 3926; R.S. 1899, § 530; Laws 1907, ch. 15, § 1; C.S. 1910, § 1934; C.S. 1920, § 2238; Laws 1923, ch. 19, § 1; R.S. 1931, § 99-316; C.S. 1945, § 67-606; Laws 1957, ch. 161, § 3; W.S. 1957, § 21-114; Laws 1969, ch. 111, § 28; Rev. W.S. 1957, § 21.1-28.

Stated in

Campbell County Sch. Dist. v. Catchpole, 2000 Wyo. LEXIS 147 , 6 P.3d 1275 (Wyo. 2000).

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

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 .
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.

History. C.L. 1876, ch. 103, §§ 38, 39; R.S. 1887, §§ 3951, 3952; R.S. 1899, §§ 556, 557; C.S. 1910, §§ 1977, 1978; C.S. 1920, §§ 2288, 2289; R.S. 1931, §§ 99-801, 99-802; C.S. 1945, §§ 67-626, 67-627; W.S. 1957, §§ 21-133, 21-134; Laws 1969, ch. 111, § 29; Rev. W.S. 1957, § 21.1-29; Laws 1973, ch. 84, § 1; 1991, ch. 240, § 1.

Liability for using unapproved depositories. —

County treasurer and surety were liable on official bond for loss of school funds on failure of bank not designated as depository by district board of trustees. Reed v. People, 34 Wyo. 189, 242 P. 319, 1926 Wyo. LEXIS 30 (Wyo. 1926).

§ 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.

History. C.L. 1876, ch. 103, § 38; R.S. 1887, § 3951; R.S. 1899, § 556; C.S. 1910, § 1977; C.S. 1920, § 2288; R.S. 1931, § 99-801; C.S. 1945, § 67-626; W.S. 1957, § 21-133; Laws 1969, ch. 111, § 30; Rev. W.S. 1957, § 21.1-30.

§ 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.

History. Laws 1969, ch. 111, § 31; W.S. 1957, § 21.1-31.

§ 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.

The clerk of each school district within the state shall:
1. 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;
2. 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;
3. 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;
4. Record all proceedings of the board in books to be kept for that purpose.

History. C.L. 1876, ch. 103, § 41; R.S. 1887, § 3954; Laws 1890, ch. 77, § 4; 1890-91, ch. 43, § 2; R.S. 1899, §§ 559, 560; C.S. 1910, §§ 1980, 1981; C.S. 1920, §§ 2291, 2292; R.S. 1931, §§ 99-804, 99-805; C.S. 1945, §§ 67-629, 67-631; W.S. 1957, §§ 21-136, 21-138; Laws 1969, ch. 111, § 33; Rev. W.S. 1957, § 21.1-33; Laws 1973, ch. 84, § 1; 1994, ch. 17, § 1; 2000, ch. 10, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, substituted “director” for “state superintendent” or a variant in (a), and made other similar changes.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in (a)(i) and (a)(2), substituted “state superintendent” and similar language for “director.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

2013 amendment unconstitutional. —

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

The treasurer of each school district within the state shall:
1. Have custody of all moneys belonging to the district and pay out the same on order of the clerk, countersigned by the chairman;
2. Cause an account to be kept of the receipts and expenditures of the district;
3. 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.

History. C.L. 1876, ch. 103, § 46; Laws 1884, ch. 81, § 2; R.S. 1887, § 3959; R.S. 1899, § 565; C.S. 1910, § 1986; C.S. 1920, § 2297; Laws 1923, ch. 37, § 1; R.S. 1931, § 99-810; C.S. 1945, § 67-635; W.S. 1957, § 21-142; Laws 1969, ch. 111, § 34; Rev. W.S. 1957, § 21.1-34.

Cross references. —

As to bond of treasurer, see § 21-3-110(a)(ix).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Treasurer has custody of all funds of the district. State v. Gramm, 7 Wyo. 329, 52 P. 533, 1898 Wyo. LEXIS 8 (Wyo. 1898).

Liability for using unapproved depository. —

See same catchline in notes to § 21-3-113 .

§ 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.

History. Laws 1969, ch. 111, § 35; W.S. 1957, § 21.1-35.

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

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 .
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.

History. C.L. 1876, ch. 103, § 43; R.S. 1887, § 3956; R.S. 1899, § 562; C.S. 1910, § 1983; C.S. 1920, § 2294; Laws 1923, ch. 19, § 7; R.S. 1931, § 99-807; C.S. 1945, § 67-632; W.S. 1957, § 21-139; Laws 1969, ch. 111, § 36; Rev. W.S. 1957, § 21.1-36; Laws 1979, ch. 7, § 1.

§ 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.

History. Laws 1969, ch. 111, § 37; W.S. 1957, § 21.1-37.

§ 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.

History. Laws 1897, ch. 4, § 1; R.S. 1899, § 541; C.S. 1910, § 1944; C.S. 1920, § 2248; R.S. 1931, § 99-324; C.S. 1945, § 67-618; W.S. 1957, § 21-126; Laws 1969, ch. 111, § 38; Rev. W.S. 1957, § 21.1-38.

§ 21-3-123. [Repealed.]

Repealed by Laws 1979, ch. 83, § 2.

Editor's notes. —

This section, which derived from Laws 1969, ch. 111, § 39, related to open meetings of the board of trustees.

§ 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 [§§ 21-1-101 through 21-13-721 ] 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.

History. Laws 1969, ch. 111, § 40; W.S. 1957, § 21.1-40.

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

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

History. Laws 1969, ch. 111, § 41; W.S. 1957, § 21.1-41; Laws 1979, ch. 6, § 1; 2011, ch. 176, § 1.

The 2011 amendment, substituted “Uniform Municipal Fiscal Procedures” for “Municipal Budget.”

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

Municipal Budget Act. —

The Municipal Budget Act, referred to in this section, was repealed in 1981. For present provisions relating to the Uniform Municipal Fiscal Procedures Act, see §§ 16-4-101 through 16-4-124 .

Cited in

People v. Conner, 195 Colo. 525, 579 P.2d 1160, 1978 Colo. LEXIS 663 (Wyo. 1976).

§ 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.

History. Laws 1933, ch. 58, § 1; C.S. 1945, § 67-647; Laws 1947, ch. 103, § 1; W.S. 1957, § 21-154; Laws 1969, ch. 111, § 42; Rev. W.S. 1957, § 21.1-42.

Stated in

Board of Trustees v. Holso, 584 P.2d 1009, 1978 Wyo. LEXIS 228 (Wyo. 1978).

Cited in

Lutheran Hosps. & Homes Soc'y of America v. Yepsen, 469 P.2d 409, 1970 Wyo. LEXIS 173 (Wyo. 1970); Diamond Surface, Inc. v. Cleveland, 963 P.2d 996, 1998 Wyo. LEXIS 118 (Wyo. 1998).

Law reviews. —

For article, “Liability Insurance as Affecting Immunity from Suit,” see I Wyo. L.J. 86.

For article, “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

§ 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.

History. Laws 1951, ch. 109, §§ 1, 2; 1953, ch. 141, §§ 1-3; W.S. 1957, §§ 21-155, 21-156, 21-157; Laws 1967, ch. 42, § 1; 1969, ch. 111, § 43; Rev. W.S. 1957, § 21.1-43.

Cited in

Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974).

Am. Jur. 2d, ALR and C.J.S. references. —

Coverage and exceptions under student accident policy, 74 ALR2d 1253.

§ 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.

History. Laws 1955, ch. 61, §§ 1, 2; W.S. 1957, §§ 21-158, 21-159; Laws 1969, ch. 111, § 44; Rev. W.S. 1957, § 21.1-44.

Cited in

Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974); Board of Trustees v. Holso, 584 P.2d 1009, 1978 Wyo. LEXIS 228 (Wyo. 1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Teacher's civil liability for administering corporal punishment to pupil, 43 ALR2d 469.

Truant or attendance officer's liability for assault and battery or false imprisonment, 62 ALR2d 1328.

Civil liability of school officials for malicious prosecution, 66 ALR2d 749.

Personal liability of public school teacher in negligence action for personal injury or death of student, 34 ALR4th 228.

Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student, 35 ALR4th 272.

Personal liability in negligence action of public school employee, other than teacher or executive or administrative officer, for personal injury or death of student, 35 ALR4th 328.

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

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).
and (c) Repealed by Laws 2008, ch. 50, § 2.
The board of trustees of each school district within the state shall procure a policy or policies for property insurance covering all education, administrative and transportation facilities owned or maintained by the school district in an amount adequate to cover against loss or damage to those facilities, and against loss consequential upon that loss or damage, other than noncontractual legal liability for that loss or damage. The board of trustees of a school district may elect not to provide property insurance coverage for any facility valued at fifty thousand dollars ($50,000.00) or less upon a per facility determination that the cost of insurance for the facility is disproportionately high when compared to the value of the facility to the school district. Coverage provided by a school district joint powers board pursuant to W.S. 1-39-118(c)(ii) and subsection (a) of this section shall satisfy the requirement of this subsection.
Repealed by Laws 2019, ch. 186, § 2.

History. Laws 1969, ch. 111, § 45; W.S. 1957, § 21.1-45; 2008, ch. 50, §§ 1, 2; 2017 ch. 155, § 1, effective July 1, 2017; 2018 ch. 100, § 1, effective July 1, 2018; 2019 ch. 186, § 2, effective July 1, 2019.

The 2008 amendment, effective July 1, 2008, in (a) substituted “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)” for “which would save the school district harmless from financial loss arising out of any claim, demand, suit, or judgment for personal injury or death occasioned by the alleged tort of any officer, employee, or agent of the school district” at the end of the first sentence, and deleted the former second sentence pertaining to policies specifying maximum amounts for injuries; and repealed (b) and (c), pertaining to governmental immunity and school insurance on vehicles.

The 2017 amendment, effective July 1, 2017, added (d) and (e).

The 2018 amendment, effective July 1, 2018, at the end of (d), substituted “pursuant to W.S. 1-39-118(c)(ii) and subsection (a) of this section shall satisfy the requirement of this subsection” for “as of February 1, 2017, shall satisfy the insurance requirement of this subsection until July 1, 1018, if kept in force. The coverage may be modified as needed.”

The 2019 amendment, effective July 1, 2019, repealed (e), which read: "The insurance department shall undertake an examination of the school district joint powers board operating a school risk retention program. The department shall report whether the school risk retention program operated by the school district joint powers board is backed by sufficient reserves, reinsurance and other factors to safely satisfy the insurance requirement provided in subsection (d) of this section. The department shall report the results of the examination and recommend any steps needed to protect the solvency of the school district joint powers board to the joint corporations, elections and political subdivisions interim committee and the joint education interim committee no later than December 1, 2017."

Immunity not waived. —

Trial court properly granted a school district and a teacher summary judgment in a student's action to recover for injuries he sustained during a science demonstration conducted in a school gymnasium because the student's claims did not fall within the waiver of governmental immunity for operation or maintenance of a building or recreation are; the school district did not obtain insurance coverage that would extend its liability beyond the provisions of the Wyoming Governmental Claims Act. Fugle v. Sublette Cnty. Sch. Dist. #9, 2015 WY 98, 353 P.3d 732, 2015 Wyo. LEXIS 113 (Wyo. 2015).

Immunity waived only to extent of insurance. —

Pursuant to the provisions of this section, governmental immunity has been waived only to the extent of personal injury insurance carried by the school district; and plaintiff could recover for negligence, if at all, only to the extent of such insurance coverage. Fagan v. Summers, 498 P.2d 1227, 1972 Wyo. LEXIS 259 (Wyo. 1972).

Notice of claim within limitation period required. —

While this section allows an action against a school district to the extent of its liability insurance, such an action must be brought pursuant to the procedures outlined in the Governmental Claims Act (chapter 39 of title 1). These procedures require filing of a proper notice of claim within the limitation period. Dye v. Fremont County Sch. Dist. No. 24, 820 P.2d 982, 1991 Wyo. LEXIS 173 (Wyo. 1991).

Cited in

Board of Trustees v. Holso, 584 P.2d 1009, 1978 Wyo. LEXIS 228 (Wyo. 1978); Diamond Surface, Inc. v. Cleveland, 963 P.2d 996, 1998 Wyo. LEXIS 118 (Wyo. 1998).

Am. Jur. 2d, ALR and C.J.S. references. —

Rule of municipal immunity from liability for acts in performance of governmental functions as applicable to personal injury or death as result of nuisance created or maintained by school district, 56 ALR2d 1415.

Liability of university, college, or other school for failure to protect student from crime, 1 ALR4th 1099.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 ALR4th 260.

Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes, 66 ALR5th 1.

Tort liability of schools and institutions of higher learning for personal injury suffered during school field trip, 68 ALR5th 519.

Tort liability of public schools and institutions of higher learning for accidents occurring during school athletic events, 68 ALR5th 663.

Tort liability of public schools and institutions of higher learning for injury to student walking to or from school, 72 ALR5th 469.

When is federal agency employee independent contractor, creating exception to United States waiver of immunity under Federal Tort Claims Act (28 U.S.C. § 2671), 166 ALR Fed 187.

§ 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.

History. Laws 1951, ch. 109, § 2; 1953, ch. 141, § 2; W.S. 1957, § 21-156; Laws 1969, ch. 111, § 46; Rev. W.S. 1957, § 21.1-46.

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

Each district shall establish and maintain minimum standards for persons involved in the operation of school buses, including:
1. Developing a written plan for the selection, training and supervision of persons whose duties involve the transporting of pupils;
2. 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;
3. Completing a check of the successful applicant’s driving record;
4. 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;
5. Requiring annual training consisting of not less than six (6) hours for persons whose duties involve the operation of school buses.
Each district shall establish and maintain minimum standards for the operation of school buses, including:
1. 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;
2. 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;
3. Operators of school buses equipped with lap belts shall wear a properly secured lap belt at all times the vehicle is in motion;
4. 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;
5. 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;
6. School bus routing and seating plans shall be coordinated to eliminate standing passengers or exceeding the manufacturer’s rating capacity for the school bus;
7. School buses shall operate with lighted headlamps at all times the vehicle is in motion;
8. The service door of the school bus shall remain closed at all times the vehicle is in motion;
9. 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;
10. Effective school year 2016-2017, and each school year thereafter, all school buses transporting students to and from school and to and from student activities, as defined under W.S. 21-13-320(b)(i) and (ii), shall be equipped with an external video system and may be equipped with an internal video system. Equipment specifications shall be prescribed by rule and regulation of the department. Recordings or images from a video system installed under this paragraph shall not be a public record under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205 . Recordings or images may be entered into evidence for a violation of W.S. 31-5-507(a) as provided in W.S. 31-5-507(e) and may be discoverable for other criminal actions. Recordings or images made from a video system under this paragraph shall be destroyed within one (1) year of the date the recording was made.
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).

History. Laws 1995, ch. 112, § 1; 2010, ch. 77, § 1; 2014 ch. 41, § 1, effective March 7, 2014; 2019 ch. 74, § 1, effective July 1, 2019.

The 2010 amendment, effective July 1, 2010, added (c).

The 2014 amendment, added (b)(x).

Laws 2014, ch. 41, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 7, 2014.

The 2019 amendment, effective July 1, 2019, in (b)(x), added the third, fourth, and fifth sentences.

§ 21-3-132. Possession of firearms on school property.

The board of trustees in each school district may adopt rules and regulations, in consultation with local law enforcement, to allow the possession of firearms by employees possessing a valid concealed carry permit under W.S. 6-8-104 on or in any property or facility owned or leased by the school district. Employees of a school district who hold a valid concealed carry permit issued under W.S. 6-8-104 may carry a concealed firearm on or into school facilities or other areas designated by the board of trustees, provided the employing school district has adopted rules and regulations that allow possession of firearms on school property and the employee has received approval by the board of trustees as required by this section.
For purposes of this section, “employee” means any person employed by a school district, including but not limited to, superintendents, assistant superintendents, principals, assistant principals, teachers, guidance counselors, librarians, teacher’s aids, coaches, business managers, secretaries or administrative assistants, janitors, bus drivers or other employees of a school district.
The rules required by subsection (a) of this section shall at a minimum:
1. Establish an application and approval process for employees possessing a valid concealed carry permit under W.S. 6-8-104 to carry a firearm on school property;
2. Require any person carrying a firearm pursuant to this section to maintain the firearm on his person at all times or in a concealed biometric container or lock box within the direct control of the individual at all times;
3. Establish ongoing training requirements, curricula and instructor qualifications, subject to approval by local law enforcement, including:
  1. An initial course of training comprised of not less than sixteen (16) hours of live fire handgun training, and eight (8) hours of scenario based training using nonlethal training, firearms and ammunition; and
  2. Annual firearm qualification and documented recurrent training of not less than twelve (12) hours with an approved instructor.
4. Provide a process for the revocation or suspension of the authorization under this section for an employee to carry a firearm on school property.
The board of trustees in any school district may waive all or part of the training requirements of subsection (c) of this section for isolated rural schools and employees in those schools.
The superintendent of the district shall notify the parents and guardians of students attending school in the district of the ability of employees to carry firearms and the rules and regulations governing possession.
The superintendent of the district shall notify all law enforcement agencies with jurisdiction over the area of the location and names of all employees who receive permission to carry firearms from the district’s board of trustees. The identities of the employees who receive permission to carry firearms from the district’s board of trustees shall be confidential and are not public records for purposes of W.S. 16-4-201 through 16-4-205 .
Nothing in this section shall authorize an employee to carry a firearm, concealed or otherwise, on or into any facility or other school district property without the express approval of the board of trustees and notification of parties as required by this section.
Nothing in this section shall authorize a student of a school district to carry a firearm, concealed or otherwise, on or into any facility of a school district.
Any rules and regulations adopted under this section shall only apply to persons who are employees, as defined in subsection (b) of this section.

History. 2017 ch. 209, § 1, effective July 1, 2017; 2019 ch. 32, § 1, effective February 15, 2019.

Editor's notes.—

There is no subsection (i) in this section as it appears in the printed acts

The 2019 amendment, in (b), substituted "by" for "under contract with the board of trustees of" following "employed," deleted ", volunteers" following "bus drivers," and substituted "of" for "with" preceding "a school district."

Laws 2019, ch. 32, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 15, 2019.

Effective dates. —

Laws 2017, ch. 209, § 3, makes the act effective July 1, 2017.

§ 21-3-133. Child sexual abuse education, prevention and response.

A school district that has not already taken similar action is authorized to take the following actions relating to child sexual abuse education, prevention and response:
1. Provide parents with information on the warning signs of child sexual abuse and any available resources for education, prevention and response;
2. Provide training to teachers and other school district employees, including:
  1. Instructional methods relating to the provisions of W.S. 21-9-104 ;
  2. Child abuse or neglect reporting requirements specified in W.S. 14-3-205 ;
  3. Methods to respond to a student’s disclosure of sexual abuse in a supportive and appropriate manner.
3. Consult with federal, state and local entities and community based organizations, including the child welfare information gateway internet website maintained by the United States department of health and human services, to identify evidence based tools and programs to prevent and respond to child sexual abuse;
4. Develop community based strategies to promote education, collaboration and accountability among persons and entities who are responsible for child sexual abuse education, prevention and response, including parents and guardians, law enforcement, judicial officers, health care providers and other members of the community;
5. Coordinate with the local child protection team in accordance with W.S. 14-3-212(b)(ii);
6. Accept funds from private and public sources for programs relating to this section.

History. 2018 ch. 133, § 1, effective July 1, 2018.

Effective date. —

Laws 2018, ch. 133, § 2, makes the act effective July 1, 2018.

Article 2. Charter Schools

§§ 21-3-201 through 21-3-207. [Repealed.]

Repealed by Laws 2001, ch. 207, § 3.

Editor's notes. —

These sections, which derived from Laws 1995, ch. 203, § 1, related to charter schools. For present similar provisions, see § 21-3-301 et seq.

Article 3. Charter Schools

Editor's notes. —

Laws 2001, ch. 189, § 1, and Laws 2001, ch. 207, § 1, both enacted article 3 in chapter 3 in this title. The provisions enacted by Laws 2001, ch. 189, pertaining to reading assessment and intervention, have been redesignated as article 4 (§ 21-3-401 ).

Laws 2021, ch. 157, § 2, provides: "Notwithstanding W.S. 21-3-301 through 21-3-314 as created and amended by sections 1 and 2 of this act, not more than three (3) charter schools shall be authorized by an entity that is not the school district board until the state superintendent of public instruction reviews the impacts and benefits of charter schools and provides a report to the joint education interim committee recommending that additional charter schools should be authorized under the process implemented in this act and the legislature acts to repeal this section."

§ 21-3-301. Purpose. [Effective until July 1, 2022]

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:
1. Improve pupil learning;
2. Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences;
3. Encourage the use of different and innovative teaching methods;
4. Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
5. Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.

History. Laws 2001, ch. 207, § 1.

The 2021 amendment , effective July 1, 2022, substituted "districts" for "district structure" in (a) and made a stylistic change.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

National teacher certification program. —

Laws 2005, ch. 178, § 3, effective July 1, 2005, appropriates $182,000 from the school foundation program account to the department of education for school year 2005-2006 to supplement amounts available under § 21-22-106(a)(iii) to districts for reimbursements to teachers for actual costs of national certification fees as provided under § 21-7-501 . A charter school operating within the district pursuant to §§ 21-3-301 through 21-3-314 and employing teachers otherwise qualifying under § 21-7-501 is entitled to reimbursements under this section. In addition and notwithstanding limits imposed under § 21-7-501(a), the department, in consultation with the Wyoming professional teaching standards board, is to expend the appropriated funds, together with any funds received from private sources, to: (1) increase recruitment of teacher applicants for national certification; (2) establish a support system for teachers while in the process of obtaining national certification; and (3) provide awards and public recognition for teachers receiving national certification. Not later than July 1, 2006, the department is to report expenditures of amounts appropriated under this section to the joint education interim committee, and recommend any necessary modification to the national certification program established by § 21-7-501.

Cited in

Laramie County Sch. Dist. #2 v. Albin Cats Charter Sch., Inc., 2005 WY 43, 2005 Wyo. LEXIS 49 , 109 P.3d 552 (2005).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of statute or regulation governing charter schools, 78 ALR5th 533.

§ 21-3-301. Purpose. [Effective July 1, 2022]

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 existing school districts as a method to:
1. Improve pupil learning;
2. Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences;
3. Encourage the use of different and innovative teaching methods;
4. Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
5. Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, § 2, effective July 1, 2022.

§ 21-3-302. Definitions. [Effective until July 1, 2022]

As used in this article:
1. “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;
2. “A converted charter school” means a charter school converted from an existing public school operating within the district;
3. “District board” means the board of trustees of a school district elected as the governing body of the school district;
4. “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;
5. “School district” means each school district now or hereafter legally organized as a body corporate pursuant to W.S. 21-3-101 , et seq.;
6. “State board” means the state board of education appointed pursuant to W.S. 21-2-301 .

History. Laws 2001, ch. 207, § 1.

