Wyo. Stat. Ann. § 21-3-101 School districts bodies corporate.
Each school district now or hereafter legally organized within this state shall be a body corporate.
School Districts in General
Wyo. Stat. Ann. tit. 21, ch. 3
in effectWyo. Stat. Ann. § 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."
Wyo. Stat. Ann. § 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."
Wyo. Stat. Ann. § 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."
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-106 Oath of trustees.
The trustees of each school district shall, on or before the first day of December after receiving notification of their election or within ten (10) days after receiving notification of their 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-109 When vacancy on board deemed to have occurred.
(a) A vacancy shall have occurred in the membership of any board of trustees of any school district if any member:
(i) Dies;
(ii) Resigns;
(iii) Becomes a nonresident of the school district; or
(iv) Becomes a nonresident of the trustee residence area from which elected in those districts subdivided into trustee residence areas.
Wyo. Stat. Ann. § 21-3-110 Duties of boards of trustees.
(a) The board of trustees in each school district shall:
(i) Prescribe and enforce rules, regulations and policies for its own government and for the government of the schools under its jurisdiction. Rules and regulations shall be consistent with the laws of the state and rules and regulations of the state board and the state superintendent and shall be open to public inspection;
(ii) Keep minutes of all meetings at which official action is taken and a record of all official acts including a record of all warrants issued against the monies belonging to the school district. The minutes and records shall be public records. A list of each warrant over five hundred dollars ($500.00) shall be published one (1) time in a legal newspaper of general circulation within the respective county within thirty (30) days of the date of the meeting. Individual yearly gross salary payments need be published only once in March of each year:
(A) Each individual annual gross salary shall be identified by category and each individual salary shall be published as a gross dollar amount without identification other than by category. Categories shall include superintendent, assistant superintendent, high school principal, assistant high school principal, junior high principal, junior high assistant principals, elementary principals, elementary assistant principals, first grade teachers, second grade teachers, third grade teachers, fourth grade teachers, fifth grade teachers, sixth grade teachers, kindergarten teachers, high school departmental teachers (business, language arts, world 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;
(B) Forms shall be furnished to the school districts by the state department of education for such publications which shall be the same in all unified districts.
(iii) Elect from its membership at the first regular meeting after December 1 of each year, a chairman, a vice-chairman, a clerk and a treasurer;
(iv) Fix the time and place of regular meetings; provided, that there shall be at least one (1) meeting per month. Any meeting which is not a regular meeting shall be a special meeting;
(v) Submit reports concerning finances or any other matter as the state board, state superintendent or state law may require;
(vi) Estimate the amount of funds required to be raised for public school purposes through a tax levy upon the property lying within the district and in accordance with the Uniform Municipal Fiscal Procedures Act present to the board of county commissioners of each county included in whole or in part within the district a certified copy of the budget as finally adopted with a certified estimate of the tax required to raise the appropriate amount. This tax shall be levied, collected and distributed as prescribed by law;
(vii) Control and disburse all moneys received from any source to maintain the schools within the district;
(viii) Obtain competitive bids when any 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;
(ix) Require the treasurer of the board of trustees and the school district superintendent to give such bond in such penalty and with such sureties as the board may direct, conditioned upon the faithful application of all moneys and property which may come into his hands by virtue of his office. The bond shall not exceed one and one fourth of the amount of all school moneys handled by such officer in any one (1) year. Such bonds after being approved by the board and by an attorney selected by the board as to form and execution shall be filed with the county treasurer and no disbursements shall be made until such bonds shall have been approved and filed as required by this section. In case of breach of conditions of such bonds, suit shall be brought thereon by the board for the benefit of the district;
(x) Subject to review by the school facilities commission 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 lease agreement shall separately identify the amount to be expended on the major maintenance of the building or facility during the term of the lease. The amount of the total lease agreement to be expended on the major