The 2021 amendment , effective July 1, 2022, rewrote (a)(iv), which read, "'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"; and added (a)(vii) through (a)(xi).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 21-3-302. Definitions. [Effective July 1, 2022]

As used in this article:
1. “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;
2. “A converted charter school” means a charter school converted from an existing public school operating within the district;
3. “District board” means the board of trustees of a school district elected as the governing body of the school district;
4. “New charter school” or “charter school” means a public school established and operating under the terms of a charter contract between the charter school’s board and its authorizer;
5. “School district” means each school district now or hereafter legally organized as a body corporate pursuant to W.S. 21-3-101 , et seq.;
6. “State board” means the state board of education appointed pursuant to W.S. 21-2-301 .
7. “Authorizer” means a school district board or the state loan and investment board;
8. “Charter” or “charter contract” means the charter contract executed between a charter school and an authorizer;
9. “Charter application” means the application submitted by a proposed charter school to an authorizer for the creation of a charter school;
10. “Department” means the Wyoming department of education;
11. “Education service provider” means a for-profit or nonprofit education management organization, charter management organization, or any other partner entity that a charter school contracts with for educational program implementation or for comprehensive management.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, § 2, effective July 1, 2022.

§ 21-3-302.1. Charter school authorizers. [Effective July 1, 2022]

Authorizers shall:
1. Review charter school applications made to the authorizer and make a written determination on the application;
2. Monitor charter schools approved by the authorizer;
3. Make decisions on the renewal, nonrenewal and revocation of charters granted by the authorizer.
Funding for authorizers shall consist of administrative fees collected from the charter school. Fees shall not exceed three percent (3%) of the charter school’s annual state funding.
The state loan and investment board shall, subject to the limitation in subsection (b) of this section, establish administration fees necessary to recover the incremental costs of the department of education related to the approval and monitoring of charter schools under this article. Administrative fees collected by the state loan and investment board pursuant to this subsection shall be deposited in the school foundation program account.

History. 2021 ch. 169, § 1, effective July 1, 2022.

Effective date. —

Laws 2021, ch. 169, § 7, makes the act effective July 1, 2022.

§ 21-3-303. Charter school prohibitions. [Effective until July 1, 2022]

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.
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.
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.
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.
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.

History. Laws 2001, ch. 207, § 1; 2003, ch. 208, § 901; 2007, ch. 84, § 1.

The 2007 amendment, effective July 1, 2007, added (e).

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, deleted "when the district board determines the funding or assistance is compatible with the mission of the district" at the end of (a); in (d), added "or education service provider" and substituted "authorizer" for "district board. The school district shall be a third party beneficiary to any management contract approved by the district board."

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (e), which read, "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."

Decision that application made for sole purpose of avoiding closure not supported by factual findings. —

Application to run a charter school that was denied by the district school board was properly remanded to the board because the fact that a motion did not pass did not support the board's conclusion that the application was made for the sole purpose of avoiding the school closure. Laramie County Sch. Dist. #2 v. Albin Cats Charter Sch., Inc., 2005 WY 43, 109 P.3d 552, 2005 Wyo. LEXIS 49 (Wyo. 2005).

§ 21-3-303. Charter school prohibitions. [Effective July 1, 2022]

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.
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.
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.
No charter school shall enter into a contract with an independent management company or education service provider without the prior written consent of the authorizer.
Repealed by Laws 2021, ch. 169, § 4.

History. Laws 2001, ch. 207, § 1; 2003, ch. 208, § 901; 2007, ch. 84, § 1; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-304. Charter school; requirements; authority. [Effective until July 1, 2022]

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 to any student in grades kindergarten through twelve (12).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Admission to a charter school shall not be determined solely on academic abilities or achievements, including minimum test scores or intelligence quotient scores.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, § 3, effective April 22, 2021.

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, added "to any student in grades kindergarten through twelve (12)" in (a); rewrote (b), which read, "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"; added the last sentence in (c); in (d), substituted "authorizer" for "school district" in the first sentence, added the lst sentence; in the second sentence of (e), substituted "authorizer" for "school district," "authorizer" for "district district," "the" for "such" preceding "obligations"; in (f), substituted "authorizer" for "school district," deleted "for the purpose of enhancing the terms of any lease or financial obligation" at the end; in (g), deleted "Pursuant to contract" at the beginning, added the last sentence and made related changes; added (g)(i) through (g)(iii); in (j), substituted "community college or the university of Wyoming" for "state college or university" in the first sentence, added "the incremental" in the second sentence, added the third sentence; in (k), added "Except as provided in subsection (j) of this section," at the beginning, substituted "school district" for "the" in the second sentence and made a related change.

The second 2021 amendment, by ch. 169, § 3, added "to any student in grades kindergarten through twelve (12)" in the second sentence of (a).

Laws 2021, ch. 169, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 21, 2021.

The third 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (n), which read, "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"; and repealed (o), which read, "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."

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

The Wyoming Nonprofit Corporation Act. —

See § 17-19-101 et seq.

§ 21-3-304. Charter school; requirements; authority. [Effective July 1, 2022]

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 to any student in grades kindergarten through twelve (12).
If a charter is granted by a school district, the charter school shall be a public school within the school district that grants its charter. If a charter is granted by the state loan and investment board, the charter school shall be an independent public school within the district where the charter school is located. The charter school shall be accountable to its authorizer for purposes of ensuring compliance with applicable laws and charter provisions and the requirements of the state constitution.
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. A charter school specializing in at-risk or special education students may give a preference in enrollment to those students. A charter school sponsored jointly or separately by the Eastern Shoshone or the Northern Arapaho Indian Tribes may give preference to a student who is a member or eligible for membership in an Indian tribe.
A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the authorizer. 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. A charter school organized by a school district may include school board members or school district employees on its governing board.
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 authorizer unless the authorizer expressly assumes the obligations in writing.
Notwithstanding the provisions of this article to the contrary, a charter school and the authorizer may agree to extend the length of the charter beyond five (5) years.
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. Nothing in this subsection shall be deemed to exempt the charter school from:
1. Any civil rights, health or safety requirements applicable to other public schools in the state except as specifically provided in this article;
2. The student assessment and accountability requirements applicable to other public schools, provided that this paragraph shall not prohibit a charter school from establishing additional student assessment measures;
3. The public records act and public meeting requirements applicable to public schools and school districts and any federal or state privacy laws applicable to public schools or school districts.
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.
A charter school may negotiate and contract with a school district, the governing body of a community college or the university of Wyoming, 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 the incremental cost. For school district capital facilities that are rented at the time of the charter school application and had been rented for the immediately preceding six (6) months by a third party, the net loss of rental income shall be considered an incremental 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.
Except as provided in subsection (j) of this section, 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 school district facilities used by the charter school shall be subject to negotiation between the charter school and the district board.
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.
and (o) Repealed by Laws 2021 by ch. 169, § 4.
Admission to a charter school shall not be determined solely on academic abilities or achievements, including minimum test scores or intelligence quotient scores.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, § 3, effective April 22, 2021; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-305. Charter schools; contract contents; regulations. [Effective until July 1, 2022]

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

History. Laws 2001, ch. 207, § 1.

The 2021 amendments —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, in (a), substituted "authorizer" for "school district," added the second sentence; added (a)(i) through (a)(xvi); in (b), substituted "authorizer may be renewed pursuant to a renewal application" for "school district shall reflect all agreements regarding the release of the charter school from school district policies," added the second sentence; added (b)(i) through (b)(iii); and added (f) and (g).

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (c), which read, "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"; repealed (d), which read, "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"; and repealed (e), which read, "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."

§ 21-3-305. Charter schools; contract contents; regulations. [Effective July 1, 2022]

An approved charter application shall serve as the basis for a contract between the charter school and the authorizer. The charter contract shall:
1. Be a written instrument which is a separate document from the charter application;
2. Be executed by an authorizer and a charter school;
3. Confer certain rights, privileges and obligations on the charter school;
4. Confirm the status of the charter school as a public school;
5. Be granted for five (5) years;
6. Provide for a review by the authorizer of the charter school’s performance, including the progress of the charter school in achieving the academic goals set forth in the charter, at least one (1) time in each five (5) year period that the charter is in effect;
7. Provide for renewal of the charter if the authorizer and the charter school agree to renew the charter pursuant to a renewal application. The renewal application shall meet the requirements of subsection (b) of this section;
8. Specify the grounds for the authorizer to:
  1. Revoke the charter before the term for which the charter is granted;
  2. Not renew a charter.
9. Set forth the methods by which the charter school will be held accountable for achieving the educational mission and goals of the charter school, including the following:
  1. Evidence of adequate performance or improvement in:
    1. Assessment measures, including the statewide assessment system measures;
    2. Attendance rates;
    3. Graduation rates, if applicable;
    4. Statewide education accountability system measures;
    5. Financial performance and stability; and
    6. Governing board performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.
  2. Evidence of progress toward reaching the educational goals set by the charter school.
10. Describe the method to be used to monitor the charter school’s:
  1. Compliance with applicable law; and
  2. Progress in meeting targeted educational performance.
11. Specify that the authorizer and the charter school may amend the charter during the term of the charter by mutual consent and describe the process for amending the charter;
12. Describe specific operating requirements, including all the matters set forth in the application for the charter;
13. Specify dates for the charter school to:
  1. Begin school operations; and
  2. Have students attending the charter school.
14. Specify that records of a charter school relating to the school’s operation and the school’s charter are subject to inspection and copying to the same extent that records of a public school are subject to inspection and copying;
15. Specify that records provided by the charter school to the department or authorizer that relate to compliance by the charter school with the terms of the charter or applicable state or federal laws are subject to inspection and copying;
16. Require a charter school to set annual performance targets in conjunction with the charter school’s authorizer. The annual performance targets shall be designed to help each school meet applicable federal, state and authorizer requirements.
The contract between the charter school and the authorizer may be renewed pursuant to a renewal application. The renewal application shall:
1. Include any guidance provided by the authorizer specifying performance criteria that will guide the authorizer’s renewal decisions;
2. At a minimum, provide an opportunity for the charter school to:
  1. Present evidence, beyond the data contained in the performance report, supporting charter renewal;
  2. Describe improvements undertaken or planned for the charter school; and
  3. Detail the charter school’s plans for the next charter term.
3. Be submitted by the governing board of a charter school seeking renewal not later than December 31 of the year preceding the start of the school year that the charter expires, under the renewal application guidance issued by the authorizer.
through (e) Repealed by Laws 2021 ch. 169, § 4.
The authorizer shall make a final ruling on the renewal application not later than April 1 following the filing of the renewal application under this subsection. The April 1 deadline does not apply to any review or appeal of a final ruling. If a school district denies renewal of a charter, the charter school board may appeal to the state loan and investment board for a de novo consideration of the renewal. The state loan and investment board shall consider the renewal and if the renewal is approved shall be the authorizer of the charter school.
After a charter school authorized by the state loan and investment board has been in operation for one (1) year or has been renewed by the state loan and investment board, the state loan and investment board may delegate to the school district where the charter school operates any of the functions of an authorizer under this article provided that:
1. The charter school and the school district approve the delegation of functions; and
2. The charter school shall retain the right to seek renewal of the charter from the state loan and investment board.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-306. Application for establishing charter schools; conversion of existing schools. [Effective until July 1, 2022]

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.
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.
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.

History. Laws 2001, ch. 207, § 1.

The 2021 amendment, effective July 1, 2022, in the first sentence of (a), substituted "an authorizer" for "the district board," deleted "a charter school within a school to be located within the school district" at the end, added the second and third sentences; and added (d).

§ 21-3-306. Application for establishing charter schools; conversion of existing schools. [Effective July 1, 2022]

Any person may apply to an authorizer for the establishment of a new charter school. The applicant shall have the right to determine which authorizer to apply to and may apply to a different authorizer for renewal of a charter. The state loan and investment board may reject a renewal application from an existing charter school if the renewal is to avoid necessary corrective measures, including closure of the charter school, identified by the authorizer.
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.
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.
If a school district denies an application to convert a school to a charter school under subsection (b) of this section, the applicant may appeal to the state loan and investment board. If the state loan and investment board approves the application, it shall be the authorizer of the charter school.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, § 2, effective July 1, 2022.

§ 21-3-307. Charter application; contents; phased-in application process. [Effective until July 1, 2022]

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:
1. 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;
2. 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;
3. The method by which pupil progress in meeting those pupil outcomes is to be measured;
4. 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;
5. The qualifications to be met by individuals to be employed by the school;
6. The procedure that the school will follow to ensure the health and safety of pupils and staff;
7. Admission requirements, if applicable;
8. 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;
9. The procedure by which pupils can be suspended or expelled;
10. 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;
11. 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;
12. Minimum enrollment requirements;
13. Evidence that an adequate number of parents, teachers, pupils or any combination thereof support the formation of a charter school;
14. Evidence that the plan for the charter school is economically sound for both the charter school and the school district;
15. A proposed budget for the term of the charter;
16. A plan for the displacement of pupils, teachers and other employees who will not attend or be employed in the charter school;
17. 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;
18. The employment policies of the proposed charter school;
19. An agreement between the parties regarding their respective legal liability and applicable insurance coverage;
20. 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;
21. 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
22. A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation.
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.
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.
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 .

History. Laws 2001, ch. 207, § 1; 2003, ch. 208, § 901; 2006, ch. 114, § 1; 2009, ch. 113, § 1; 2011, ch. 14, § 1.

The 2006 amendment, in (a), added “and” at the end of (xxi); and made a related change in (xx).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2009 amendment, added (b) through (d).

Laws 2009, ch. 113, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

The 2011 amendment, effective July 1, 2011, in the introductory paragraph of (a), inserted “shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section”; and in (d), inserted “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.”

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, deleted "a proposed agreement, shall be" following "application shall be" in (a); rewrote (a)(vii), which read, "Admission requirements, if applicable"; substituted "authorizer" for "school district" in (a)(viii); rewrote, (a)(xiii), which read, "Evidence that an adequate number of parents, teachers, pupils or any combination thereof support the formation of a charter school"; deleted "for both the charter school and the school district" at the end of (a)(xiv); added (a)(xxiii) through (a)(xxv) and made related changes; in (b), substituted "authorizer" for "superintendent of the school district," in the second sentence, substituted "authorizer" for "district superintendent" twice, "authorizer" for " superintendent" preceding "shall advise"; in (d), substituted "authorizer" for "district" in the first sentence, "authorizer" for "school district" in the second sentence; and added (e).

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (a)(xvi), which read, "A plan for the displacement of pupils, teachers and other employees who will not attend or be employed in the charter school"; repealed (a)(xvii), which read, "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" and repealed (c), which read, "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."

Editor's notes. —

Laws 2011, ch. 14, § 2 provides: “Rules and regulations of the state superintendent of public instruction establishing charter school application and renewal application forms pursuant to W.S. 21-3-307(d), as amended by section 1 of this act, shall be promulgated in sufficient time for use by school districts and charter school applicants on and after July 1, 2011.”

Conflicting legislation. —

§ 21-3-307. Charter application; contents; phased-in application process. [Effective July 1, 2022]

The charter school application shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include:
1. 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;
2. 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;
3. The method by which pupil progress in meeting those pupil outcomes is to be measured;
4. 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;
5. The qualifications to be met by individuals to be employed by the school;
6. The procedure that the school will follow to ensure the health and safety of pupils and staff;
7. Admission requirements, if applicable, provided that enrollment shall be open to all to the extent seats are available within the applicable grade level, subject to W.S. 21-3-304(c). If the number of applicants for enrollment exceeds the available seats, the charter school shall, subject to W.S. 21-3-304(c), hold a blind lottery to determine enrollment. Students enrolled in the previous year shall be guaranteed a seat, and applicants with a sibling enrolled in the charter school shall receive a preference;
8. The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by the authorizer, is to be conducted;
9. The procedure by which pupils can be suspended or expelled;
10. 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;
11. 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;
12. Minimum enrollment requirements;
13. Evidence of adequate community support;
14. Evidence that the plan for the charter school is economically sound;
15. A proposed budget for the term of the charter;
16. and (xvii) Repealed by Laws 2021, ch. 169, § 4.
17. The employment policies of the proposed charter school;
18. An agreement between the parties regarding their respective legal liability and applicable insurance coverage;
19. 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;
20. In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school;
21. A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation;
22. In the case of a proposed charter school that plans to establish a full-time virtual charter school, the application shall additionally require the applicant to provide a description regarding the methods by which the charter school will:
  1. Ensure adequate supports are available to the students in their homes or regions, including parent teacher conferences and interactions;
  2. Monitor student outcomes and administer state required assessments to all students in a proctored setting;
  3. Establish and implement legally permissible criteria and processes for enrollment based on the existence of supports needed for student success;
  4. Provide the desired enrollment level of the school for each year of the charter contract, not to exceed two hundred fifty (250) students in any given year, with any increases in enrollment from one (1) year to the next based on whether the school meets its performance requirements;
  5. Provide a detailed budget for the school and propose a funding level per student for the school that is based upon that budget;
  6. Provide data for oversight, funding, renewal and closure decisions for full-time virtual charter school specific goals regarding student enrollment, attendance, engagement, achievement, truancy and attrition that demonstrates the school meets agreed upon benchmarks;
  7. Provide that no more than twenty percent (20%) of its enrollment shall be from outside of the school district where the charter school is located without prior approval of the state loan and investment board.
23. In the case of a proposed charter school that intends to contract with an education service provider for educational program implementation or comprehensive management, the application shall additionally require the applicant to:
  1. Provide evidence of the education service provider’s success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;
  2. Provide a term sheet setting forth the proposed duration of the education service contract, the roles and responsibilities of the governing board, the school staff and the service provider, the scope of services and resources to be provided by the service provider, the performance evaluation measures and timelines for the service provider, the compensation structure for the service provider including clear identification of all fees to be paid to the education service provider, methods of contract oversight and enforcement, investment disclosures and conditions for renewal and termination of the contract; and
  3. Disclose and explain any existing or potential conflicts of interest between the school governing board, the school’s leadership and management team and the proposed education service provider or any affiliated business entities.
24. In the case of a proposed charter public school from an applicant that currently operates one (1) or more additional schools inside or outside of Wyoming, the application shall additionally require the applicant to provide evidence of past performance and the capacity for the operation of the additional school.
Upon submission of an application under W.S. 21-3-307(a), the authorizer shall notify the applicant within thirty (30) days of submission whether the application is complete. If the authorizer determines that the application is incomplete, the authorizer 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 authorizer.
Repealed by Laws 2021, ch. 169, § 4.
The state superintendent shall through rule and regulation prescribe a uniform charter school application and renewal application form to be used by each authorizer 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 authorizer, 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 .
The state loan and investment board shall submit all applications received under this section to the department of education for review of compliance with the accreditation requirements. The department of education shall submit a report of this review to the state loan and investment board.

History. Laws 2001, ch. 207, § 1; 2003, ch. 208, § 901; 2006, ch. 114, § 1; 2009, ch. 113, § 1; 2011, ch. 14, § 1; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-308. Hearing by local board; prohibited actions by local board; criteria; compliance with state standards; state board review; contractual authority. [Effective until July 1, 2022]

History. Laws 2001, ch. 207, § 1; 2002 Sp. Sess., ch. 58, § 1; 2007, ch. 84, § 1; 2009, ch. 113, § 1.

The 2007 amendment, effective July 1, 2007, inserted “and in accordance with subsection (d) of this section” near the middle of (a); and inserted “not later than forty-five (45) days following the date of its decision” in (d).

The 2009 amendment, in (a), substituted “which has been determined to be complete pursuant to W.S. 21-3-307(b)” for “as defined in W.S. 21-3-302 ” in the first sentence.

Laws 2009, ch. 113, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, deleted "state board review;" in the section heading; in (a), substituted "authorizer" for "board" and variants throughout, added "state board review" in the section heading; substituted "sixty (60)" for "thirty (30)" in the first sentence, added the second sentence, substituted "ninety (90)" for "sixty (60)" in the third sentence, deleted the fourth sentence, which read, "Approval under this article may be conditioned for purposes specified under subsection (c) of this section," substituted "charter" for "contract" in the last sentence; in the first sentence of (c), substituted "The applicant shall" for "The district board shall require the applicant to," added "with the application," substituted "authorizer" for "school district," deleted the former second sentence, which read, "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," substituted "A" for "In addition, the" at the beginning of the last sentence; substituted "authorizer" for "board" and variants throughout (d); and substituted "a" for "the" preceding "school district" in (e)(i) and (e)(ii).

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (e)(v), which read, "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."

Cited in

Laramie County Sch. Dist. #2 v. Albin Cats Charter Sch., Inc., 2005 WY 43, 2005 Wyo. LEXIS 49 , 109 P.3d 552 (2005).

§ 21-3-308. Hearing by authorizer; prohibited actions by authorizer; criteria; compliance with state standards; contractual authority. [Effective July 1, 2022]

History. Laws 2001, ch. 207, § 1; 2002 Sp. Sess., ch. 58, § 1; 2007, ch. 84, § 1; 2009, ch. 113, § 1; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-309. Length of operation under charter; renewal; revocation. [Effective until July 1, 2022]

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.
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:
1. 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
2. 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.
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:
1. Committed a material violation of any of the conditions, standards or procedures set forth in the charter application;
2. Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter application;
3. Failed to meet generally accepted standards of fiscal management; or
4. Violated any provision of law from which the charter school was not specifically exempted.
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.
If a district board revokes or does not renew a charter, the board shall state its reasons for the revocation or nonrenewal.
A decision to revoke or not to renew a charter may be appealed pursuant to the provisions of W.S. 21-3-310 .

History. Laws 2001, ch. 207, § 1; 2007, ch. 84, § 1; 2011, ch. 14, § 1.

The 2007 amendment, effective July 1, 2007, in (a), substituted “successive periods not to exceed five (5) years for each renewal period” for “a period not to exceed five (5) years.”

The 2011 amendment, effective July 1, 2011, in the introductory paragraph of (b), inserted “be on a form prescribed by the state superintendent pursuant to W.S. 21-3-307(d) and shall.”

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, rewrote (a), which read, "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"; in (b), substituted "authorizer" for "school district," added "and in accordance with W.S. 21-3-305(b)"; in (c), substituted "authorizer" for "school district," "authorizer" for "board"; and in (e), substituted "an authorizer" for "a district board" and "authorizer" for "board."

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (d), which read, "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"; and repealed (f), which read, "A decision to revoke or not to renew a charter may be appealed pursuant to the provisions of W.S. 21-3-310 ."

§ 21-3-309. Length of operation under charter; renewal; revocation. [Effective July 1, 2022]

A charter contract may be granted pursuant to this article for a period of five (5) years. A charter contract may be renewed for successive five (5) year terms, provided that the authorizer may vary the duration of the term based on the performance, demonstrated capacities and particular circumstances of the charter school. An authorizer may grant renewal of the charter contract with specific conditions for necessary improvements to the charter school.
A charter school renewal application submitted to the authorizer shall be on a form prescribed by the state superintendent pursuant to W.S. 21-3-307(d) and in accordance with W.S. 21-3-305(b) and shall contain:
1. 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
2. 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.
A charter may be revoked or not renewed by the authorizer if the authorizer determines that the charter school did any of the following:
1. Committed a material violation of any of the conditions, standards or procedures set forth in the charter application;
2. Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter application;
3. Failed to meet generally accepted standards of fiscal management; or
4. Violated any provision of law from which the charter school was not specifically exempted.
Repealed by Laws 2021 ch. 169 § 4.
If an authorizer revokes or does not renew a charter, the authorizer shall state its reasons for the revocation or nonrenewal.
Repealed by Laws 2021 ch. 169 § 4.

History. Laws 2001, ch. 207, § 1; 2007, ch. 84, § 1; 2011, ch. 14, § 1; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-310. Appeal; standard of review; procedures. [Repealed effective July 1, 2022]

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.
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:
1. 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;
2. 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;
3. 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;
4. 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.

History. Laws 2001, ch. 207, § 1; 2007, ch. 84, § 1.

The 2007 amendment, effective July 1, 2007, in (a), substituted “forty-five (45) days after receiving the local board's written decision and reasons for denial” for “thirty (30) days after the local board's decision.”

§ 21-3-310. Appeal; standard of review; procedures. [Repealed effective July 1, 2022]

History. Laws 2001, ch. 207, § 1; 2007, ch. 84, § 1; repealed by 2021 ch. 169, § 4, effective July 1, 2022.

§ 21-3-311. Compliance with charter; participation in retirement system. [Effective until July 1, 2022]

A charter school approved pursuant to this article shall comply with the provisions set forth in its charter petition.
Any charter school shall participate in the Wyoming retirement system to the extent as if it were a public school within the district.

History. Laws 2001, ch. 207, § 1.

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, in the section heading, deleted "Compliance with charter;" and made a related change; and added "as designated in the charter" in (b).

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (a), which read, "A charter school approved pursuant to this article shall comply with the provisions set forth in its charter petition."

§ 21-3-311. Participation in retirement system. [Effective July 1, 2022]

Repealed by Laws 2021 ch. 169, § 4.
Any charter school shall participate in the Wyoming retirement system to the extent as if it were a public school within the district as designated in the charter.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-312. District board to report to state board. [Effective until July 1, 2022]

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.

History. Laws 2001, ch. 207, § 1.

The 2021 amendment, effective July 1, 2022, substituted "Authorizer" for "District board" in the section heading; and rewrote the section, which read, "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."

§ 21-3-312. Authorizer to report to state board. [Effective July 1, 2022]

Each authorizer granting a charter pursuant to this article shall annually report to the state board on each charter school operating under its authorization and compliance with the provisions of the charter.

History. Laws 2001, ch. 207, § 1; 2021 ch. 169, § 2, effective July 1, 2022.

§ 21-3-313. Charter schools; employee options. [Effective until July 1, 2022]

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.
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.
Effective school year 2015-2016 and each school year thereafter, employees of a charter school shall, for purposes of this subsection, be included as payroll of the school district and shall be eligible to participate in any salary adjustment for school district employees which is funded by the legislature and is in addition to the foundation program amount computed under W.S. 21-13-309(p). Any amount computed and allocated pursuant to this subsection shall be used exclusively by the governing body of the charter school for charter school employee salary adjustments as determined by the governing body.

History. Laws 2001, ch. 207, § 1; 2015 ch. 177, § 1, effective July 1, 2015.

The 2015 amendment, effective July 1, 2015 added (c).

The 2021 amendments. —

The first 2021 amendment, by ch. 169, § 2, effective July 1, 2022, added "with the school district" in (b).

The second 2021 amendment, by ch. 169, § 4, effective July 1, 2022, repealed (a), which read, "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"; and repealed (c), which read, "Effective school year 2015-2016 and each school year thereafter, employees of a charter school shall, for purposes of this subsection, be included as payroll of the school district and shall be eligible to participate in any salary adjustment for school district employees which is funded by the legislature and is in addition to the foundation program amount computed under W.S. 21-13-309(p). Any amount computed and allocated pursuant to this subsection shall be used exclusively by the governing body of the charter school for charter school employee salary adjustments as determined by the governing body."

§ 21-3-313. Charter schools; employee options. [Effective July 1, 2022]

Repealed by Laws 2021 ch. 169, § 4.
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 with the school district and included in the charter contract.
Repealed by Laws 2021 ch. 169, § 4.

History. Laws 2001, ch. 207, § 1; 2015 ch. 177, § 1, effective July 1, 2015; 2021 ch. 169, §§ 2, 4, effective July 1, 2022.

§ 21-3-314. Students counted among district ADM; determination of charter school funding. [Effective until July 1, 2022]

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:
1. 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:
  1. 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;
  2. 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;
  3. 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).
2. 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;
3. 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;
4. 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;
5. Notwithstanding W.S. 21-13-309(m)(iv)(A), for any charter school in its fourth or subsequent year of charter school operation and the charter school expands its enrollment to include one (1) or more consecutive grade levels above its current school configuration of grades, the average daily membership for the charter school shall be adjusted by the enrollment count taken on October 1 of the first year of operation under the expanded grade level or levels.
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.
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:
1. 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).
  1. and (B) Repealed by Laws 2006, ch. 37, § 2.
2. 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;
3. The charter school shall be entitled to the benefit of one hundred percent (100%) of the amount generated by the payroll of its employees in allocating any school district salary adjustment pursuant to W.S. 21-3-313(c).
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.
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.

History. Laws 2001, ch. 207, § 1; 2003, ch. 208, § 901; 2004, ch. 108, § 901; 2006, ch. 37, §§ 1, 2; 2009, ch. 113, § 1; 2012, ch. 86, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2015 ch. 177, § 1, effective July 1, 2015.

The 2004 amendment, effective July 1, 2004, in (c)(i), substituted “foundation program amount computed under W.S. 21-13-309(p) based upon” for “amount computed under the appropriate prototypical school model level specified under W.S. 21-13-309(m)(ii) for”; in (d), deleted the existing first sentence, which formerly read: “In addition to subsection (c) of this section, the charter school, at its discretion, may negotiate with the school district for funding under the adjustments to the appropriate prototypical school model levels under W.S. 21-13-309(n),” and deleted “custodial services, routine maintenance” preceding “curriculum.”

The 2006 amendment, effective July 1, 2006, rewrote (a); in (c)(i), substituted “one hundred percent (100%)” for “ninety-five percent (95%),” “21-13-309(m)” for “21-13-309(p),” added the language beginning, “any district level” at the end, and repealed former (c)(i)(A) and (B), pertaining to the monetary reduction of the per average daily membership for the transportation and special education adjustments.

The 2009 amendment, in (a)(i) deleted “multiplied by two (2)” preceding “based on the following” at the end of the introductory language; added (a)(i)(C); and inserted “if the charter is subject to subparagraph (i)(C) of this subsection,” in (a)(iii).

Laws 2009, ch. 113, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

The 2012 amendment, effective July 1, 2012, added (a)(v).

The 2013 amendment, in (a) added the first sentence, and substituted “director” for “state superintendent” near the end of the second sentence.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendments. —

The first 2015 amendment, by ch. 30, § 1, in the introductory language of (a), deleted the former first sentence, which read: “The director of the state department of education shall administer the education resource block grant model and perform the duties prescribed under this statute,” and substituted “state superintendent” for “director” in the present first sentence.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The second 2015 amendment, by ch. 177, § 1, effective July 1, 2015, in (c) added (iii).

The 2021 amendment , effective July 1, 2022, added (f).

2013 amendment unconstitutional. —

§ 21-3-314. Students counted among district ADM; determination of charter school funding. [Effective July 1, 2022]

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:
1. 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:
  1. 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;
  2. 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;
  3. 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).
2. 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;
3. 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;
4. 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;
5. Notwithstanding W.S. 21-13-309(m)(iv)(A), for any charter school in its fourth or subsequent year of charter school operation and the charter school expands its enrollment to include one (1) or more consecutive grade levels above its current school configuration of grades, the average daily membership for the charter school shall be adjusted by the enrollment count taken on October 1 of the first year of operation under the expanded grade level or levels.
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.
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:
1. 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).
  1. and (B) Repealed by Laws 2006, ch. 37, § 2.
2. 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;
3. The charter school shall be entitled to the benefit of one hundred percent (100%) of the amount generated by the payroll of its employees in allocating any school district salary adjustment pursuant to W.S. 21-3-313(c).
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.
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.
If a charter school or full-time virtual charter school authorized by the state loan and investment board and the school district where the charter school is located do not agree on funding pursuant to subsections (a) through (e) of this section then, notwithstanding subsection (c) of this section or any other provision of law funding for the charter school shall be calculated as provided in this subsection. Nothing in this subsection shall be deemed to prohibit a charter school and the school district from negotiating an agreement for charter school students to receive services from the district. Funding for the charter school shall be calculated as follows:
1. All funding for the school district under W.S. 21-13-309(m) that is attributable to the charter school shall be reduced to eighty percent (80%) of the amount that would otherwise have been calculated;
2. All funding for the school district under W.S. 21-13-309(m) that is attributable to the full-time virtual charter school shall be reduced to sixty-five percent (65%) of the amount that would otherwise have been calculated;
3. The charter school shall be entitled to funding as provided in subsection (c) of this section from the reduced amount calculated under paragraph (i) or (ii) of this subsection.

Article 4. Reading Assessment and Intervention

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

Each school district shall select and implement a reading assessment and intervention program that uses an instrument that screens for signs of dyslexia and other reading difficulties as early as possible in kindergarten through grade three (3) and that implements with fidelity an evidence based intervention program. The program shall include instruments that monitor and measure reading progress and assess student reading skills and progress to provide data that informs any intervention. The assessment and intervention program shall be administered to all students in kindergarten through grade three (3). The program shall also include implementation of evidence based core curricula aligned to the uniform content and performance standards and evidenced based interventions to meet the needs of all students. The program shall be multi-tiered and shall include evidence based interventions to facilitate remediation of any reading difficulty as early as possible.
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.
Each district shall annually report to the department of education on the progress of each of its schools toward achieving the goal of eighty-five percent (85%) of all students reading at grade level upon completion of the third grade. The report shall include the percentage of students meeting or exceeding proficiency levels for the annual reporting period. The reporting shall also include the aggregate number of students identified by the screening instruments as having signs of dyslexia or other reading difficulties in addition to listing the evidence based interventions implemented in each district by grade. This report shall include kindergarten through grade three (3) progress toward achieving the goal of eighty-five percent (85%) proficiency in the specific skills known to be predictive of grade three (3) reading proficiency and that are listed in subsection (d) of this section. Grade three (3) reading proficiency shall be determined by the grade three (3) statewide assessment administered pursuant to W.S. 21-2-304(a)(v). Each school not meeting the eighty-five percent (85%) goal specified under this subsection shall submit an improvement plan to the school district, and the school district shall submit an overall improvement plan to the department. At a minimum, each school and district improvement plan shall outline its general strategy for increasing reading proficiency for the next school year and shall specifically address the evidence based program of instruction, assessment and intervention being implemented, the specific training in those programs that reading teachers have received, the student-teacher ratio, the use of certified tutors and the use of instructional facilitators and paraprofessionals in kindergarten through grade three (3) trained in the delivery of the evidence based instruction and intervention program selected by the district.
The state superintendent, in consultation with Wyoming school districts, professionals in the area of dyslexia and other reading difficulties, and other appropriate stakeholders, shall promulgate rules and regulations as necessary to assist each school district to administer its reading assessment and intervention program pursuant to this section and to assess the skills in paragraphs (i) through (v) of this subsection using a curriculum-independent assessment. The rules shall provide mechanisms for the state superintendent to directly support schools and school districts in meeting the goals of improvement plans developed pursuant to subsection (c) of this section including, but not limited to, professional development in evidence based literacy instruction and intervention and professional development in identifying the signs of dyslexia and other reading difficulties. To accomplish the purposes of this subsection, the department of education shall collect kindergarten through grade two (2) statewide longitudinal data from assessments selected and performed by each school district, which measures the following specific skills that evidence based research has concluded are predictive of grade three (3) reading proficiency:
1. Phonological awareness;
2. Phonics;
3. Decoding words and nonwords;
4. Oral reading fluency; and
5. Reading comprehension.

History. Laws 2001, ch. 189, § 1; 2011, ch. 185, § 1; 2012, ch. 66, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2019 ch. 155, § 1, effective July 1, 2019.

The 2011 amendment, effective July 1, 2011, rewrote the section modifying the early reading program.

The 2012 amendment, effective July 1, 2012, in (a), inserted “and includes prescreening for dyslexia and other reading difficulties as early as possible” in the first sentence, and added the present third and last sentences; in (c), added the third sentence; and added (d).

The 2013 amendment, substituted “director” for “state superintendent” in (d).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in (d), substituted “state superintendent” for “director.”

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2019 amendment, effective July 1, 2019, in (a), substituted "select" for "design," and "reading assessment and intervention program that uses an instrument that screens for signs of dyslexia" for "reading screening program that measures student reading progress and includes prescreening for dyslexia," added "and that implements with fidelity an evidence based intervention program" following "grade three (3)" at the end of the first sentence, substituted "program shall include instruments that monitor and measure reading progress and assess student reading skills and progress to provide data that informs any intervention. The assessment and intervention program shall be administered to all students in kindergarten through grade three (3)" for "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. In addition to a universal screening instrument, the department of education shall identify assessment instruments utilized to identify dyslexia and other reading difficulties," "implementation of evidence based" for "a plan for implementation of research based," "uniform content and performance standards" for "statewide educational program standards," and "evidence based interventions" for "various interventions"; in (c), substituted "achieving" for "reaching," "report shall" for "report shall include longitudinal data on all students in kindergarten through grade three (3), and shall," "annual reporting period" for "reporting period," added "as having signs of dyslexia or other reading difficulties in addition to listing the evidence based interventions implemented" following "screening instruments," added the third and fourth sentences, added "school district, and the school district shall submit an overall improvement plan to the" preceding "department," substituted "each school and district improvement plan shall outline its general strategy" for "the improvement plan shall outline the district's general strategy," added "evidence based program of instruction, assessment and intervention being implemented, the specific training in those programs that reading teachers have received, the" preceding "student-teacher," "and paraprofessionals" following "instructional facilitators," and substituted "grade three (3) trained in the delivery of the evidence based instruction and intervention program selected by the district" for "grade three (3) in all schools within the district "; in the introductory language in (d), substituted "to assist each school district to administer its reading assessment" for "to administer the reading assessment," "section and to assess the skills in paragraphs (i) through (v) of this subsection using a curriculum-independent assessment" for "statute," and added the second and third sentences and (d)(i) through (d)(v).

Editor's notes. —

Laws 2001, ch. 189, § 1, and Laws 2001, ch. 207, § 1, both enacted an article 3 in chapter 3 in this title. The provisions enacted by Laws 2001, ch. 189, § 1, were redesignated as article 4 (§ 21-3-401 ) by the legislative service office.

2013 amendment unconstitutional. —

Article 5. Driver's Education Programs

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

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.
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.
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.
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).
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).
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:
1. Assuring quality driver education programs in this state;
2. Serving as a liaison between the department of education and the department of transportation;
3. Promoting driver safety throughout the state; and
4. Reviewing and approving driver education programs in accordance with the rules and regulations issued by the departments of education and transportation.
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.

History. Laws 2003, ch. 209, § 1; 2006, ch. 25, § 1.

The 2006 amendment, effective July 1, 2006, added (e) through (g).

Appropriations. —

Laws 2009, ch. 206, § 1, provides:

“(a) Supplemental financial assistance shall be available to school districts through the department of education for the provision of driver's education programs. Financial assistance under this section shall be in addition to and shall not be considered in determining the school foundation program amount under the education resource block grant model pursuant to W.S. 21-13-309 . To qualify for supplemental assistance under this section, the driver's education program provided by a district shall be certified by the state coordinator of driver education programs under W.S. 21-3-501 and shall be in compliance with guidelines and standards prescribed by rule and regulation of the department of education under W.S. 21-3-501 . Supplemental assistance under this section shall be limited to reimbursement for students within a school who are eligible for participation in the free and reduced price lunch program under the national school lunch program established by 42 U.S.C. 1751 et seq.

“(b) On or before September 15, 2009, each school district may apply to the department of education for financial assistance under this section on a form and in a manner prescribed by the department. In addition to verification that the district's driver's education program is certified under W.S. 21-3-501 and verification of student eligibility as provided in subsection (a) of this section, application shall include an estimate of the number of eligible students enrolling and completing the district's program during the 2009-2010 school year, including the 2009 summer session, together with any additional information which may be required by the department.

“(c) Financial assistance under this section shall be computed by the department for each eligible applicant district by multiplying the number of estimated eligible students enrolling and completing the district's certified driver's education program during school year 2009-2010, including the 2009 summer session, by one hundred fifty dollars ($150.00), less any per student fee which may be assessed by the district for enrolling in the driver's education program. Seventy-five percent (75%) of the amount computed under this subsection, based upon estimated eligible student enrollment, shall be paid by the department to each eligible applicant district on or before October 15.

“(d) Not later than June 15, 2010, each district receiving supplemental financial assistance under subsection (c) of this section shall report the actual number of eligible students enrolling and completing its certified driver's education program during school year 2009-2010, including the 2009 summer session. Based upon the report submitted by each recipient district and on or before June 30, 2010, the department shall pay each district the remaining twenty-five percent (25%) of the amount computed under subsection (c) of this section, adjusted to reflect actual program enrollment and completion. If the appropriation from the foundation program account under subsection (f) of this section is insufficient to make payments under this subsection, the department shall make a pro rata reduction in the final payment made to all districts under this subsection.

“(e) In carrying out this section, the department shall promulgate necessary rules and regulations and shall notify districts of supplemental financial assistance available under this section in sufficient time for compliance with district application requirements imposed under this section. On or before December 1, 2009, the department shall report to the joint education interim committee on financial assistance distributions made under this section based upon estimated student enrollment numbers, and shall provide recommendations to the committee on program continuation.

“(f) Two hundred twenty-five thousand dollars ($225,000.00) is appropriated from the public school foundation program account to the department of education for distribution to districts as supplemental assistance in accordance with this section. This appropriation shall be for the period beginning July 1, 2009, and ending June 30, 2010.”

Chapter 4 Pupils

Law reviews. —

For article, “The Wyoming Education Code of 1969,” see V Land & Water L. Rev. 531 (1970).

For comment on Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725, 1975 U.S. LEXIS 23 (1975), and particularly its effect in Wyoming, see X Land & Water L. Rev. 607 (1975).

Am. Jur. 2d, ALR and C.J.S. references. —

68 Am. Jur. 2d Schools §§ 238 to 310.

Conditions at school as excusing or justifying nonattendance, 9 ALR4th 122.

Validity of regulation of athletic eligibility of students voluntarily transferring from one school to another, 15 ALR4th 885.

79 C.J.S. Schools and School Districts §§ 697 to 806.

Article 1. Compulsory Attendance

§ 21-4-101. Definitions.

For the purposes of this article:
1. “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;
2. “Habitual truant” means any child with five (5) or more unexcused absences in any one (1) school year;
3. “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;
4. “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);
5. 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;
6. “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.

History. Laws 1969, ch. 111, § 47; W.S. 1957, § 21.1-47; Laws 1985, ch. 142, § 1; 2004, ch. 112, § 1.

Cross references. —

As to exemptions, see §§ 31-2-201(d)(vii)(C) and 31-7-107(a)(v).

The 2004 amendment, effective July 1, 2004, in (a)(iv), added “which meets the requirements of W.S. 21-2-406(a)” at the end.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

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

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 August 1, or September 15 if the child started kindergarten pursuant to an approved request under W.S. 21-3-110(a)(xxxviii), 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:
1. 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;
2. 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
3. The child has been legally excluded from the regular schools pursuant to the provisions of W.S. 21-4-306 .
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.
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. The written consent to withdrawal shall include a separate provision authorizing the release of the student’s identity and address to the Wyoming national guard youth challenge program, as established by W.S. 19-9-701 , for the sole purpose of recruitment into the Wyoming national guard youth challenge program.

History. Laws 1907, ch. 93, § 1; 1909, ch. 31, § 1; C.S. 1910, § 1956; C.S. 1920, § 2260; Laws 1923, ch. 42, § 1; R.S. 1931, § 99-334; C.S. 1945, § 67-1601; W.S. 1957, § 21-244; Laws 1969, ch. 111, § 48; Rev. W.S. 1957, § 21.1-48; Laws 1985, ch. 142, § 1; 1998, ch. 57, § 1; 2010, ch. 25, § 1; 2014 ch. 72, § 1, effective March 10, 2014; 2020 ch. 159, § 1, effective August 1, 2021.

The 2010 amendment, effective July 1, 2010, added (c).

The 2014 amendment, in (c), added the second sentence.

Laws 2014, ch. 72, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 10, 2014.

The 2020 amendment, effective August 1, 2021, in the introductory language of (a) substituted “before August 1, or September 15 if the child started kindergarten pursuant to an approved request under W.S. 21-3-110(a)(xxxvii)” for “before September 15.”

Editor's notes. —

Laws 2020, ch. 159, § 2, provides: “The change in the age requirement for registering in the first grade as provided in this act shall not apply to students who were registered to attend kindergarten in the public schools of this state during school year 2020–2021.”

Stated in

Michael v. Hertzler, 900 P.2d 1144, 1995 Wyo. LEXIS 136 (Wyo. 1995); RM v. State (In re JM), 2014 WY 114, 2014 Wyo. LEXIS 132 (Sept. 16, 2014).

Am. Jur. 2d, ALR and C.J.S. references. —

Religious beliefs of parents as defense to prosecution for failure to comply with compulsory education law, 3 ALR2d 1401.

What constitutes “private school” within statute making attendance at such a school compliance with compulsory school attendance law, 65 ALR3d 1222.

Validity, construction, and application of statute, regulation, or policy governing home schooling or affecting rights of home-schooled students, 70 ALR5th 169.

§ 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.

History. Laws 1907, ch. 93, § 2; C.S. 1910, § 1957; C.S. 1920, § 2261; Laws 1923, ch. 98, § 1; R.S. 1931, § 99-335; Laws 1945, ch. 169, § 1; C.S. 1945, § 67-1602; W.S. 1957, § 21-246; Laws 1969, ch. 111, § 49; Rev. W.S. 1957, § 21.1-49.

Stated in

RM v. State (In re JM), 2014 WY 114, 2014 Wyo. LEXIS 132 (Sept. 16, 2014).

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

Subject to the policy of the board of trustees, it shall be the duty of each attendance officer to:
1. Counsel with students, parents, guardians or custodians and teachers; and to investigate the causes of unexcused absences;
2. 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 .

The 2004 amendment, in (a)(ii), deleted “a justice of the peace of the proper county or” following “of such child before.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Quoted in

RM v. State (In re JM), 2014 WY 114, 2014 Wyo. LEXIS 132 (Sept. 16, 2014); RM v. State (In re JM), 2014 WY 114, 2014 Wyo. LEXIS 132 (Sept. 16, 2014).

§ 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.

Stated in

RM v. State (In re JM), 2014 WY 114, 2014 Wyo. LEXIS 132 (Sept. 16, 2014).

§ 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.

History. Laws 1907, ch. 93, § 3; 1909, ch. 31, § 2; C.S. 1910, § 1958; C.S. 1920, § 2262; Laws 1927, ch. 89, § 2; R.S. 1931, § 99-336; C.S. 1945, § 67-1603; W.S. 1957, § 21-247; Laws 1969, ch. 111, § 52; Rev. W.S. 1957, § 21.1-52.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of state or local government regulation requiring private school to report attendance and similar information to government — post-Yoder cases, 8 ALR5th 875.

§ 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 Justice Act.

History. Laws 1969, ch. 111, § 53; W.S. 1957, § 21.1-53; Laws 1981, Sp. Sess., ch. 22, § 1; 2019 ch. 186, § 1, effective July 1, 2019.

The 2019 amendment, effective July 1, 2019, substituted "Juvenile Justice Act" for "Juvenile Court Act."

Juvenile Court Act. —

The Juvenile Court Act, enacted by Laws 1971, ch. 255, § 1, was codified as § 14-8-101 et seq. Title 14 was revised in 1978. For present similar provisions, see the Juvenile Justice Act, §§ 14-6-201 through 14-6-252 .

Stated in

RM v. State (In re JM), 2014 WY 114, 2014 Wyo. LEXIS 132 (Sept. 16, 2014).

Am. Jur. 2d, ALR and C.J.S. references. —

Truancy as indicative of delinquency or incorrigibility, justifying commitment of infant or juvenile, 5 ALR4th 1211.

Article 2. Enumeration [Repealed]

§§ 21-4-201 through 21-4-203. [Repealed.]

Repealed by Laws 1979, ch. 75, § 2.

Editor's notes. —

These sections, which derived from Laws 1903, ch. 91, §§ 1 through 3, related to the annual enumeration of children in each school district.

Article 3. Right to Attend School

Am. Jur. 2d, ALR and C.J.S. references. —

AIDS infection as affecting right to attend public school, 60 ALR4th 15.

§ 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 August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxviii), of the year in which they may register in kindergarten as provided in W.S. 21-4-302(b) 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.

History. Laws 1907, ch. 93, § 1; 1909, ch. 31, § 1; C.S. 1910, § 1956; C.S. 1920, § 2260; Laws 1923, ch. 42, § 1; R.S. 1931, § 99-334; C.S. 1945, § 67-1601; W.S. 1957, § 21-244; Laws 1969, ch. 111, § 57; Rev. W.S. 1957, § 21.1-57; Laws 1985, ch. 122, § 1; 1997, Sp. Sess., ch. 3, § 501; 2020 ch. 159, § 1, effective August 1, 2021.

Cross references. —

As to mentally, physically, psychologically or socially handicapped child having right to free, appropriate education, see § 21-2-501 .

As to providing public school system for all children, see art. 7, § 1; art. 21, § 28, Wyo. Const.

Summer school grant program

Laws 2007, ch. 147, § 2, amends Laws 2006, ch. 37, § 3, and states in relevant part:

“[SUMMER SCHOOL/EXTENDED DAY/ENRICHMENT PROGRAMS]

“(a) The summer school grant program is established for the 2006 and 2007 summer sessions to provide financial assistance to districts for the provision of intervention, remediation and enrichment instruction to students beyond the required school year specified by law under W.S. 21-4-301 and 21-13-307(a)(ii). The grant program shall augment amounts within the education resource block grant model for addressing at-risk student needs over a transitional period during which full cost-based funding will be implemented and total at-risk program resources are being reviewed. Assistance made available under the grant program shall supplement district intervention, remediation and enrichment programs and shall at minimum, be made available to students requiring additional instruction to master statewide content and performance standards prescribed by the state board of education under W.S. 21-2-304(a)(iii) or otherwise seeking credit recovery for promotion to the subsequent grade level. Summer school programs eligible for assistance under this section shall also:

“(ii) Provide a minimum of sixty (60) instructional hours to each elementary school student and a minimum of sixty (60) instructional hours to each middle and high school student. High school students may demonstrate proficiency prior to receiving the full sixty (60) hours of instruction;

“(b) In addition to subsection (a) of this section, programs providing enrichment instruction to students and before-school, after-school and Saturday school enhanced instruction for student mastery of the state content and performance standards are eligible for assistance under this section. Before-school, after-school and Saturday school programs for student mastery of state standards shall augment amounts within the education resource block grant model for addressing at-risk student needs over a transitional period during which full cost-based funding will be implemented and total at-risk program resources are being reviewed. To receive funding eligibility under this subsection, a district shall file program plans with the department of education requesting use of a portion of summer school program funds otherwise available under this section, not to exceed a maximum level established by rule and regulation of the department. Plans submitted to the department shall be filed within the time specifications imposed upon the applicant district for summer school grants and shall be subject to program requirements and criteria established by the department.

“(c) To receive grant assistance under this section, a district shall apply to the department of education on or before April 15, 2006, and by April 15, 2007 for the 2007 summer school session and the 2007-2008 school year, as applicable. Application review by the department shall be completed by May 1 of the appropriate year. On or before May 1, 2006, and May 1, 2007, as applicable, districts shall be notified by the department of any estimated grant amount to be made available to the district during the appropriate summer school session and school year. Application to the department shall be in a manner and form prescribed by the department and shall include:

“(f) As soon as reasonably possible following the effective date of this section as amended by the 2007 Wyoming legislature, the department of education shall notify school districts of the availability of assistance under the summer school grant program established under this section and of the requirements imposed upon districts to obtain a grant award.”

The 2020 amendment, effective August 1, 2021, substituted “as of August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxvii), of the year in which they may register in kindergarten as provided in W.S. 21-4-302(b)” for “as of September 15 of the applicable school year.”

No educational services after age 21. —

A county school district is neither entitled nor obligated to provide educational services for individuals within the district after the recipient reaches his or her twenty-first birthday. Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

School district is not authorized to adopt four-day school week, resulting in a 144-day school year. Johnston v. Board of Trustees, 661 P.2d 1045, 1983 Wyo. LEXIS 313 (Wyo. 1983).

School year to be 175 separate days. —

Under this section, the legislature fully intends that students be at school on 175 separate days during a school year. Johnston v. Board of Trustees, 661 P.2d 1045, 1983 Wyo. LEXIS 313 (Wyo. 1983).

High schools. —

The words “public schools” include high schools. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (Wyo. 1933).

Educational opportunity held not denied. —

Where two students were expelled for one year for selling marijuana, the state constitution did not require that the school district had to provide them with an alternate education; they had been lawfully expelled, the district's actions were the least onerous means of accomplishing its compelling interest in providing for the safety and welfare of its students, and the students had not been denied all educational opportunity as they could have chosen to return to school after their suspensions. RM v. Washakie County Sch. Dist. No. One, 2004 WY 162, 102 P.3d 868, 2004 Wyo. LEXIS 208 (Wyo. 2004).

Law reviews. —

For comment on Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725, 1975 U.S. LEXIS 23 (1975), and particularly its effect in Wyoming, see X Land & Water L. Rev. 607 (1975).

For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Education and Other Administrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Standing to challenge college or professional school admissions program which gives preference to minority or disadvantaged applicants, 60 ALR Fed 612.

§ 21-4-302. Age for registration in first grade and kindergarten; preschool programs.

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 August 1, or September 15 if the child started kindergarten pursuant to an approved request under W.S. 21-3-110(a)(xxxviii).
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 August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxviii).
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:
1. 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;
2. Establish a minimum attendance age for the program, but a pupil must have attained at least his third birthday on or before August 1 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;
3. 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.
A program shall not discriminate in enrollment on the basis of sex, race, religion or national origin.
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 results of any assessment required by this subsection shall be open for public inspection.
Nothing in this section supersedes W.S. 21-2-701 through 21-2-705 .

History. Laws 1955, ch. 192, § 1; 1957, ch. 28, § 1; W.S. 1957, § 21-245; Laws 1969, ch. 111, § 58; Rev. W.S. 1957, § 21.1-59; Laws 2000, ch. 60, § 1; 2019 ch. 102, § 1, effective February 26, 2019; 2020 ch. 159, § 1, effective August 1, 2021.

The 2019 amendment, in (e), deleted the second sentence, which read: "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 2020 amendment, effective August 1, 2021, in (a) substituted “before August 1, or September 15 if the child started kindergarten pursuant to an approved request under W.S. 21-3-110(a)(xxxviii)” for “before September 15”; in (b) substituted “before August 1, or September 15 if pursuant to an approved request under W.S. 21-3-110(a)(xxxviii)” for “before September 15”; and in (c)(ii) substituted “before August 1” for “before September 15.”

Effective dates. —

Laws 2019, ch. 102 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

Editor’s notes. — Laws 2020, Ch. 159, § 2, states: “The change in the age requirement for registering in the first grade as provided in this act shall not apply to students who were registered to attend kindergarten in the public schools of this state during school year 2020-2021.”

Appropriations. —

Laws 2004, ch. 108, § 801, as amended by Laws 2005, ch. 121, § 1, effective July 1, 2005, provides:

“(a) To provide financial assistance to school districts for the provision of full-day kindergarten programs, each school district shall for school years 2004-2005 and 2005-2006, receive an amount payable from the school foundation program account determined in accordance with subsection (b) of this section. This payment shall be made by the department of education from amounts within the foundation program account appropriated by the legislature for purposes of this section and shall be in addition to the foundation program amount determined for each district under W.S. 21-13-309(p). If there is an insufficient amount within the foundation program account for payments under this section, the department shall make a pro rata reduction in the payments to districts for each kindergarten student.

“(b) School year 2004-2005 payments to school districts for full-day kindergarten programs shall be computed by multiplying the number of students enrolled in full-day kindergarten programs within each district during school year 2004-2005 by one thousand dollars ($1,000.00), and shall be distributed to districts on February 15 together with foundation program distributions for school year 2004-2005 under W.S. 21-13-313 . School year 2005-2006 payments to school district for full-day kindergarten programs shall be computed by multiplying the number of students enrolled in full-day kindergarten programs within each district during school year 2005-2006 by one thousand dollars ($1,000.00), and shall be distributed to districts together with school year 2005-2006 foundation program distributions under W.S. 21-13-313 . For purposes of computations under this subsection, the kindergarten enrollment count for each district shall be the enrollment taken during October, 2004 and October, 2005, as applicable.

“(c) Each district shall report expenditures of amounts distributed under subsection (b) of this section to the department in the manner and at the time specified by the department. Not later than September 1, 2005, for school year 2004-2005 distributions, and September 1, 2006, for school year 2005-2006 distributions, the department shall provide a report of expenditures broken down by district and expenditure category to the joint education interim committee.

“(d) Any charter school operating within a district and providing a full-day kindergarten program under a contract with the district shall be eligible for funding from the district through payment distributions available to the district under this section.”

Laws 2005, ch. 121, § 3, appropriates $6,200,000 from the school foundation program account to the department of education for distributions to school districts for full-day kindergarten programs during school year 2005-2006 as authorized under the act.

Quoted in

Natrona County Sch. Dist. v. Ryan, 764 P.2d 1019, 1988 Wyo. LEXIS 153 (Wyo. 1988).

§ 21-4-302.1. Advance enrollment for children of transferred military personnel.

For purposes of registration with a school district, a pupil shall be considered a resident of this state if the pupil’s parent or guardian is transferred to or is pending transfer to the state while on active military duty pursuant to an official military order.
For pupils qualifying under subsection (a) of this section, school districts shall accept enrollment requests electronically. If a school district allows enrollment requests for a pupil to attend a specific school or program, the school district shall allow the enrollment request to be submitted electronically for a pupil qualifying under subsection (a) of this section.
For pupils qualifying under subsection (a) of this section, a parent or guardian shall provide proof of residence to the pupil’s school district within ten (10) days after the pupil first attends the school district.
As used in this section, “active military duty” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders.

History. 2021 ch. 71, § 1, effective July 1, 2021.

Effective date. —

Laws 2021, ch. 71, § 2, makes the act effective July 1, 2021.

§ 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.

History. Laws 1969, ch. 111, § 59; W.S. 1957, § 21.1-59.

Cross references. —

As to prohibition against discrimination on account of sex, race or color, see art. 7, § 10, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

Racial segregation in schools, 38 ALR2d 1188.

De facto segregation of races in public schools, 11 ALR3d 780.

Validity, under federal law, of sex discrimination in athletics, 23 ALR Fed 664.

What constitutes reverse or majority race or national origin discrimination violative of federal constitution or statutes — nonemployment cases 152 ALR Fed 1.

Sex discrimination in public education under Title IX — Supreme Court cases, 158 ALR Fed 563.

What constitutes reverse sex or gender discrimination against males violative of federal constitution or statutes — Nonemployment cases, 166 ALR Fed 1.

§ 21-4-304. [Repealed.]

Repealed by Laws 1991, ch. 138, § 1.

Editor's notes. —

This section, which derived from Laws 1905, ch. 67, § 28, related to admission without examination to institutions of higher learning.

§ 21-4-305. Suspension or expulsion; authority; procedure.

The board of trustees of any school district is authorized to suspend or expel a student subject to the requirements to provide notice and an opportunity to be heard as set forth in this section. The board of trustees may delegate the authority to suspend or expel a student to disciplinarians chosen from the administrative and supervisory staff.
No student shall be suspended or expelled from school without notice as set forth in this subsection and an opportunity to be heard as set forth in subsection (c) of this section. To provide notice the disciplinarian shall:
1. Give the student to be suspended or expelled oral or written notice of the charges against him and an explanation of the evidence the authorities have;
2. In good faith attempt to notify the student’s parents, guardians or custodians within twenty-four (24) hours of the student’s suspension or expulsion and the reasons for the suspension or expulsion, using contact information on record with the school or district. The disciplinarian shall keep record of the efforts to provide notice under this paragraph and whether the notice was provided successfully;
3. Give the student to be suspended or expelled an opportunity to be heard and to present his version of the charges against him as set forth in subsection (c) of this section;
To provide an opportunity to be heard the disciplinarian shall give every student to be suspended or expelled the opportunity to be heard as soon as practicable after the misconduct, and in accordance with the following, unless a student requests an extension of time and the board of trustees or the disciplinarian designee of the board approves the extension:
1. For a suspension of ten (10) school days or less, notice shall be provided in accordance with paragraph (b)(ii) of this section and a student shall be provided an opportunity to be heard before a student is removed 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;
2. For a suspension or expulsion longer than ten (10) school days a hearing shall be held in accordance with the Wyoming Administrative Procedure Act and, unless the student requests an extension and the board or the disciplinarian designee of the board approves an extension, the hearing shall be held within ten (10) business days, or as soon thereafter as is reasonably practicable, after the supervisory staff disciplinarian recommends suspension or expulsion to the appropriate administrator. The student’s suspension shall continue until the hearing is held.
Repealed by Laws 2019, ch. 164, § 2.
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.
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.
As used in this chapter, an “opportunity to be heard” means at a minimum a meeting in which the disciplinarian or his designee provides the substantive information regarding the suspension or expulsion to the student to be suspended, and the student to be suspended may dispute the substantive information provided. An opportunity to be heard does not require a formal hearing in accordance with the provisions of the Wyoming Administrative Procedure Act except as provided in paragraph (c)(ii) of this section.

History. Laws 1977, ch. 69, § 1; W.S. 1957, § 21.1-61.1; Laws 1995, ch. 57, § 1; 1997, Sp. Sess., ch. 3, § 501; 1998, ch. 49, § 1; ch. 73, § 1; 2019 ch. 164, §§ 1, 2, effective July 1, 2019.

2019 Amendments.—

The first amendment, by ch. 164 § 1, effective July 1, 2019, in (a), substituted "school district is authorized to suspend or expel a student subject to the requirements to provide notice and an opportunity to be heard as set forth in this section. The board of trustees may delegate the authority to suspend or expel a student" for "school district may delegate authority," and "staff" for "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"; in the introductory language in (b), added "No student shall be suspended or expelled from school without notice as set forth in this subsection and an opportunity to be heard as set forth in subsection (c) of this section. To provide notice" preceding "the disciplinarian" and made related changes, designated (b)(i), in (b)(i) and (c), added "or expelled" following "suspended" and made related changes, designated (b)(ii) and substituted "In good faith attempt to notify the student's parents, guardians or custodians within twenty-four (24) hours of the student's suspension or expulsion and the reasons for the suspension or expulsion, using contact information on record with the school or district. The disciplinarian shall keep record of the efforts to provide notice under this paragraph and whether the notice was provided successfully" for "The disciplinarian shall," designated (b)(iii), added "or expelled" following "suspended" and substituted "as set forth in" for "No student shall be removed from school without such notice and opportunity to be heard, except as provided by"; in the introductory language in (c), added "To provide an opportunity to be heard" at the beginning, substituted "every student" for "the student," added "and in accordance with the following, unless a student requests an extension of time and the board of trustees or the disciplinarian designee of the board approves the extension" following "misconduct," added designation (c)(i) and "For a suspension of ten (10) school days or less, notice shall be provided in accordance with paragraph (b)(ii) of this section and a student shall be provided an opportunity to be heard before a student is removed" preceding "unless," deleted the last sentence, which read: "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," and made stylistic and related changes, and added (c)(ii); and added (g).

The second 2019 amendment, by ch. 164 § 2, effective July 1, 2019, repealed (d), which read: "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 [§§ 16-3-101 through 16-3-115 ]."

Suspension appropriate where conduct threatens safety and welfare of other students. —

Pursuant to this section, a student may temporarily have his educational services suspended if his conduct threatens the safety and welfare of other students and school employees and thereby interferes with the school district's obligation to provide an equal opportunity for a quality education to all the students of that district. RM v. Washakie County Sch. Dist. No. One, 2004 WY 162, 102 P.3d 868, 2004 Wyo. LEXIS 208 (Wyo. 2004).

When exceptions to section triggered. —

In order to trigger the need to satisfy the exceptions contained in subsection (e), the suspension or expulsion envisioned must fall within the parameters of “additional punishment for offenses punishable under the laws of the state.” Clements v. Board of Trustees, 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Educational opportunity held not denied. —

Where two students were expelled for one year for selling marijuana, the state constitution did not require that the school district had to provide them with an alternate education. They had been lawfully expelled, the district's actions were the least onerous means of accomplishing its compelling interest in providing for the safety and welfare of its students, and the students had not been denied all educational opportunity as they could have chosen to return to school after their suspensions. RM v. Washakie County Sch. Dist. No. One, 2004 WY 162, 102 P.3d 868, 2004 Wyo. LEXIS 208 (Wyo. 2004).

Mootness. —

School district's appeal of a judgment overturning its decision to expel a student from high school for violations of Wyo. Stat. Ann. §§ 21-4-305(a) and 21-4-306(a)(v) was dismissed as moot, where the student had served his sentence of suspension, complied with the terms of a behavior contract, and graduated from high school. Bd. of Trs. Fremont County Sch. Dist. #25 v. BM, 2006 WY 23, 129 P.3d 317, 2006 Wyo. LEXIS 26 (Wyo. 2006).

Law reviews. —

For comment on Goss v. Lopez, 419 U.S. 565, 95 S. Ct. 729, 42 L. Ed. 2d 725, 1975 U.S. LEXIS 23 (1975), and particularly its effect in Wyoming, see X Land & Water L. Rev. 607 (1975).

For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Education and Other Administrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of student to hearing on charges before suspension or expulsion from educational institution, 58 ALR2d 903.

Admissibility of hearsay evidence in student disciplinary proceedings, 30 ALR4th 935.

§ 21-4-306. Suspension or expulsion; grounds.

The following shall be grounds for suspension or expulsion of a child from a public school during the school year:
1. Continued willful disobedience or open defiance of the authority of school personnel;
2. Willful destruction or defacing of school property during the school year or any recess or vacation;
3. 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;
4. Torturing, tormenting, or abusing a pupil or in any way maltreating a pupil or a teacher with physical violence;
5. 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).
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.
The board of trustees shall, subject to the case-by-case modification permitted by subsection (d) of this section, require the district superintendent to expel from school for a period of one (1) year any student determined to violate paragraph (a)(v) of this section.
The superintendent with the approval of the board of trustees may modify the period of any expulsion on a case-by-case basis based upon the circumstances of the violation. Upon a violation of paragraph (a)(v) of this section and following notice and hearing requirements of W.S. 21-4-305 , the superintendent shall notify the district attorney of the violation together with the specific act in violation of paragraph (a)(v) of this section and the name of the student violating paragraph (a)(v) of this section. Nothing in this section prohibits a district from providing educational services to the expelled student in an alternative setting.

History. Laws 1969, ch. 111, § 62; W.S. 1957, § 21.1-62; Laws 1977, ch. 16, § 1; 1995, ch. 57, § 1; 1997, Sp. Sess., ch. 3, § 501; 1998, ch. 49, § 1; 2019 ch. 164, § 1, effective July 1, 2019.

The 2019 amendment, effective July 1, 2019, added (c) and (d).

Subsection (a)(iii) is constitutional on its face. Clements v. Board of Trustees, 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Purpose of suspension from school. —

While it cannot be denied that the imposition of a suspension from school has certain punitive effects, the underlying purpose of a school board's action and the provisions of subsection (a)(iii) is the protection of other students — not the vindication of public justice. Clements v. Board of Trustees, 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Disciplinable out-of-school conduct. —

It is generally accepted that school authorities may discipline pupils for out-of-school conduct having a direct and immediate effect on the discipline or general welfare of the school. Clements v. Board of Trustees, 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Mootness. —

Law reviews. —

For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Education and Other Administrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984).

§ 21-4-307. Denial of admission to school.

The board of trustees of any school district within the state may deny admission to any child who:
1. Has completed the twelfth grade; or
2. 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.

History. Laws 1969, ch. 111, § 63; W.S. 1957, § 21.1-63.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Law reviews. —

For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Education and Other Administrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984).

§ 21-4-308. Punishment and disciplinary measures; denial of diploma or credit.

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.
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.
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.

History. Laws 1969, ch. 111, § 64; W.S. 1957, § 21.1-64; Laws 1997, Sp. Sess., ch. 3, § 507.

Am. Jur. 2d, ALR and C.J.S. references. —

Student's right to compel school officials to issue degree, diploma, or the like, 11 ALR4th 1182.

§ 21-4-309. Mandatory immunizations for children attending schools; exceptions.

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).
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.
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.
For purposes of this section:
1. “State health officer” means the person appointed by the governor pursuant to W.S. 9-2-103(e);
2. “County health officer” means the licensed medical officer designated by the county commissioners to serve as health officer for his county;
3. “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.

History. Laws 1979, ch. 23, § 1; 1987, ch. 3, § 1; 1991, ch. 30, § 2; ch. 221, § 1; 2004, ch. 130, § 1; 2021 ch. 168, § 2, effective July 1, 2021.

The 2004 amendment, in (d)(i), substituted “9-2-103” for “9-2-101(f).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2021 amendment, effective July 1, 2021, in (d)(i), substituted "governor" for "director of the department of health" and "9-2-103(e)" for "9-2-103."

Applicability. —

Laws 2021, ch. 168, § 4, provides: "This act shall only apply to orders issued by the state health officer or municipal, county or district health officers on or after the effective date of this act. No order issued before the effective date of this act shall be subject to this act during any period for which the public health order is effective."

Conflicting legislation. —

Waiver of immunization. —

The statute clearly requires a waiver to be issued upon receipt of written evidence of a medical contraindication to the administration of any vaccine, and the statute does not require that a specific reason be given for a medical contraindication. Jones v. State Dep't of Health, 2001 WY 28, 18 P.3d 1189, 2001 Wyo. LEXIS 35 (Wyo. 2001).

The statute mandates the issuance of an exemption from immunization for school children upon a written religious objection and does not permit an inquiry by the department of health into the sincerity of the religious beliefs of an applicant. LePage v. State (In re LePage), 2001 WY 26, 18 P.3d 1177, 2001 Wyo. LEXIS 34 (Wyo. 2001).

Am. Jur. 2d, ALR and C.J.S. references. —

Products liability: pertussis vaccine manufacturers, 57 ALR4th 911.

Power of court or other public agency to order vaccination over parental religious objection, 94 ALR5th 613.

§ 21-4-310. Self-administration of medication for potentially life threatening conditions.

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:
1. 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;
2. 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.
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.
As used in this section:
1. “Asthma medication” means prescription or nonprescription inhaled asthma medication;
2. “Potentially life threatening conditions” includes, but is not limited to asthma, food allergies and insect bites;
3. “Medication required for potentially life threatening conditions” includes, but is not limited to asthma medication and prescription single dose epinephrine pens.

History. Laws 2005, ch. 115, § 1; 2007, ch. 98, § 1.

The 2007 amendment rewrote (a) to substitute “medication required for potentially life threatening conditions” for “asthma medication” throughout; added (c)(ii) and (c)(iii) and made related changes.

Laws 2007, ch. 98, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 23, 2007.

Effective dates. —

Laws 2005, ch. 115, § 2, makes the act effective July 1, 2005.

§ 21-4-311. Safe school climate act; short title.

This act shall be known and may be cited as the “Safe School Climate Act”.

History. Laws 2009, ch. 106, § 1.

Effective dates. —

Laws 2009, ch. 106, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

§ 21-4-312. Definitions.

As used in this act:
1. “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:
  1. Harming a student physically or emotionally, damaging a student’s property or placing a student in reasonable fear of personal harm or property damage;
  2. Insulting or demeaning a student or group of students causing substantial disruption in, or substantial interference with, the orderly operation of the school; or
  3. Creating an intimidating, threatening or abusive educational environment for a student or group of students through sufficiently severe, persistent or pervasive behavior.
2. “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;
3. “This act” means W.S. 21-4-311 through 21-4-315 .

History. Laws 2009, ch. 106, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed act.

Effective dates. —

Laws 2009, ch. 106, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

§ 21-4-313. Prohibition against harassment, intimidation or bullying; reporting to school officials.

No person shall engage in:
1. Harassment, intimidation or bullying; or
2. Reprisal or retaliation against a victim, witness or person who reports information about an act of harassment, intimidation or bullying.

History. Laws 2009, ch. 106, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed act.

Effective dates. —

Laws 2009, ch. 106, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

§ 21-4-314. School district implementation; state policies, training and technical assistance.

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.
The policy prohibiting harassment, intimidation or bullying shall include, without limitation:
1. A statement prohibiting harassment, intimidation or bullying of a student;
2. A definition of “harassment, intimidation or bullying” which includes at minimum the definition as provided in W.S. 21-4-312(a)(i);
3. Consequences and appropriate remedial actions for persons committing acts of harassment, intimidation or bullying or engaging in reprisal or retaliation;
4. 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;
5. Procedures for prompt investigation of reports or complaints of serious violations;
6. A statement that prohibits reprisal or retaliation against a person who reports or makes a complaint of harassment, intimidation or bullying;
7. A strategy for protecting a victim from additional harassment, intimidation or bullying, and from retaliation following a report;
8. Consequences and appropriate remedial action for a person who is found to have made a false accusation, report or complaint;
9. A process for discussing the district’s harassment, intimidation or bullying policy with students; and
10. A statement of how the policy is to be publicized, including notice that the policy applies to participation in functions sponsored by the school.
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.
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.
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.
School districts may establish bullying prevention programs or other initiatives and may involve school staff, students, administrators, volunteers, parents, law enforcement and community members.

History. Laws 2009, ch. 106, § 1.

Effective dates. —

Laws 2009, ch. 106, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

§ 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.

History. Laws 2009, ch. 106, § 1.

Effective dates. —

Laws 2009, ch. 106, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2009.

§ 21-4-316. Administration of stock epinephrine auto-injectors.

A district board may adopt and implement a policy whereby the district may acquire, maintain and dispense to schools within the district a supply of epinephrine auto-injectors. Upon authorization by the board, school nurses and assigned school personnel may administer a stock epinephrine auto-injector to a student that the school nurse or assigned school personnel in good faith believes is experiencing a severe allergic reaction. A district board shall not be required to obtain a prescription to acquire, maintain or dispense to schools within the district a supply of epinephrine auto-injectors under this section. A district board may enter into arrangements with manufacturers or third-party suppliers of epinephrine auto-injectors to obtain the epinephrine auto-injectors at fair market, free or reduced prices.
A district board that decides to acquire, maintain and dispense a supply of epinephrine auto-injectors shall:
1. Implement a plan based on the guidelines developed pursuant to this section for the management of students with life threatening allergies enrolled in the schools within the district;
2. Make the plan available on the school district’s website or the website of each school within the district, or if such websites do not exist, make the plan publicly available through other practicable means as determined by the board.
Not later than December 31, 2014, the department of education, in consultation with the department of health, shall develop and make available to all schools guidelines for the management of students with life threatening allergies. The guidelines shall include, but not be limited to:
1. Identification of life threatening allergies or severe allergic reactions qualifying for administration of epinephrine auto-injectors under this act;
2. Identification of appropriate and acceptable epinephrine auto-injectors;
3. Education and training for school personnel on the management of students with life threatening allergies, including training related to the administration of epinephrine auto-injectors;
4. Procedures for responding to life threatening allergies;
5. A process for the development of individualized health care and allergy action plans for every student with a life threatening allergy;
6. Protocols to prevent exposure to allergens;
7. Requirements for each school to keep a record of each incident that involves a life threatening allergy or the administration of stock epinephrine auto-injectors;
8. Requirements for schools that have adopted a policy allowing for the administration of stock epinephrine auto-injectors pursuant to this section to maintain a list of employees in the school or school district who have been trained and assigned to administer stock epinephrine auto-injectors;
9. Requirements for school nurses and assigned school personnel to confirm completion of a training program approved by the department of education, in consultation with the department of health.
A school that possesses and makes available stock epinephrine auto-injectors and those persons specified in this subsection shall not be liable for damages for any injuries that result from the administration of, self-administration of, or failure to administer epinephrine auto-injectors that may constitute ordinary negligence. This immunity applies regardless of whether authorization was provided by the student’s parent or guardian or by the student’s health care provider. This immunity does not apply to acts or omissions constituting gross, willful or wanton negligence. The administration of stock epinephrine auto-injectors in accordance with this section is not the practice of medicine. The immunity from liability provided under this section is in addition to and not in lieu of that provided under W.S. 1-1-120 . The immunity provided in this subsection extends to:
1. A district board, school nurses, employees, agents and volunteers of the district;
2. An authorized health care provider who prescribes stock epinephrine auto-injectors; and
3. An individual or entity that conducts the training described in this section.
As used in this section:
1. “Administer” or “administration” means the direct application of a stock epinephrine auto-injector;
2. “Assigned school personnel” means an employee, agent or volunteer of a school designated by the administrator of the school who has completed the training required under this section to provide or administer stock epinephrine auto-injectors;
3. “Authorized health care provider” means an individual authorized by law to prescribe and administer prescription drugs in the course of professional practice;
4. “Provide” means the supply of one (1) or more stock epinephrine auto-injectors;
5. “Stock epinephrine” means injectable medications used for the treatment of severe, life-threatening allergies that schools or districts buy and keep on-site for emergency use.
Nothing in this section shall be held to apply to or affect W.S. 21-4-310 .

History: 2014 ch. 43, § 1, effective July 1, 2014.

Effective date. —

Laws 2014, ch. 43, § 1, makes the act effective July 1, 2014.

Article 4. Isolation

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

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.
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.
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.
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.
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.

History. C.L. 1876, ch. 103, § 17; Laws 1886, ch. 75, § 1; R.S. 1887, § 3927; Laws 1888, ch. 72, § 12; 1890, ch. 77, § 5; R.S. 1899, § 531; Laws 1903, ch. 63, § 1; 1905, ch. 91, § 1; C.S. 1910, § 1935; C.S. 1920, § 2239; R.S. 1931, § 99-317; Laws 1933, ch. 136, § 1; 1937, ch. 35, § 1; 1941, ch. 45, § 1; 1943, ch. 10, § 1; 1945, ch. 138, § 1; C.S. 1945, § 67-607; Laws 1951, ch. 21, § 1; W.S. 1957, § 21-115; Laws 1969, ch. 111, § 65; Rev. W.S. 1957, § 21.1-65; Laws 1971, ch. 164, § 1; 1994, ch. 17, § 1; ch. 53, § 1; 1999, ch. 110, § 104; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, substituted “director” for “state superintendent” in (b).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, in (b), substituted “state superintendent” for “director” in the first sentence.

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

2013 amendment unconstitutional. —

Cited in

Clements v. Board of Trustees, 585 P.2d 197, 1978 Wyo. LEXIS 230 (Wyo. 1978).

Law reviews. —

For article, “School Finance Reform in Wyoming,” see XIX Land & Water L. Rev. 135 (1984).

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

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.
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:
1. Are hospitalized or placed due to a mental, physical or psychological disability and who are receiving educational services under W.S. 21-2-501 ; or
2. Have been placed in a psychiatric residential treatment facility who are receiving educational services pursuant to W.S. 21-13-315 or 21-13-336 .

History. Laws 1969, ch. 111, § 66; W.S. 1957, § 21.1-66; Laws 1989, ch. 260, § 1; 2016 ch. 89, § 2, effective July 1, 2016.

The 2016 amendment , effective July 1, 2016, added (b)(i) designation, substituted “disability” for “handicap” in present (b)(i), added (b)(ii), and made stylistic changes.

Am. Jur. 2d, ALR and C.J.S. references. —

AIDS infection as affecting right to attend public school, 60 ALR4th 15.

Article 5. Tuition

Law reviews. —

For article, “School Finance Reform in Wyoming,” see XIX Land & Water L. Rev. 135 (1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Absence from or inability to attend school or college as affecting liability for or right to recover payments for tuition or board, 20 ALR4th 303.

§ 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.

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.
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:
1. 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
2. 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).
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.
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.
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 .

History. Laws 1905, ch. 67, § 26; C.S. 1910, § 2076; C.S. 1920, § 2416; Laws 1921, ch. 22, § 1; 1923, ch. 64, § 1; R.S. 1931, §§ 99-530, 99-825; C.S. 1945, §§ 67-217, 67-927; Laws 1953, ch. 140, § 1; 1957, ch. 198, § 1; W.S. 1957, §§ 21-52, 21-197; Laws 1969, ch. 111, § 67; Rev. W.S. 1957, § 21.1-67; 1999, ch. 110, § 103(a); 2002 Sp. Sess., ch. 76, § 2; 2006, ch. 36, § 2; 2007, ch. 187, § 1.

Cross references. —

As to interdistrict contracts for education of children with disabilities, see § 21-2-502 .

The 2006 amendment added (e).

Laws 2006, ch. 36, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2006.

The 2007 amendment added the final sentence in (e.)

Laws 2007, ch. 187, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2007.

Editor's notes. —

Laws 2006, ch. 36, § 6, states: “The scholarships provided under this act shall begin for students graduating from an eligible high school or a home-based educational program or receiving a GED after April 1, 2006 and shall be provided beginning with the fall semester 2006.”

School district reorganization plan held unlawful. —

State committee's school district reorganization plan, for the combination of existing school districts on Indian reservation into a single Indian reservation school district, which applied only to some Indians on the reservation, and which failed to provide for transfers by the excluded Indians into the newly created district, although the plan provided for transfers out to other school districts, was unlawful and arbitrary. Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

No liability for high school tuition where pupils have not completed lower grades. —

Where pupils have not completed ninth and tenth grades before attending another high school district's school, the district of pupils' residence was not liable for the tuition of the pupils. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (Wyo. 1933).

Nor where written transfer permission has not been given. —

Where pupils attend school in another district, the district of their residence is not made liable for tuition, where they do not have written permission for attendance in another district. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (1933). See § 21-4-502 .

Permission of officials of district wherein pupils reside to attend high school in another district is essential to entitle other district to charge tuition. School Dist. v. Jackson-Wilson High Sch. Dist., 49 Wyo. 115, 52 P.2d 673, 1935 Wyo. LEXIS 9 (Wyo. 1935).

Permission cannot be arbitrarily refused. —

Where district does not maintain a 4-year high school it cannot arbitrarily refuse permission for the pupils to attend high school in another district. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (Wyo. 1933).

But school officials may select district with lower tuition. —

School officials may decide whether to send students to another high school where the tuition is less than in an adjoining county. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (Wyo. 1933).

Residence of pupils. —

Pupils boarding in a high school district and returning to their parents' home in another district held to be residents of the abode of their parents. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (Wyo. 1933).

The fact that pupils boarded with their mother in a district and returned to another district for the weekend made them residents of the latter district for the purpose of tuition. State ex rel. School Dist. v. School Dist., 45 Wyo. 365, 18 P.2d 1010, 1933 Wyo. LEXIS 13 (Wyo. 1933).

Law reviews. —

For article, “School Finance Reform in Wyoming,” see XIX Land & Water L. Rev. 135 (1984).

Am. Jur. 2d, ALR and C.J.S. references. —

Public payment of tuition, scholarship or the like to sectarian school, 81 ALR2d 1309.

Determination of residence or nonresidence for purpose of fixing tuition fees or the like in public school or college, 83 ALR2d 497, 56 ALR3d 641.

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

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. Except as provided under subsection (c) of this section, 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 .
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. Except as provided under subsection (c) of this section, 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 .
Any district within the state may allow pupils enrolled in another school district in the state to receive a portion of a pupil’s education pursuant to an agreement with the district in which the pupil is enrolled. The agreement shall be in writing with a copy kept on file by both districts. The district providing for the enrollment of the pupil shall include the pupil within its average daily membership (ADM) for purposes of the foundation program under W.S. 21-13-309 . The district providing a portion of the pupil’s education may assess the district providing for the enrollment of the pupil tuition for the classes the pupil attends. The tuition shall be equal to or less than the per ADM amount for the district providing a portion of the pupil’s education prorated to reflect the number of classes attended by the pupil.

History. C.L. 1876, ch. 103, § 25; R.S. 1887, § 3937; R.S. 1899, § 542; C.S. 1910, § 1945; C.S. 1920, § 2249; Laws 1921, ch. 132, § 1; 1923, ch. 51, § 1; 1931, ch. 6, § 1; R.S. 1931, § 99-325; C.S. 1945, § 67-619; Laws 1957, ch. 199, § 1; W.S. 1957, § 21-127; Laws 1969, ch. 111, § 68; Rev. W.S. 1957, § 21.1-68; Laws 1994, ch. 53, § 1; 1997, Sp. Sess., ch. 3, § 501; 1999, ch. 110, § 103; 2016 ch. 88, § 1, effective July 1, 2016; 2017 ch. 193, § 1, effective July 1, 2017.

The 2016 amendment, effective July 1, 2016, inserted the proviso, “Except as provided under subsection (c) of this section” in (a) and (b), and added (c).

The 2017 amendment, effective July 1, 2017, rewrote (c), which formerly read: “Any district within the state may allow nonresident pupils to attend to receive a portion of a pupil's education pursuant to an agreement with a resident district. The agreement shall be in writing with a copy kept on file by both districts. The resident district shall include the pupil within its average daily membership (ADM) for purposes of the foundation program under W.S. 21-13-309 . The nonresident district may assess the resident district tuition for the classes the pupil attends. The tuition shall be equal to or less than the nonresident per ADM amount prorated to reflect the number of classes attended by the pupil. This subsection shall not apply if a pupil enrolls full-time in a nonresident district pursuant to subsections (a) and (b) of this section.”

School district reorganization plan held unlawful. —

Notice of meeting. —

Action under provisions similar to this section was illegal where one member of board did not receive notice of time and place when and where action would be taken. State ex rel. Van Patten v. Ellis, 37 Wyo. 124, 259 P. 812, 263 P. 105, 1928 Wyo. LEXIS 1 (Wyo. 1928).

Law reviews. —

For article, “School Finance Reform in Wyoming,” see XIX Land & Water L. Rev. 135 (1984).

§ 21-4-503. [Repealed.]

Repealed by Laws 1999, ch. 110, § 103.

Editor's notes. —

This section, which derived from Laws 1921, ch. 22, § 2, related to the amount of tuition to be paid to one school district by another for admitting a pupil.

§ 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 for a school district admitting a pupil from a nonunified school district in the state under W.S. 21-4-501 and in the current school year for pupils attending a school in another state under W.S. 21-4-505 .

History. C.L. 1876, ch. 103, § 25; R.S. 1887, § 3937; R.S. 1899, § 542; C.S. 1910, § 1945; C.S. 1920, § 2249; Laws 1921, ch. 132, § 1; 1923, ch. 51, § 1; 1931, ch. 6, § 1; R.S. 1931, § 99-325; C.S. 1945, § 67-619; Laws 1957, ch. 199, § 1; W.S. 1957, § 21-127; Laws 1969, ch. 111, § 70; Rev. W.S. 1957, § 21.1-70; Laws 1973, ch. 84, § 1; 1997, Sp. Sess., ch. 3, § 501; 1999, ch. 110, § 103(a); 2017 ch. 31, § 1, effective February 17, 2017.

The 2017 amendment added the end of the last sentence, which reads, “for a school district admitting a pupil from a nonunified school district in the state under W.S. 21-4-501 and in the current school year for pupils attending a school in another state under W.S. 21-4-505 .”

Laws 2017, ch. 31, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

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

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 during the current school year subject to the following:
1. Effective school year 2017-2018 and each year thereafter, the Wyoming school district shall submit a report to the department of education in the manner and form and at times specified by department rule and regulation, documenting the number of pupils attending a public school maintained by another state and verifying payments to such districts for educational services;
2. From amounts appropriated by the legislature from the public school foundation program account for purposes of this subsection, the department of education shall distribute payments to eligible districts in accordance with this subsection on or before May 15 of the applicable school year, together with the district’s foundation payment under W.S. 21-13-313(c), if applicable;
3. 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 .
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:
1. 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
2. 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).
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 .

History. C.L. 1876, ch. 103, § 25; R.S. 1887, § 3937; R.S. 1899, § 542; C.S. 1910, § 1945; C.S. 1920, § 2249; Laws 1921, ch. 22, § 3; ch. 132, § 1; 1923, ch. 51, § 1; 1931, ch. 6, § 1; ch. 81, § 1; R.S. 1931, §§ 99-325, 99-701, 99-827; C.S. 1945, §§ 67-219, 67-220, 67-619; Laws 1953, ch. 12, § 1; 1957, ch. 199, § 1; W.S. 1957, §§ 21-54, 21-55, 21-127; Laws 1969, ch. 111, § 71; Rev. W.S. 1957, § 21.1-71; 1999, ch. 110, § 103(a); 2009, ch. 169, § 1; 2017 ch. 31, § 1, effective February 17, 2017.

The 2009 amendment, effective July 1, 2009, added (c).

The 2017 amendment, in the last sentence of (a), substituted “current school year” for “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”, added “subject to the following”, and made a related change; added (a)(i) and (a)(ii), added the designation to current (a)(iii).

Laws 2017, ch. 31, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved Feb. 17, 2017.

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

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:
1. The district may require the student to pay any fees for participation which are required by the Wyoming high school activities association;
2. 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;
3. 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.

History. Laws 1999, ch. 110, § 502.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Article 6. American Indian Education Programs

Effective dates. —

Laws 2007, ch. 200, § 3, makes the act effective July 1, 2007.

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

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.
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.
To arrive at a biennial funding amount for purposes of subsection (b) of this section, an estimate shall be computed as follows:
1. 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);
2. 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;
3. 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.
The joint business council of the Eastern Shoshone and the Northern Arapaho Indian Tribes shall annually report to the governor and the state superintendent of public instruction on the expenditure of contractual amounts as required under subsection (b) of this section.

History. Laws 2007, ch. 200, § 1; 2009, ch. 29, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015; 2019 ch. 102, § 1, effective February 26, 2019.

The 2009 amendment, in (b), substituted “state superintendent of public instruction” for “governor” in the first sentence, and substituted “state superintendent” for “governor” in the last sentence.

Laws 2009, ch. 29, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2009.

The 2013 amendment, substituted “director” for “state superintendent of public instruction” in (b) and (d); substituted “director” for “state superintendent” in the last sentence of (b).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, substituted “state superintendent for public instruction” or similar language for “director” in the (a) and (d).

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

The 2019 amendment, in (d), substituted "governor and the state superintendent of public instruction" for "governor, the state superintendent of public instruction, the joint education interim committee and the select committee on tribal relations."

Effective Dates

Laws 2019, ch. 102 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

Appropriations. —

Laws 2007, ch. 200, § 2, provides as follows:

“One million forty-nine thousand nine hundred forty-six dollars ($1,049,946.00) is appropriated from the general fund to the office of the governor to fund contractual obligations through the fiscal year beginning July 1, 2007, and ending June 30, 2008.”

2013 amendment unconstitutional. —

§ 21-4-602. American Indian educational program.

The state board through the department of education shall, in cooperation with tribes of the region including the Eastern Shoshone and Northern Arapaho Indian tribes, evaluate and review existing state social studies content and performance standards to ensure the cultural heritage, history and contemporary contributions of American Indians are addressed in the Wyoming social studies content and performance standards.
The department shall, in consultation with tribes of the region including the Eastern Shoshone and Northern Arapaho Indian tribes, make available materials and resources on the department’s official web site to assist school districts in meeting social studies benchmarks within Wyoming social studies content and performance standards relating to the study of American Indian tribes.

History. 2017 ch. 182, § 1, effective March 9, 2017.

Effective dates. —

Laws 2017, ch. 182, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2017.

Chapter 5 School District Organization [Repealed]

§§ 21-5-101 through 21-5-137. [Repealed.]

Repealed by Laws 1997, ch. 189, § 3.

Editor's notes. —

These sections, which derived from Laws 1969, ch. 111, §§ 105 through 135, and Laws 1977, ch. 181, § 1, related to the Wyoming School District Organization Law of 1969.

Chapter 6 School District Organization

Law reviews. —

For comment, “Equal Protection and the Financing of Public Education in Wyoming,” see VIII Land & Water L. Rev. 273 (1973).

Am. Jur. 2d, ALR and C.J.S. references. —

68 Am. Jur. 2d Schools §§ 15 to 50.

78 C.J.S. Schools and School Districts §§ 18 to 73.

Article 1. In General

§§ 21-6-101 through 21-6-115. [Repealed.]

Repealed by Laws 1997, ch. 189, § 3.

Editor's notes. —

These sections, which derived from Laws 1913, ch. 42, §§ 1 through 4 and 6, Laws 1921, ch. 133, § 3, and Laws 1969, ch. 111, §§ 142, 143, 146, and 149, related to the membership, duties, and authority of a district boundary board.

Article 2. District Boundary Board

Limitations of act. —

Laws 1997, ch. 189, § 4, provides: “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. This act is not intended to require the reorganization or adjustment of the boundaries of any current school district, but is to be construed to allow more streamlined and less cumbersome reorganization and boundary adjustments of school districts as specified in this act. Nothing in this act authorizes the operation of a non-unified school district other than those elementary school districts properly operating as of the effective date of this act. Nothing in this act authorizes the creation of any additional non-unified school districts.”

Am. Jur. 2d, ALR and C.J.S. references. —

68 Am. Jur. 2d Schools §§ 15 to 50.

78 C.J.S. Schools and School Districts § 389.

§ 21-6-201. Purpose.

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:
1. Provide an improved and more equalized educational opportunity for all of the pupils in the state;
2. 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;
3. 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
4. Simplify the organization, reorganization and adjustment of boundaries of school districts.
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.

History. Laws 1997, ch. 189, § 1.

Students are denied equal protection in the event the disparity of valuation becomes too great. — Johnson v. Schrader, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

§ 21-6-202. Definitions.

As used in this article:
1. “School district” includes unified school districts and elementary school districts pursuant to W.S. 21-3-102 ;
2. “State committee” means the state board of education;
3. “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;
4. “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.

History. Laws 1997, ch. 189, § 1; 2004, ch. 130, § 1; 2006, ch. 43, § 1.

The 2004 amendment, in (a)(i), substituted “pursuant to W.S. 21-3-102 ” for “authorized under W.S. 21-6-224 .”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2006 amendment, substituted “of education” for “and state superintendent” in (a)(ii).

Laws 2006, ch. 43, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2006.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Conflicting legislation. —

The state committee is in fact a board made up of the state superintendent of public instruction and the state board of education having both management and final authority to act. Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

§ 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.”

History. Laws 1997, ch. 189, § 1.

A county committee on school district reorganization must be presumed to know the law and the extent of the state committee's powers. Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972), modified, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

Its function is to prepare and submit plan. —

The function of the county committee is to prepare and submit a plan of organization for a unified school district or unified school districts within the county. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

§ 21-6-204. Quorum; majority vote.

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

History. Laws 1997, ch. 189, § 1.

§ 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.

History. Laws 1997, ch. 189, § 1.

§ 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.

History. Laws 1997, ch. 189, § 1.

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

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:
1. Alter and change the boundaries of any school district of any kind; or
2. Reorganize any school district or portions of districts; or
3. 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.
Except as provided in this subsection, all actions taken under this article shall conform to the following criteria:
1. School districts shall be organized as efficient administrative units considering primarily the education, convenience and welfare of the children;
2. Except as authorized in W.S. 21-6-223 , the entire state shall be divided into unified school districts;
3. All territory of each school district shall be contiguous;
4. 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);
5. 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;
6. Each proposal shall include provisions for educational opportunity and services as nearly equal as possible in all areas of each district;
7. 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.
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:
1. A name and number of the proposed district;
2. A map showing the boundaries of established school districts and the boundaries proposed;
3. A description of the proposed boundaries;
4. 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;
5. A summary of the reasons for the proposal;
6. A record of all hearings;
7. A summary of anticipated improvement in education; and
8. Other reports, records and materials as the district boundary board or the state committee deems appropriate.

History. Laws 1997, ch. 189, § 1.

A school district reorganization plan must show conformity to the statutory criteria of this section, and state the reasons the plan conforms not only in that particular, but in order to manifest full compliance with the entire Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

County plan meeting criteria should be accepted. —

If a county plan meets the criteria standards specified by this section, then and in that event it should be accepted and not rejected by the state committee; and if the rejection is without proper reason or authority, it is arbitrary and void. Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972), modified, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

Delegation of duties to boundary board is valid. —

While establishment of school districts and changes therein is legislative function under art. 7, § 1, Wyo. Const., legislative delegation of such duty to district boundary boards in each county is valid. Chicago, B. & Q. R.R. v. Byron Sch. Dist., 37 Wyo. 259, 260 P. 537, 1927 Wyo. LEXIS 82 (Wyo. 1927).

The boundary board merely proposes changes in boundaries. It does not actually effect changes. Board of Trustees v. District Boundary Bd., 489 P.2d 413, 1971 Wyo. LEXIS 253 (Wyo. 1971).

Proposals which board may make. —

The boundary board can propose to alter or change the boundaries of any school district (singular); it may propose to reorganize any such district (singular) or portions of districts; and it may propose to combine any such district (singular) or portion thereof, when such district or portion has less than eight pupils, with an adjoining school district or districts. Board of Trustees v. District Boundary Bd., 489 P.2d 413, 1971 Wyo. LEXIS 253 (Wyo. 1971).

Proposal for consolidation. —

There is no language in this section which authorizes the board to make recommendations for a consolidation of all school districts into a single unified district, unless all of the smaller districts which are combined with a larger one have less than eight pupils. Board of Trustees v. District Boundary Bd., 489 P.2d 413, 1971 Wyo. LEXIS 253 (Wyo. 1971).

§ 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.

History. Laws 1997, ch. 189, § 1.

For information regarding joining of unified school district with poorer district, and suggestions for equalization of ad valorem taxation for school purposes, see Sweetwater County Planning Comm. for Organization of School Dists. v. Hinkle, 491 P.2d 1234, 1971 Wyo. LEXIS 185 (Wyo. 1971).

§ 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.

History. Laws 1997, ch. 189, § 1.

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

The state committee shall:
1. Aid the district boundary boards in carrying out the powers and duties vested in and imposed upon those boards by this article, 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;
2. 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 .

History. Laws 1997, ch. 189, § 1; 2013 ch. 1, § 2, effective January 29, 2013.

The 2013 amendment, deleted “by furnishing assistance of the employed staff of the department,” after “boards by this article,” in (a)(i).

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

The state committee is a board made up of the state superintendent of public instruction and the state board of education having both management and final authority to act. Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

The state committee cannot levy taxes. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

The state committee is “out of the business” of originating plans. —

Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

No authority to set up separate Indian reservation school district. —

There is no authority in the state committee or any county committee to set up a separate Indian reservation school district. Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

State committee determines whether plan by county committee complies with law. —

The state committee determines whether the plan of organization submitted by the county committee complies with the School District Organization Law by conforming to the criteria and procedures specified in such law. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

§ 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 .

History. Laws 1997, ch. 189, § 1.

No authority to set up separate Indian reservation school district. —

State committee determines whether plan by county committee complies with law. —

The state committee can reject a county committee plan only if it fails to comply with the provisions of this chapter. Board of Trustees v. District Boundary Bd., 489 P.2d 413, 1971 Wyo. LEXIS 253 (Wyo. 1971).

State committee must have sufficient information to justify determination. —

The state reorganization committee, as an administrative agency, must have sufficient information before it to justify its determination that a county plan does not meet the necessary criteria requirements. Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972), modified, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

Otherwise its action must be considered arbitrary. Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972), modified, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

Rejection without proper reason or authority is void. —

If the state committee's rejection of a county plan is without proper reason or authority, it is arbitrary and void. Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972), modified, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

No law says a county has to be a single countywide school district. If the state committee made that determination and for that reason refused approval of a plan submitted by the county committee, it acted without authority and in excess of its power. Johnson v. Schrader, 502 P.2d 371, 1972 Wyo. LEXIS 311 (Wyo. 1972), modified, 507 P.2d 814, 1973 Wyo. LEXIS 145 (Wyo. 1973).

County committee can resubmit modified plan as often as necessary. —

No matter if a previous plan (or plans) of the county committee has been rejected, that committee can resubmit a modified plan as often as necessary, as long as the county committee continues in existence. Board of Trustees v. District Boundary Bd., 489 P.2d 413, 1971 Wyo. LEXIS 253 (Wyo. 1971).

Reviewing court not obligated to determine basis for ultimate fact. —

It is not an obligation of a reviewing court to dig into all of the detailed information gathered in the comprehensive studies made by the county committee, as well as the state committee, and determine the basis for an ultimate fact. Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo.), cert. denied, 423 U.S. 904, 96 S. Ct. 205, 46 L. Ed. 2d 134, 1975 U.S. LEXIS 3003 (U.S. 1975).

Efforts of county committee must have precedence over proposal. —

This section means that efforts of the county committee, which is defined as the county planning committee for the organization of school districts, must have precedence over proposals of the district boundary board on matters of school district organization. Board of Trustees v. District Boundary Bd., 489 P.2d 413, 1971 Wyo. LEXIS 253 (Wyo. 1971).

§ 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.

History. Laws 1997, ch. 189, § 1.

§ 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.

History. Laws 1997, ch. 189, § 1.

§ 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.

History. Laws 1997, ch. 189, § 1.

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

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.
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.

History. Laws 1997, ch. 189, § 1.

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

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.
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.

History. Laws 1997, ch. 189, § 1.

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

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.
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.

History. Laws 1997, ch. 189, § 1.

New district must prove share to which it was entitled. —

A new district formed from another district and suing the latter for a share of its funds under this section must show the share to which it was entitled at time of division. School Dist. v. School Dist., 29 Wyo. 80, 210 P. 562, 1922 Wyo. LEXIS 11 (Wyo. 1922).

Contract as to apportionment of funds is void. —

In action based on contract between old and new school district for apportionment of funds, contract was void and inadmissible as evidence, since action should have been brought under this section. School Dist. v. School Dist., 51 Wyo. 370, 67 P.2d 192, 71 P.2d 137, 1937 Wyo. LEXIS 25 (Wyo. 1937).

§ 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.

History. Laws 1997, ch. 189, § 1.

Legislature may provide for division of property and debts in reorganization. —

The legislature, having plenary power over school districts, may provide for the division of the property and the apportionment of debts in the reorganization of school districts. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

The indebtedness spread in the creation of a unified school district is not a new burden; no new debt is created; there is merely a division of one already existing. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

Component districts may be held liable to pay their proportionate share of existing debts. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

Debts must be allocated according to benefits. —

There must be a bona fide allocation of debts to any area according to benefits received by that area from additional assets being brought into the unification. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

Existing debts cannot automatically and arbitrarily be spread evenly over the entire area included in a unified school district. The fact that such was done in a county unification makes the allocation suspect. Lund v. Schrader, 492 P.2d 202, 1971 Wyo. LEXIS 277 (Wyo. 1971).

Contract as to apportionment is void. —

In action based on contract between old and new school district for apportionment of funds, contract was void and inadmissible as evidence, since action should have been brought under § 21-6-112.School Dist. v. School Dist., 51 Wyo. 370, 67 P.2d 192, 71 P.2d 137, 1937 Wyo. LEXIS 25 (Wyo. 1937).

Indebtedness as prerequisite. —

Apportionment of credits and indebtedness must be made in same manner in which indebtedness and credits are apportioned when county is divided, and as no apportionment can be made in case of division of counties except only when an indebtedness exists, the same condition must exist for an apportionment when a new school district is created out of old one. School Dist. v. School Dist., 51 Wyo. 370, 67 P.2d 192, 1937 Wyo. LEXIS 24 (Wyo.), vacated in part, 51 Wyo. 370, 67 P.2d 192, 1937 Wyo. LEXIS 25 (Wyo. 1937).

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

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.
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.

History. Laws 1997, ch. 189, § 1; 2013 ch. 1, § 2, effective January 29, 2013; 2015 ch. 30, § 1, effective February 25, 2015.

The 2013 amendment, substituted “director” for “state superintendent” throughout the section.

Laws 2013, ch. 1, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved January 29, 2013.

The 2015 amendment, substituted “state superintendent” for “director” in the (a) and (b).

Laws 2015, ch. 30, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2015.

2013 amendment unconstitutional. —

§ 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.

History. Laws 1997, ch. 189, § 1.

§ 21-6-221. School advisory boards.

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

History. Laws 1997, ch. 189, § 1.

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

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.
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.

History. Laws 1997, ch. 189, § 1.

§ 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.

History. Laws 1997, ch. 189, § 1.

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

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.
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.

History. Laws 1997, ch. 189, § 1.

Cross references. —

As to the Wyoming Administrative Procedure Act, see § 16-3-101(a), (b)(xi).

Law reviews. —

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

§ 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.

History. Laws 1997, ch. 189, § 1.

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

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:
1. Within ten (10) days after the effective date of formation; and
2. Annually, by a date determined by the department, if the school district has changes to its geographical boundaries in the preceding year.

History. Laws 2005, ch. 108, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Purpose of act. —

Laws 2005, ch. 108, § 3, provides: “It is the intent of this act to develop an accurate and comprehensive database of the property within each governmental entity in the state with the power to levy or to require the levy of property taxes within that governmental entity. Regardless of the date of formation, each governmental entity in the state with the power to levy or to require the levy of ad valorem taxes shall file a map or legal description designating the current geographical boundaries of the governmental entity with the department of revenue, the county assessor and the county clerk in the county or counties within which the entity is located in accordance with the department's rules regarding tax districts. Not later than August 1, 2005, the department shall notify each governmental entity subject to the provisions of this section of the entity's most recent filing with the department and whether that filing meets the requirements of this act. If a governmental entity subject to the provisions of this act has not met the requirements of this act, or if its most recent filing with the department is no longer accurate, it shall file not later than November 1, 2005 a map or other legal description of its current boundaries in accordance with this act and the department's rules on taxing districts. Thereafter, filings shall be made in accordance with the provisions of this act.”

Effective dates. —

Laws 2005, ch. 108, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

Chapter 7 Teachers and Employees

Cross references. —

As to powers of boards of trustees of school districts with respect to employing and discharging teachers and others, see § 21-3-111 .

As to status of students of teaching assigned to field experience, see § 21-21-104 .

As to social security for school officers and employees, see § 9-3-301 et seq.

As to retirement of state employees and teachers, see § 9-3-401 et seq.

As to duties of teachers with respect to fire drills, see § 35-9-505 .

Law reviews. —

For article, “The Wyoming Education Code of 1969,” see V Land & Water L. Rev. 531 (1970).

For Article, “Teacher Tenure Reform in Wyoming: Bad Teachers Left Behind”, see15 Wyo. L. Rev. 45 (2015).

Am. Jur. 2d, ALR and C.J.S. references. —

See 68 Am. Jur. 2d Schools §§ 134 to 237.

Services included in computing period of service for purpose of teacher's seniority, 2 ALR2d 1033.

Validity of governmental requirement of oath of allegiance or loyalty as applied to school teachers, 18 ALR2d 268.

Wearing of religious garb by public school teachers, 60 ALR2d 300.

Bargainable or negotiable issues in state public employment labor relations, 84 ALR3d 242.

Validity and construction of statutes, ordinances or regulations requiring competency tests of school teachers, 64 ALR4th 642.

Validity, construction and effect of municipal residency requirements for teachers, principals and other school employees, 75 ALR4th 272.

Racial discrimination in the hiring, retention, and assignment of teachers — federal cases, 3 ALR Fed 325.

Application of Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.) to sex discrimination in educational employment, 54 ALR Fed 522.

Right of action under Title IX of Education Amendments Act of 1972 (20 USC § 1681 et seq.) against school or school district for sexual harassment of student by student's peer, 141 ALR Fed 407.

What constitutes reverse or majority race or national origin discrimination violative of federal constitution or statutes — private employment cases 150 ALR Fed 1.

78 C.J.S. Schools and School Districts §§ 191 to 355.

Article 1. Teacher Contracts

§ 21-7-101. Short title.

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

History. Laws 1967, ch. 182, § 1; W.S. 1957, § 21-272.1; Laws 1969, ch. 111, § 151; Rev. W.S. 1957, § 21.1-151.

Principal of a school was not granted tenure by this article and the school district was not prevented from refusing to renew his contract as a principal. Spurlock v. Board of Trustees, 699 P.2d 270, 1985 Wyo. LEXIS 478 (Wyo. 1985).

Cited in

Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972); O'Melia v. Sweetwater County Sch. Dist., 497 P.2d 540, 1972 Wyo. LEXIS 251 (Wyo. 1972); Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 ALR4th 260.

§ 21-7-102. Definitions.

As used in this article the following definitions shall apply:
1. “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);
2. “Continuing Contract Teacher” means:
  1. 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
  2. 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.
3. “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;
4. “Initial Contract Teacher”. — Any teacher who has not achieved continuing contract status;
5. “Superintendent”. — The chief administrative officer of any school district;
6. “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:
  1. By the superintendent “with pay” pending:
    1. The investigation of an allegation of misconduct which investigation shall not exceed thirty (30) days; and
    2. 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 .
  2. 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 .
7. “Teacher”. — Any person employed under contract by the board of trustees of a school district as a certified professional employee;
8. “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;
9. Repealed by Laws 2011, ch. 182, § 2.

History. Laws 1967, ch. 182, § 3; W.S. 1957, § 21-272.3; Laws 1969, ch. 111, § 152; Rev. W.S. 1957, § 21.1-152; Laws 1973, ch. 84, § 1; 1998, ch. 22, § 1; 2011, ch. 182, §§ 1, 2; 2012, ch. 101, § 1; 2013 ch. 167, § 1, effective March 13, 2013; 2015 ch. 179, § 2, effective March 9, 2015; 2019 ch. 84, § 1, effective July 1, 2019.

The 2011 amendment, effective July 1, 2012, in the introductory language of (a), substituted “this” for “the”; in (a)(ii)(A) and (a)(ii)(B), added “has performed satisfactorily on performance evaluations implemented by the district under W.S. 21-3-110(a)(xvii) during this period of time” or variant; rewrote (a)(vi), modifying the definition of suspension with or without pay; and repealed former (a)(ix), which read: “ ‘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 .”

The 2012 amendment, effective July 1, 2012, in (a)(ii)(A), deleted “has performed satisfactorily on performance evaluations implemented by the district under W.S. 21-3-110(a)(xvii) during this period of time and” following “three (3) consecutive school years” and added “and, beginning school year 2013-2014 and each school year thereafter, has performed satisfactorily on performance evaluations implemented by the district under W.S. 21-3-110(a)(xvii) during this period of time”; and inserted “beginning school year 2013-2014 and each school year thereafter” in (a)(ii)(B).

The 2013 amendment, substituted “2016-2017” for “2013-2014” in (a)(ii)(A) and (B).

The 2015 amendment, in (a)(ii)(A) and (B) substituted “2019-2020” for “2016-2017.”

The 2019 amendment, effective July 1, 2019, in (a)(ii), added "means," in (a)(ii)(A), deleted "and, beginning school year 2019-2020 and each school year thereafter, has performed satisfactorily on performance evaluations implemented by the district under W.S. 21-3-110(a)(xvii) during this period of time," in (a)(ii)(B), deleted "and, beginning school year 2019-2020 and each school year thereafter, has performed satisfactorily on performance evaluations conducted by both districts under W.S. 21-3-110(a)(xvii) during this period of time," and made related changes.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

This article gives tenure to a continuing contract teacher. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971).

Reference in subsection (a)(ii) to normally conceived function of teaching, as opposed to supervising, is unmistakable. Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Tenure of tenured teacher not lost when he becomes principal. —

A school employee who became tenured as a teacher pursuant to this article did not lose his tenure when he became a principal. Accordingly, he had to be afforded procedural and evidentiary standards incidental to a tenured classroom teacher position before he could be discharged from his position as a classroom teacher. Spurlock v. Board of Trustees, 699 P.2d 270, 1985 Wyo. LEXIS 478 (Wyo. 1985).

Common meaning of “teacher” is present in subsection (a)(vii). Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Borman v. Sweetwater County Sch. Dist., 627 P.2d 1364, 1981 Wyo. LEXIS 337 (Wyo. 1981).

Initial contract teacher has no right to reasons or hearing before termination. —

An initial contract teacher has no statutory right to either a statement of reasons or to a hearing before the decision not to rehire him for another year. Schmidt v. Fremont County School Dist., 406 F. Supp. 781, 1976 U.S. Dist. LEXIS 17079 (D. Wyo. 1976), aff'd, 558 F.2d 982, 1977 U.S. App. LEXIS 12285 (10th Cir. Wyo. 1977).

And thus has no property interest as contract principal. —

An initial contract teacher does not have a claim, entitlement or reasonable expectation of reemployment and therefore has no property interest under state law or otherwise as an initial contract principal. Schmidt v. Fremont County School Dist., 406 F. Supp. 781, 1976 U.S. Dist. LEXIS 17079 (D. Wyo. 1976), aff'd, 558 F.2d 982, 1977 U.S. App. LEXIS 12285 (10th Cir. Wyo. 1977); Roberts v. Lincoln County Sch. Dist., 676 P.2d 577, 1984 Wyo. LEXIS 260 (Wyo. 1984).

Initial contract teacher must prove termination resulted from exercise of free speech. —

While a nontenured teacher or a principal may not be terminated from employment for exercising constitutional rights of free speech, such person has the burden of proving that it was the exercise of such rights rather than other causes which resulted in his termination. Schmidt v. Fremont County School Dist., 406 F. Supp. 781, 1976 U.S. Dist. LEXIS 17079 (D. Wyo. 1976), aff'd, 558 F.2d 982, 1977 U.S. App. LEXIS 12285 (10th Cir. Wyo. 1977).

School superintendent does not fall within definition of “teacher,” set forth in subsection (a)(vii). Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Thus, superintendent not entitled to tenure under Teacher Employment Law. —

A superintendent of a school district is not entitled to tenure under the Wyoming Teacher Employment Law and, therefore, is not a person aggrieved by the board's decision thereunder to terminate his employment. Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Guidance counselor not a teacher. —

In a certificated guidance counselor's wrongful termination suit, summary judgment in favor of the school district was proper as the counselor was not a teacher within the meaning of the Wyoming Teacher Employment Law, Wyo. Stat. Ann. §§ 21-1-101 to 21-1-114, and was therefore not entitled to its protections. Luhm v. Bd. of Trs., 2009 WY 63, 206 P.3d 1290, 2009 Wyo. LEXIS 60 (Wyo. 2009).

Applied in

Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Quoted in

Bertot v. School Dist., 522 F.2d 1171, 1975 U.S. App. LEXIS 13689 (10th Cir. 1975); McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981); Leonard v. Converse County Sch. Dist. No. 2, 788 P.2d 1119, 1990 Wyo. LEXIS 26 (Wyo. 1990); Forbis v. Fremont County Sch. Dist. No. 38, 842 P.2d 1063, 1992 Wyo. LEXIS 179 (Wyo. 1992).

Cited in

Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976); Schmidt v. Fremont County School Dist., 558 F.2d 982, 1977 U.S. App. LEXIS 12285 (10th Cir. 1977); Laramie Cnty. Sch. Dist. No. One ex rel. Bd. of Trs. v. Kinstler, 2015 WY 143, 2015 Wyo. LEXIS 159 (Nov. 12, 2015).

Law reviews. —

For case note, “Constitutional Law — Residency Restrictions Upon Teachers' Right of Travel. O'Melia v. Sweetwater County Sch. Dist., 497 P.2d 540, 1972 Wyo. LEXIS 251 (Wyo. 1972),” see VIII Land & Water L. Rev. 329 (1973).

Am. Jur. 2d, ALR and C.J.S. references. —

Who is “teacher” for purposes of tenure statute, 94 ALR3d 141.

§ 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.

History. Laws 1969, ch. 111, § 153; W.S. 1957, § 21.1-153.

Am. Jur. 2d, ALR and C.J.S. references. —

Services included in computing period of service for purpose of teachers' seniority, salary, tenure, or retirement benefits, 56 ALR5th 493.

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

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.
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).

History. Laws 1967, ch. 182, § 4; W.S. 1957, § 21.272.4; Laws 1969, ch. 111, § 154; Rev. W.S. 1957, § 21.1-154; Laws 1997, Sp. Sess., ch. 3, § 506; 2001, ch. 123, § 1; 2011, ch. 182, § 1; 2019 ch. 84, § 1, effective July 1, 2019.

The 2011 amendment, effective July 1, 2012, in (a), added “Subject to satisfactory performance evaluation under W.S. 21-3-110(a)(xviii).”

The 2019 amendment, effective July 1, 2019, in (a), deleted “Subject to satisfactory performance evaluation under W.S. 21-3-110(a)(xviii).”

The very purpose of tenure and continuing contract laws is to give recognition to a constitutionally protectible interest. This type of statute gives teachers a certain degree of security in their positions and guarantees freedom to teach by protecting them from removal on unfounded charges. O'Melia v. Sweetwater County Sch. Dist., 497 P.2d 540, 1972 Wyo. LEXIS 251 (Wyo. 1972); Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976); Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

Continuing contract teacher has reasonable expectation of continued employment. —

Absent good cause to the contrary a continuing contract teacher has a reasonable expectation of continued employment. O'Melia v. Sweetwater County Sch. Dist., 497 P.2d 540, 1972 Wyo. LEXIS 251 (Wyo. 1972); Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

When discharge of continuing contract teacher lawful. —

A discharge of a continuing contract teacher is lawful only if substantial evidence shows the existence of good cause, and the teacher is given a hearing by an impartial board as required by the Administrative Procedure Act. Simineo v. School Dist., 594 F.2d 1353, 1979 U.S. App. LEXIS 16044 (10th Cir. Wyo. 1979).

Variance from negotiated salary schedule. —

Applied in

Bertot v. School Dist., 522 F.2d 1171, 1975 U.S. App. LEXIS 13689 (10th Cir. 1975).

Quoted in

Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971); McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981).

Stated in

Roberts v. Lincoln County School Dist. Number One, 676 P.2d 577, 1984 Wyo. LEXIS 260 (Wyo. 1984).

Cited in

Abell v. Dewey, 870 P.2d 363, 1994 Wyo. LEXIS 32 (Wyo. 1994).

Law reviews. —

For Article, “Teacher Tenure Reform in Wyoming: Bad Teachers Left Behind”, see15 Wyo. L. Rev. 45 (2015).

Am. Jur. 2d, ALR and C.J.S. references. —

Who is “teacher” for purposes of tenure statute, 94 ALR3d 141.

§ 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.

History. Laws 1969, ch. 111, § 155; W.S. 1957, § 21.1-155; Laws 1987, ch. 141, § 1; 1993, ch. 219, § 1.

Purpose of statutory notice of termination prior to March 15 of the school year is to give the teacher time to seek employment elsewhere in the next school year. Borman v. Sweetwater County Sch. Dist., 627 P.2d 1364, 1981 Wyo. LEXIS 337 (Wyo. 1981).

No statutory provision supports the contention that an initial contract teacher has an expectation of reemployment. O'Melia v. Sweetwater County Sch. Dist., 497 P.2d 540, 1972 Wyo. LEXIS 251 (Wyo. 1972); Borman v. Sweetwater County Sch. Dist., 627 P.2d 1364, 1981 Wyo. LEXIS 337 (Wyo. 1981).

Nor does he have formal contractual provision for reemployment. —

Initial contract teachers work under no statutory or formal contractual provision indicating any expectation of reemployment. Bertot v. School Dist., 522 F.2d 1171, 1975 U.S. App. LEXIS 13689 (10th Cir. Wyo. 1975).

Evaluation policy, rules, inapplicable to untenured teachers. —

As is implied covenant, public policy. —

He has no right to reasons or hearing before termination. —

Unless he can show deprivation of liberty or property. —

The United States constitution does not require a hearing before nonrenewal of a nontenured teacher's contract, unless he can show that he was deprived of an interest in “liberty” or that he had a “property” interest in continued employment, despite the lack of tenure. Bertot v. School Dist., 522 F.2d 1171, 1975 U.S. App. LEXIS 13689 (10th Cir. Wyo. 1975).

But he has no property interest under state law. —

And has burden of proving termination resulted from exercise of free speech. —

Contract teacher not given constitutionally protected property right by regulations establishing evaluative policies. —

Regulations establishing evaluative policies primarily to benefit the school district in performing its operational and supervisory duties do not give initial contract teachers a constitutionally protected property right in the renewal of the teacher's contract. Roberts v. Lincoln County Sch. Dist., 676 P.2d 577, 1984 Wyo. LEXIS 260 (Wyo. 1984).

Notice of termination may be included in contract. —

Specific notice of the year-end termination, sufficient for this section, may be provided in a one-year contract of employment. Borman v. Sweetwater County Sch. Dist., 627 P.2d 1364, 1981 Wyo. LEXIS 337 (Wyo. 1981).

Insufficient showing of property interest in reemployment in initial contract teachers for jury issue. —

See Bertot v. School Dist., 522 F.2d 1171, 1975 U.S. App. LEXIS 13689 (10th Cir. Wyo. 1975).

Quoted in

McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981).

Am. Jur. 2d, ALR and C.J.S. references. —

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 ALR4th 301.

Right to unemployment compensation or social security benefits of teacher or other school employee, 33 ALR5th 643.

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

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 .
If ordered by the board under W.S. 21-7-110(g), termination under recommendation shall be effective at the end of the school year in the year in which notice of termination is given.

History. Laws 1967, ch. 182, § 5; W.S. 1957, § 21-272.5; Laws 1969, ch. 111, § 156; Rev. W.S. 1957, § 21.1-156; Laws 1987, ch. 141, § 1; 1993, ch. 219, § 1; 2011, ch. 182, § 1.

The 2011 amendment, effective July 1, 2012, in (a), added “through the office of administrative hearings.”

Editor’s notes. —

The following case notes that relate to a hearing on recommendation of termination are from cases decided under former § 21-7-108 .

Construction. —

Phrase “notice of termination” refers to the notice of recommendation of termination, not to some final document issued by a board of trustees after reviewing a hearing officer's suggested disposition of the case. Therefore, a teacher was not entitled to compensation following the end of the 2011-12 school year after he was not reemployed because the term “notice of termination” did not mean something other than notice of recommendation of termination; the terms were used interchangeable to designate a single document. Laramie Cnty. Sch. Dist. No. One ex rel. Bd. of Trs. v. Kinstler, 2015 WY 143, 361 P.3d 819, 2015 Wyo. LEXIS 159 (Wyo. 2015).

Failure to grant motion for more definite statement held error. —

Where a school board charged a teacher with having a conflicting philosophy on teaching methods and procedures and an inability to work harmoniously with the administration and the board, notice given the teacher was inadequate, and the school board's failure to grant his timely motion for a more definite statement constituted an abuse of discretion amounting to error. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Hearing requirement is for continuing contract teachers only. —

The only requirement of a hearing on a recommendation of termination is for continuing contract teachers, not initial contract teachers. Bertot v. School Dist., 522 F.2d 1171, 1975 U.S. App. LEXIS 13689 (10th Cir. Wyo. 1975).

Procedure for termination is not spelled out. —

Section 21-7-110 sets out specific provisions, in a dismissal case, as to procedure. There is no comparable procedure statute for a termination case. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971) (but see Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983), annotated below).

Board cannot terminate at will. —

Although the legislature did not spell out any grounds for termination, this does not mean that there need not be grounds or cause for termination, and that the board can terminate at will without regard to grounds. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971).

Applicability of § 21-7-110 . —

Section 21-7-110 applies to termination as well as dismissal and suspension cases. Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Initial board decision based on superintendent's investigation. —

Neither constitutional due process nor statutory requirements of an impartial hearing mandate the disqualification of the entire board as a result of the board's having considered the results of the superintendent's investigation and reached an initial decision, since mere familiarity with the facts of a case gained by an agency in the performance of its statutory role does not disqualify a decision maker and, based upon the additional information afforded by the adversary-type hearing, the board is free to reverse or affirm its earlier decision. Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

The contract teacher may not be deprived of employment contract renewal without cause. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Which must be shown by substantial evidence before board. —

A hearing on termination of a continuing contract teacher involves the question of whether there is good cause for termination. There must not only be good cause but there must be substantial evidence before the board to show that there is good cause. Absent either, a decision on the part of the board to terminate will be arbitrary. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971); Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

Cause may not be found in a constitutionally protected reason. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Even if teacher is nontenured. —

Even nontenured teachers cannot be dismissed for exercising constitutional rights. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

A teacher has the right to criticize his or her employers. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

And utterances of teacher in behalf of his union activities are protected by the United States and Wyoming constitutions. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Where there was no proof that the statements made by a teacher in pursuit of his union activities were made “with knowledge of their falsity or with reckless disregard for their truth or falsity” and there was no proof that his published statements have impeded the performance of his teaching duties or in any way disrupted the functions of the school, the criticized publications furnished no cause or grounds for failure to renew the teacher's employment contract. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Nonrenewal based partly on protected activity. —

Nonrenewal of a teacher's contract based in part on a protected activity and in part upon an unprotected activity is not a proper decision. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

It is not imperative that a teacher prove that the sole reason for his failure to have his contract renewed was his participation in constitutionally protected activities. If his penalty was imposed by the board for “even partially” being “in retaliation” for his exercise of a protected right such as freedom of speech, he is entitled to relief. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Inquiry into bias of board members necessary for fair hearing. —

It was a denial of a teacher's right to a fair and impartial hearing for him to have been denied inquiry as on voir dire of the board to ascertain the absence or presence of bias or prejudice of the members. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Voir dire inquiry established individual board members' fairness and impartiality. —

See Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Participation of board's attorney held to deny fair hearing. —

Where a school board designated its attorney to act as presiding officer at the hearing of a continuing contract teacher's termination case, and where the school board's attorney drew up and executed the statement of reasons for termination; acted as prosecutor; acted as the hearing officer; ruled on objections; argued with opposing counsel on opposing counsel's objections; interrogated witnesses; made objections and then made rulings on his own objections; sat with the board when they made their final decision; made public statements to the patrons in the audience as to the reasons why it was necessary to have the hearing at all; and cross-examined witnesses in behalf of the school board, the teacher was not afforded a fair and impartial hearing. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971).

Evidence insufficient to support conclusions of cause to terminate teacher's contract. —

See Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Termination of facilitator's contract. —

Ability to lead staff and communicate effectively with staff and other educators were essential attributes for performance of educational resource center facilitator position, so that demonstrated absence of these abilities was good cause for termination of facilitator's contract. Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Position description furnished to facilitator, which emphasized that the facilitator was expected to impart his knowledge and provide direction to those with whom he works in a manner susceptible of being understood, provided a sufficiently clear standard of conduct. Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Quoted in

McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981); Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Stated in

Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972).

Cited in

Kahrs v. Board of Trustees for Platte County Sch. Dist. No. 1, 901 P.2d 404, 1995 Wyo. LEXIS 152 (Wyo. 1995); Lippincott v. Board of Trustees, 2000 Wyo. LEXIS 98 , 3 P.3d 861 (Wyo. 2000).

Law reviews. —

For comment on Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976), see XII Land & Water L. Rev. 327 (1977).

Am. Jur. 2d, ALR and C.J.S. references. —

Sufficiency of request for hearing under statute requiring hearing on request before discharge, 89 ALR2d 1018.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 ALR4th 301.

§ 21-7-107. Resignation of teachers.

Any teacher may resign his position, effective at the end of the school year, by giving written notice on or before May 15 of any year, to the superintendent of schools or any other designated official, of his desire not to be employed by the school district for the following year.

History. Laws 1967, ch. 182, § 6; W.S. 1957, § 21-272.6; Laws 1969, ch. 111, § 157; Rev. W.S. 1957, § 21.1-157; Laws 1987, ch. 141, § 1.

Quoted in

McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981).

Cited in

Lippincott v. Board of Trustees, 2000 Wyo. LEXIS 98 , 3 P.3d 861 (Wyo. 2000).

Am. Jur. 2d, ALR and C.J.S. references. —

Termination of teacher's tenure status by resignation, 9 ALR4th 729.

§ 21-7-108. [Repealed.]

Repealed by Laws 1993, ch. 219, § 2.

Editor's notes. —

This section, which derived from Laws 1967, ch. 182, § 7, related to a hearing on recommendation of termination. For present provisions relating to a hearing upon a recommendation of termination, see § 21-7-106 (a).

§ 21-7-109. When contract offered to and accepted by initial contract teacher.

The board must offer a contract for the ensuing year to each initial contract teacher if such is to be offered by April 15, and it must be accepted by May 15 of each year or the position will be declared open.

History. Laws 1967, ch. 182, § 8; W.S. 1957, § 21-272.8; Laws 1969, ch. 111, § 159; Rev. W.S. 1957, § 21.1-159; Laws 1987, ch. 141, § 1.

Where termination of initial contract resulted by operation of law under this section the school board's abstaining votes on a motion to award a contract thereafter were of no consequence with respect to the teacher's previously terminated employment status. Forbis v. Fremont County Sch. Dist., 842 P.2d 1063, 1992 Wyo. LEXIS 179 (Wyo. 1992).

§ 21-7-110. Suspension or dismissal of teachers; notice; hearing; independent hearing officer; board review and decision; appeal.

The board may suspend or dismiss any teacher, or terminate any continuing contract teacher, for any of the following reasons:
1. Incompetency;
2. Neglect of duty;
3. Immorality including, without limitation, engaging in conduct with a student which would be a violation of W.S. 6-2-314 through 6-2-318 , 12-6-101(a) or 35-7-1036 ;
4. Insubordination;
5. Physical incapacity to perform job duties even with reasonable accommodation;
6. Failure to perform duties in a satisfactory manner;
7. Repealed by Laws 2019, ch. 84, § 2.
8. Conviction of a felony; and
9. Any other good or just cause relating to the educational process.
Suspension or dismissal proceedings shall be initiated 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 delivering to the teacher a written notice of suspension or dismissal, together with written reasons.
Any continuing contract teacher receiving notice of a recommendation of termination under W.S. 21-7-106(a), or any teacher against whom dismissal or suspension proceedings are instituted, is entitled to a hearing before an independent hearing officer provided through the office of administrative hearings on the recommendation for termination or the reasons for dismissal or suspension, upon submission of a written request to the superintendent. The request for hearing shall be given within seven (7) days after receipt of notice of termination under W.S. 21-7-106(a) or after receiving notice of dismissal or suspension under subsection (b) of this section. Expenses of the hearing officer shall be paid by the school district in accordance with W.S. 9-2-2202(b)(ii).
Within five (5) days after selection, the hearing officer shall set the date for hearing and notify the teacher and superintendent of the hearing date, time and location. In no event shall the hearing commence on a date later than forty-five (45) days after notice under W.S. 21-7-106(a) or subsection (b) of this section, as applicable. The hearing shall be conducted in accordance with contested case procedures specified under W.S. 9-2-2202(b). All school district records pertaining to the teacher shall be made available to the hearing officer.
At the hearing, the superintendent shall have the burden of proving that the recommendation for termination is based upon reasons provided in the notice of termination submitted pursuant to W.S. 21-7-106(a) or that suspension or dismissal is based upon reasons specified in the notice given under subsection (b) of this section, as applicable.
Repealed by Laws 2011, ch. 182, § 2.
The board shall review the findings of fact and recommendation submitted by the hearing officer and within twenty (20) days after receipt, issue a written order to either terminate, suspend or dismiss the teacher, or to retain the teacher. If the board terminates, suspends or dismisses the teacher’s employment over a recommendation by the hearing officer for retention, the written order of the board shall include a conclusion together with reasons supported by the record. A copy of the order shall be provided to the teacher and a copy shall be entered into the school district records pertaining to the teacher. Any action by the board pursuant to this subsection shall be approved by a majority of the duly elected members of the board.
Appeals may be taken from the order of the board to the district court as provided by the Wyoming Administrative Procedure Act. An electronic recording of hearing proceedings may serve as the official transcript but upon appeal, the district court may request a written transcript of the proceedings or any portion of the proceedings. The cost of transcribing the record shall be borne equally by the teacher and the school district.

History. Laws 1967, ch. 182, § 9; W.S. 1957, § 21-272.9; Laws 1969, ch. 111, § 160; Rev. W.S. 1957, § 21.1-160; 1993, ch. 219, § 1; 2011, ch. 182, §§ 1, 2; 2012, ch. 101, § 1; 2013 ch. 167, § 1, effective March 13, 2013; 2015 ch. 179, § 2, effective March 9, 2015; 2019 ch. 84, § 2, effective July 1, 2019.

The 2011 amendment, effective July 1, 2012, in (a), made stylistic changes, in (a)(iii), added “including, without limitation, engaging in conduct with a student which would be a violation of W.S. 6-2-314 through 6-2-318 , 12-6-101(a) or 35-7-1036 ,”added (a)(v) through (a)(ix); in (c), substituted “provided through the office of administrative hearings on the recommendation for termination” for “on the recommendation,” and substituted the present last sentence for the former third through last sentences which read: “The independent hearing officer shall insofar as possible, be impartial, experienced in education, labor and employment matters and in the conduct of hearings. Within five (5) days following receipt of the hearing request, the superintendent and the teacher shall jointly select a hearing officer. If they fail to agree upon selection, the district judge of the judicial district in which the school district is located shall upon request select a hearing officer. Expenses of the hearing officer shall be paid equally by the school district and the teacher”; in (d), substituted “contested case procedures under W.S. 9-2-2202(b)” for “the Wyoming Administrative Procedure Act and the hearing officer may accordingly receive or reject evidence and testimony, administer oaths and if necessary, subpoena witnesses”; in (e), deleted “the teacher has the right to appear in person with or without counsel, to be heard, to present testimony or witnesses and all evidence bearing upon proposed termination, dismissal or suspension and to cross-examine witnesses” after “At the hearing”; and repealed former (f), which read: “The hearing officer shall review the evidence and testimony, render written findings of fact and recommend the teacher be terminated, suspended or dismissed, or that the teacher be retained. The findings and recommendations shall be forwarded to the teacher, the superintendent and members of the board within twenty (20) days following conclusion of the hearing.”

The 2012 amendment, effective July 1, 2012, inserted “Beginning school year 2013-2014 and each school year thereafter” in (a)(vii).

The 2013 amendment, in (a)(vii), substituted “2016-2017” for “2013-2014,” deleted “annual” before “performance evaluation,” and added “for at least two (2) consecutive years.”

The 2015 amendment, in (a)(vii) substituted “2019-2020” for “2016-2017.”

The 2019 amendment, effective July 1, 2019, repealed former (a)(vii), which read: "Beginning school year 2019-2020 and each school year thereafter, inadequate performance as determined through performance evaluation tied to student academic growth for at least two (2) consecutive years completed in accordance with W.S. 21-3-110(a)(xvii) through (xix)."

Wyoming Administrative Procedures Act. —

See § 16-3-101(a), (b)(xi).

Good or just cause to dismiss teacher.—

Board of trustees for a school district had before it substantial evidence of good or just cause relating to the educational process to dismiss a teacher because the teacher disciplined a student—who also happened to be the teacher’s child—by pulling and pushing the student in violation of the school district’s policies and standards, the incident bore a relationship to the teacher’s abilities as a teacher and substantially interfered with the orderly operation of the school, and progressive discipline was not required. Mirich v. State ex rel. Bd. of Trs., 2021 WY 32, 481 P.3d 627, 2021 Wyo. LEXIS 39 (Wyo. 2021).

Construction. —

Board's review of the hearing officer's decision. —

Although a school board's decision terminating a teacher was required to be based on consideration of the entire record received by a hearing officer, pursuant to Wyo. Stat. Ann. § 16-3-109 and Wyo. Stat. Ann. § 21-7-110 , there was no statutory or due process requirement that the school board personally and independently review the evidentiary record. Wadsworth v. Bd. of Trs. Sch. Dist. No. Two, 2014 WY 7, 316 P.3d 541, 2014 Wyo. LEXIS 6 (Wyo. 2014).

Applicability of section to termination cases. —

This section applies to termination as well as dismissal and suspension cases. Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Rights and interests to be considered in the process of removing teacher. —

See Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

Guidelines for determining incompetency need not be fixed and published. —

The legislature has not prescribed guidelines for determination of incompetency, and has not required school boards to fix and make known a set of guidelines before it can make a finding of incompetency. Courts will not impose such a requirement. Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972).

“Insubordination” defined. —

Insubordination is a constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority. Board of Trustees v. Colwell, 611 P.2d 427, 1980 Wyo. LEXIS 267 (Wyo. 1980).

Willful refusal to obey rules. —

“Insubordination” includes willful refusal of teacher to obey reasonable rules and regulations, with emphasis on the presence of a persistent course of willful defiance. Board of Trustees v. Holso, 584 P.2d 1009, 1978 Wyo. LEXIS 228 (Wyo.), reh'g denied, 587 P.2d 203, 1978 Wyo. LEXIS 245 (Wyo. 1978); Board of Trustees v. Colwell, 611 P.2d 427, 1980 Wyo. LEXIS 267 (Wyo. 1980).

“Good cause” cannot be just any reason that the board deems sufficient for the discharge of the teacher. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

It must bear reasonable relationship to teacher's fitness. —

Not only must there be “good cause” and substantial evidence in support of a charge against a teacher, but in order for the facts to sustain such a charge they must bear reasonable relationship to the teacher's fitness or capacity to perform his duties in that position. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

The “good cause” to which this section refers assumes facts which bear a relationship to the teacher's ability and fitness to teach and discharge the duties of his or her position. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

A failure to establish rapport with the students, by and of itself, is not “a good or just cause” as required by this section as a matter of law. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

A general charge of “inability to establish rapport with his students,” unsupported by definition and specific facts going straight to the charge, is insufficient, standing alone, to constitute “other good or just cause” under this section, or the good cause which is necessary to insulate the order of termination or dismissal against capriciousness and arbitrariness. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

This section sets out specific provisions, in a dismissal case, as to procedure. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971).

But there is no comparable procedure statute for a termination case. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971) (but see Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983), annotated above).

Board members may be disqualified if unbiased majority remains. —

Notwithstanding that the school board is the designated hearing body, it requires only a majority of the board to act in a hearing to suspend or dismiss teachers. If an unbiased majority remains after some board members have been disqualified, the rule of necessity, which has been said to stand for the proposition that the board or its members may not be disqualified because it is the only tribunal with jurisdiction to hold the hearing, does not apply. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Teacher may not be found guilty of deficiency not charged. —

Where the only student-disciplinary issue of which a teacher was notified was a failure to follow the school board's policy with respect to discipline and, the board having made no finding concerning this charge, thereby leaving him to be presumed innocent thereof, the teacher may not later be found guilty of a student-disciplinary deficiency (unable to control conduct), with which he had not been charged. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

Evidence of incompetency. —

In dismissing a continuing contract teacher for incompetency a school board may rely upon evaluations made by administrators, who are hired for purposes such as evaluating the work of teachers and administering school systems in general. Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972).

It is within the prerogative of the trier of fact to decide what evidence is most dependable. Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972).

A witness' unsworn statement inconsistent with testimony given in a hearing only affects credibility of the witness. The sworn testimony of the principal which was given to the school board was competent and the board was entitled to believe him if it chose to do so despite the fact that the principal had previously recommended the allegedly incompetent teacher for employment elsewhere. Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972).

Instruction given on theory that school teacher could not be discharged, except pursuant to procedure in former statute, was prejudicial. Baird v. School Dist., 41 Wyo. 451, 287 P. 308, 1930 Wyo. LEXIS 23 (Wyo. 1930).

Principal not properly discharged from position as classroom teacher. —

Inasmuch as the original notice to a school principal was insufficient to advise him of the standard rule or regulation he was alleged to have violated, and inasmuch as the hearing was not in reference to his classroom teacher tenured status, and inasmuch as there was not substantial evidence presented at the hearing to reflect “good or just cause” for his discharge as a classroom teacher — the evidence related to a five to 15 minute argument between the principal and two teachers during which accusations were exchanged, with the principal standing in the only exit to the room — the principal was not properly discharged from his position as classroom teacher. Spurlock v. Board of Trustees, 699 P.2d 270, 1985 Wyo. LEXIS 478 (Wyo. 1985).

Stated in

Roberts v. Lincoln County School Dist. Number One, 676 P.2d 577, 1984 Wyo. LEXIS 260 (Wyo. 1984).

Cited in

Kahrs v. Board of Trustees for Platte County Sch. Dist. No. 1, 901 P.2d 404, 1995 Wyo. LEXIS 152 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Dismissal or rejection of public school teacher because of disloyalty, 27 ALR2d 487.

Assertion of immunity as ground for discharge of teacher, 44 ALR2d 789.

What constitutes “incompetency” or “inefficiency” as a ground for dismissal or demotion of public school teacher, 4 ALR3d 1090.

Use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher's certificate, 47 ALR3d 754.

Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 ALR3d 19.

What constitutes “insubordination” as ground for dismissal of public school teacher, 78 ALR3d 83.

Dismissal of public school teacher because of unauthorized absence or tardiness, 78 ALR3d 117.

Public school teacher's self-defense, or defense of another, as justification, in dismissal proceedings, for use or threat of use of force against student, 37 ALR4th 842.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 ALR4th 301.

§ 21-7-111. Inapplicability of provisions.

Nothing in this article shall prohibit:
1. The transfer of a teacher within a school system to a position of equal or greater salary;
2. The retirement of a teacher in accordance with an established policy of retirement;
3. The reduction of a salary of a teacher as part of a general salary reduction applicable to at least fifty percent (50%) of the teachers employed by a school district;
4. The termination of the contract of a teacher at the end of current school year because of a decrease in the size of faculty due to decreased enrollment, combining of school districts or an event beyond the control of the board if notice of termination is given pursuant to W.S. 21-7-105 and 21-7-106(a) except the request for a hearing does not apply;
5. The termination of extra services or duties together with a corresponding termination of any pay for such extra services.
Repealed by Laws 2011, ch. 182, § 2.

History. Laws 1967, ch. 182, § 10; W.S. 1957, § 21-272.10; Laws 1969, ch. 111, § 161; Rev. W.S. 1957, § 21.1-161; Laws 1971, ch. 144, § 1; 1987, ch. 141, § 1; 1993, ch. 219, § 1; 1997, ch. 189, § 2; 2011, ch. 182, § 2.

The 2011 amendment, effective July 1, 2012, repealed former (b), which read: “Nothing in this article including the duty to provide a reason for termination of an initial contract teacher's employment, shall be interpreted as requiring any hearing or as requiring any proof of cause if school districts are not prohibited from providing by policy or contract, additional procedures or rights to initial contract teachers.”

Board may terminate teacher for financial reasons. —

A school board did not act arbitrarily or capriciously or abuse its discretion in terminating a continuing contract teacher due to limited financial resources and decreased enrollment. Palmer v. Board of Trustees, 785 P.2d 1160, 1990 Wyo. LEXIS 3 (Wyo. 1990).

Cited in

Lippincott v. Board of Trustees, 2000 Wyo. LEXIS 98 , 3 P.3d 861 (Wyo. 2000).

Am. Jur. 2d, ALR and C.J.S. references. —

Right to dismiss public school teacher on ground that services are no longer needed, 100 ALR2d 1141.

§ 21-7-112. Effect on existing contracts.

The contracts of all teachers in the state of Wyoming from and after July 1, 2012, shall be subject to the policies, rules, and regulations of the school district not in conflict with this law or the other laws of the state of Wyoming.

History. Laws 1967, ch. 182, § 11; W.S. 1957, § 21-272.10; Laws 1969, ch. 111, § 162; Rev. W.S. 1957, § 21.1-162; 2011, ch. 182, § 1.

The 2011 amendment, effective July 1, 2012, substituted “July 1, 2012” for “the effective date of this act.”

Laws 2011, ch. 182, § 6 provides: “(a) Except as provided by subsection (b) of this section this act is effective July 1, 2012.

“(b) Notwithstanding subsection (a) of this section, sections 3, 4 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 7, 2011.

Applied in

Roberts v. Lincoln County School Dist. Number One, 676 P.2d 577, 1984 Wyo. LEXIS 260 (Wyo. 1984).

§ 21-7-113. Application to teachers presently employed.

The provisions of this article shall apply to all teachers who are teaching in Wyoming on and after July 1, 2012, and shall apply regardless of whether the teacher was employed prior to July 1, 2012 as a teacher in Wyoming.

History. Laws 1967, ch. 182, § 12; W.S. 1957, § 21-272.12; Laws 1969, ch. 111, § 163; Rev. W.S. 1957, § 21.1-163; 2011, ch. 182, § 1.

The 2011 amendment, effective July 1, 2012, substituted “and after July 1, 2012, and shall apply regardless of whether the teacher was employed prior to July 1, 2012 as a teacher in” for “the effective date hereof; provided, however, the status of teachers covered under this act will be determined by their original date of employment as a teacher in the state of.”

Laws 2011, ch. 182, § 6, provides: “(a) Except as provided by subsection (b) of this section this act is effective July 1, 2012.

This section refers to function of teaching, not supervising. Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

§ 21-7-114. [Repealed.]

Repealed by Laws 2011, ch. 182, § 2.

Editor's notes. —

This section, which derived from Laws 1967, ch. 182, § 13, related to designation by schools of continuing contract teachers.

Cited in

Barger v. Board of Trustees, 494 P.2d 544, 1972 Wyo. LEXIS 233 (Wyo. 1972); O'Melia v. Sweetwater County Sch. Dist., 497 P.2d 540, 1972 Wyo. LEXIS 251 (Wyo. 1972).

Am. Jur. 2d, ALR and C.J.S. references. —

Who is “teacher” for purposes of tenure statute, 94 ALR3d 141.

Article 2. Teacher Scholarships

§§ 21-7-201 through 21-7-207. [Repealed.]

Repealed by Laws 1994, ch. 17, § 2.

Editor's notes. —

These sections, which derived from Laws 1959, ch. 24, § 1, related to teacher scholarships.

Article 3. Teachers in General

Am. Jur. 2d, ALR and C.J.S. references. —

School district rules limiting distribution of literature or other communications among public school teachers as violative of first amendment, 65 ALR Fed 209.

§ 21-7-301. Insurance and other fringe and employment benefits.

The board of trustees of each school district within the state may provide health insurance, life insurance, and other fringe and employment benefits of all types for the teachers, administrative personnel and other employees of the school district to such extent as it deems such benefits to be in the best interest of the school district. Benefits under this subsection may be paid for entirely by the school district or partly by the school district and partly by the employee, the degree of participation of each being entirely within the discretion of the board of trustees. Benefits under this subsection may be in addition to any benefits obtained through the group insurance plan if elected by the school district under W.S. 9-3-201(e).
The board of trustees of each school district which is a participating district in the state employees’ and officials’ group insurance plan, as defined under W.S. 9-3-203(a)(xvi), shall provide insurance under the group plan for the teachers, administrative personnel and other employees meeting the definition of employee under W.S. 9-3-203(a)(iv), as provided by W.S. 9-3-202 through 9-3-218 . Each participating school district shall report to the department of administration and information as specified by W.S. 9-3-205(e) and make payments for employer and employee contributions as provided by W.S. 9-3-210 and 9-3-211 . The amount of contributions paid under W.S. 9-3-211 for each employee electing coverage shall be deducted from the employee’s monthly salary in accordance with W.S. 9-3-211.

History. Laws 1967, ch. 99, §§ 1, 2; W.S. 1957, §§ 21-159.1, 21-159.2; Laws 1969, ch. 111, § 172; Rev. W.S. 1957, § 21.1-172; 2010, ch. 106, § 1; 2014 ch. 17, § 1, effective July 1, 2014.

Cross references. —

As to liability insurance for teachers, see § 21-3-128 .

The 2010 amendment, in (a), substituted “Benefits under this subsection” for “Such benefits,” and added the present last sentence; and added (b).

Laws 2010, ch. 106, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2010.

Editor's notes. —

Laws 2005, ch. 121, § 2, directs that, prior to reevaluation of the education resource block grant model during the 2005 interim period preceding the 2006 budget session of the legislature, as required under W.S. 21-13-309(t), additional funding is to be provided to assist school districts with the expenses of health insurance coverage for district employees during school year 2005-2006. See Laws 2005, ch. 121, § 2, for specifics as to computation and distribution. Laws 2005, ch. 121, § 3(c), appropriates $33,321,419 for the period commencing April 1, 2005, and ending June 30, 2006, from amounts within the school foundation program account for this purpose.

Laws 2005, ch. 121, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 25, 2005.

The 2014 amendment, effective July 1, 2014, in the first sentence of (b), substituted “W.S. 9-3-203(a)(xvi)” for “W.S. 9-3-203(a)(xv)”.

Cited in

In re Seyfang, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

§ 21-7-302. Discrimination in compensation prohibited.

No discrimination in the amount of compensation for the teachers in the public schools of this state shall be made on account of sex, race or religious belief.

History. C.L. 1876, ch. 103, § 62; R.S. 1887, § 3971; Laws 1890-91, ch. 21, § 1; R.S. 1899, § 614; C.S. 1910, § 1965; C.S. 1920, § 2271; R.S. 1931, § 99-343; C.S. 1945, § 67-136; W.S. 1957, § 21-35; Laws 1969, ch. 111, § 173; Rev. W.S. 1957, § 21.1-173.

Am. Jur. 2d, ALR and C.J.S. references. —

Application of Title IX of the Education Amendments of 1972 (20 USC § 1681 et seq.) to sex discrimination in educational employment, 54 ALR Fed 522.

What constitutes religious harassment in employment in violation of Title VII of Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.), 149 ALR Fed 405.

What constitutes reverse or majority race or national origin discrimination violative of federal constitution or statutes — nonemployment cases 152 ALR Fed 1.

Sex discrimination in public education under Title IX — Supreme Court cases, 158 ALR Fed 563.

§ 21-7-303. Certificate or permit required; exception.

Except as otherwise provided in subsection (b), (c) or (d) of this section, no person shall teach or supervise in a public school in this state and receive compensation therefor out of any public fund who at the time of rendering such services is not a holder of or a candidate and qualified for a certificate or permit issued or to be issued under the laws of this state and the rules and regulations of the Wyoming professional teaching standards board pursuant to W.S. 21-2-802 .
Faculty members employed, even if for less than a calendar year, by any postsecondary education institution accredited by a regional accrediting agency may teach courses offered at a public high school in this state without holding or being qualified for a certificate or permit issued by the Wyoming professional teaching standards board and without meeting the requirements of W.S. 21-7-304 as provided in this subsection. A person teaching at a public school pursuant to this subsection shall teach only if the course is within the same subject area in which he instructs at the accredited postsecondary institution and:
1. The course provides academic credit for both high school graduation requirements and postsecondary education requirements; or
2. The course provides only academic credit for high school graduation requirements and there is no other certified and qualified teacher teaching at that school available to teach the course.
In accordance with the provisions of this subsection, a person may teach driver education in a public school in this state without holding or being qualified for a certificate or permit issued by the Wyoming professional teaching standards board and without meeting the requirements of W.S. 21-7-304 . The Wyoming professional teaching standards board shall by rule establish and maintain minimum standards for a permit for that employment which shall be applicable only as provided in this subsection. A person employed by a school district to teach driver education in a public school in this state, shall not be employed for more than three (3) consecutive school years in any period beginning after July 1, 1997, unless the person has met the requirements of the professional teaching standards board for a permit to teach driver education.
A person may be employed as superintendent of schools by any district board of trustees without holding or being qualified for certification by the Wyoming professional teaching standards board pursuant to W.S. 21-2-802 . A person who has not qualified for certification pursuant to W.S. 21-2-802 shall be required to comply with W.S. 21-2-802(e) prior to being employed by any district board as a superintendent of schools.

History. Laws 1909, ch. 33, § 8; C.S. 1910, § 2020; R.S. 1931, § 99-130; C.S. 1945, § 67-135; W.S. 1957, § 21-33; Laws 1967, ch. 142, § 1; 1969, ch. 111, § 174; Rev. W.S. 1957, § 21.1-174; 1993, ch. 217, § 2; 1997, ch. 66, § 1; ch. 194, § 1; 2001, ch. 107, § 1.

Cross references. —

As to powers and duties of state board with respect to certificates, see §§ 21-2-304 , 21-2-305 and notes thereto.

Editor's notes. —

Laws 1997, ch. 66, § 2(a), provides: “Each district shall evaluate the performance of the persons teaching under W.S. 21-7-303(b) in accordance with the district teacher performance evaluation program adopted pursuant to W.S. 21-3-110(a)(xviii).”

Payment to a teacher who has no certificate is unauthorized.

Sorenson v. School Dist., 418 P.2d 1004, 1966 Wyo. LEXIS 169 (Wyo. 1966).

Superintendents not teachers for tenure purposes. —

While school superintendents are considered “certified professional employees” for hiring purposes, superintendents are not teachers for tenure purposes. Seyfang v. Board of Trustees, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Am. Jur. 2d, ALR and C.J.S. references. —

Tests of moral character or fitness as requisite to issuance of teacher's license or certificate, 96 ALR2d 536.

Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 ALR3d 19.

§ 21-7-304. Candidate for certificate must pass examination on state and federal constitutions.

All persons hereafter applying for certificates authorizing them to become administrators or teachers in the public schools of this state shall before receiving such certificate be required to pass a satisfactory examination upon the provisions and principles of the constitutions of the United States and the state of Wyoming or present evidence of having successfully completed a course equivalent to that required in W.S. 21-9-102 .

History. Laws 1925, ch. 94, § 3; R.S. 1931, § 99-142; C.S. 1945, § 67-1408; W.S. 1957, § 21-260; Laws 1969, ch. 111, § 175; Rev. W.S. 1957, § 21.1-175.

Cited in

In re Seyfang, 563 P.2d 1376, 1977 Wyo. LEXIS 253 (Wyo. 1977).

Article 4. Employee Security Requirements

§ 21-7-401. Boards of trustees to require criminal history background information.

The board of trustees of each school district within the state shall require any employee initially hired by the school board on or after July 1, 1996, who may have access to minors to submit to fingerprinting for the purpose of obtaining state or national criminal history record information before employment. The provisions of this section shall not apply to persons certificated under W.S. 21-2-802 who have met the requirements of this section pursuant to the certification process.

History. Laws 1996, ch. 94, § 1.

Article 5. National Certification

§ 21-7-501. National certification program; program limits and requirements; appropriations requirements; certified teacher pay incentive reimbursement.

The department of education may enter into an agreement with a nonprofit entity to establish a program under which the department or the nonprofit entity will administer a program to assist teachers in earning national board teacher certification. The agreement between the department and the nonprofit entity shall require annual reporting by the nonprofit entity to the department. The program may provide professional development and mentoring specific to national board teacher certification, along with other activities related to national certification. Additionally, on behalf of teachers employed by Wyoming school districts the program may make payments directly to an organization that provides national board teacher certification for not more than fifty percent (50%) of the fees to receive national certification, as established by the national board for professional teaching standards. The program shall only make payments if:
1. The teacher has completed at least three (3) years of teaching in the state of Wyoming;
2. The teacher timely pays the teacher’s portion of the certification fees and timely completes progress toward certification as required by the program; and
3. Repealed by Laws 2019, ch. 192, § 2.
4. The teacher agrees to reimburse the program for any certification fee payments the program makes on behalf of the teacher in the event the teacher fails to formally withdraw from the process or to submit an entry that can be scored, as determined by the program.
Repealed by Laws 2019, ch. 192, § 2.
The legislature may appropriate funds to the department to implement subsection (a) of this section. No funds appropriated by the legislature shall be distributed to the program if the nonprofit entity with whom the department has entered into an agreement under subsection (a) of this section does not contribute to the program an amount equal to the amount that will be distributed from funds appropriated by the legislature. The department shall ensure that state funds and funds the nonprofit entity provides to the program shall be accounted for separately.
Repealed by Laws 2019, ch. 192, § 2.
Repealed by Laws 2001, ch. 193, § 2.
In addition to the program established under subsection (a) of this section, and to promote employment of national board certified teachers by school districts, each district employing a national board certified teacher shall be reimbursed for payments to these teachers subject to the following:
1. For each year the certificate is valid, the district provides each teacher employed by the district and holding certification by the national board for professional teaching standards a lump sum payment of four thousand dollars ($4,000.00) which is in addition to the teacher’s annual salary as determined by the board, and which is paid to each certified teacher between December 1 and December 31 of the school year for which application is made;
2. The teacher holding certification shall be employed by the district full time as a teacher;
3. The district submits a report to the department of education in a manner, on a form and at times specified by department rule and regulation, documenting the number of national board certified teachers employed by the district, verifying payments to such teachers in accordance with paragraph (i) of this subsection;
4. From amounts appropriated by the legislature from the public school foundation program account for purposes of this subsection, the department of education shall distribute payments to eligible districts in accordance with this subsection on or before February 15 of the applicable school year, together with the district’s foundation payment under W.S. 21-13-313(c), if applicable. The department shall not provide reimbursement to a school district for a lump sum payment made in accordance with paragraph (i) of this subsection to a teacher who earned initial national board teacher certification on or after January 1, 2021 and has received fifteen (15) lump sum payments under this subsection;
5. Not later than January 31 of each year, the department shall report to the joint education interim committee on district reports submitted under paragraph (iii) of this subsection and estimated distributions under this subsection to eligible districts for the applicable reporting period.
For purposes of this section, “teacher” means a school district employee who is employed full time as a teacher, instructional facilitator, certified tutor, librarian, speech-language therapist or counselor.

History. Laws 1998, ch. 69, § 1; 2001, ch. 193, §§ 1, 2; 2007, ch. 108, § 1; 2014 ch. 96, § 1, effective July 1, 2014; 2019 ch. 192, §§ 1, 2, effective July 1, 2019.

The 2007 amendment, effective April 1, 2007, added (f); and inserted “subsection (b) of” in (d).

The 2014 amendment, effective July 1, 2014, in (f)(ii), added “For purposes of this subsection, “teacher” shall include employees of the district holding certification and employed full-time as instructional facilitators, certified tutors, librarians or counselors.”

2019 Amendment Notes.—

The first 2019 amendment, by ch. 192 § 1, effective July 1, 2019, rewrote the introductory language in (a), which read: "The professional teaching standards board shall by rule establish a program under which school districts shall reimburse no more than fifty (50) teachers and certified or licensed service providers employed by Wyoming school districts the actual cost of receiving national certification, not to exceed the national certification fee established by the national board for professional teaching standards for the applicable year certification was received, provided," in (a)(ii), substituted "teacher timely pays the teacher's portion of the certification fees and timely completes progress toward certification as required by the program" for "teacher or service provider, as applicable, was successful in receiving his national certification," and added (a)(iv); in (c), substituted "The legislature may appropriate funds to the department to implement subsection (a)" for "A school district may apply for an innovative program grant under W.S. 21-22-106(a)(iii) to recover amounts reimbursed to teachers and service providers under subsection (b)"; in the introductory language in (f), substituted "to the program established under subsection (a)" for "to reimbursement of the cost of national board certification under subsection (b)," in (f)(i), deleted "under paragraph (ii) of this subsection," rewrote (f)(ii), which read: "Effective school year 2007-2008 and each school year thereafter, the teacher holding certification shall be employed by the district full-time as a teacher. For purposes of this subsection, “teacher” shall include employees of the district holding certification and employed full-time as instructional facilitators, certified tutors, librarians or counselors," in (f)(iv), added the last sentence, and in (f)(v), substituted "January 31 of each year" for "December 31, 2007, and each December 31 thereafter"; and added (g).

The second 2019 amendment, by ch. 192 § 2, repealed (a)(iii), which read: "The teacher agrees to mentor at least one (1) other teacher employed in the state of Wyoming through the national certification process"; repealed (b), which read: "Upon verification by the professional teaching standards board that national certification is complete, the district which employs the teacher or service provider shall subject to the limit imposed under subsection (a) of this section, reimburse the teacher or service provider for the actual cost of the national certification fee"; and repealed (d), which read: "Teachers who accept reimbursement for their national certification costs under subsection (b) of this section shall serve as a mentor, under the supervision of the professional teaching standards board, for at least one (1) other teacher employed in the state of Wyoming through the national certification process. Teachers who accept reimbursement may also consent to be a consultant with local education agencies on staff development programs. Districts requesting consultation for staff development shall pay the consultant fees involved. No fee shall be charged for teachers seeking their own national certification."

Wyoming teacher of the year program. —

Laws 2005, ch. 178, § 1, effective July 1, 2005, appropriates $53,000 from the school foundation program account to the department of education to implement expansion of the Wyoming teacher of the year program for school year 2005-2006. Specifically, the department is to (1) establish a teacher of the year award for each school district within the state; (2) develop a selection process whereby each school district nominates a teacher to participate in the district-wide competition, to be selected by a committee assembled by the department which is comprised of school district teachers, administrators and board members together with business leaders, parents and members of the Wyoming legislature who are residents of the school district; (3) award each school district teacher of the year with an incentive payment equal to $1,000; and (4) provide for the selection of a Wyoming teacher of the year from among all selected school district teachers of the year, to receive an award equal to $5,000.

National teacher certification program. —

Laws 2005, ch. 178, § 3, appropriates $182,000 from the school foundation program account to the department of education for school year 2005-2006 to supplement amounts available under § 21-22-106(a)(iii) to districts for reimbursements to teachers for actual costs of national certification fees as provided under § 21-7-501 . A charter school operating within the district pursuant to §§ 21-3-301 through 21-3-314 and employing teachers otherwise qualifying under § 21-7-501 is entitled to reimbursements under this section. In addition and notwithstanding limits imposed under § 21-7-501(a), the department, in consultation with the Wyoming professional teaching standards board, is to expend the appropriated funds, together with any funds received from private sources, to: (1) increase recruitment of teacher applicants for national certification; (2) establish a support system for teachers while in the process of obtaining national certification; and (3) provide awards and public recognition for teachers receiving national certification. Not later than July 1, 2006, the department is to report expenditures of amounts appropriated under this section to the joint education interim committee, and recommend any necessary modification to the national certification program established by § 21-7-501.

Teacher advancement program. —

Laws 2005, ch. 178, § 4, appropriates $400,000 from the school foundation program account to the department of education to initiate and pilot teacher advancement programs providing incentives and support for tea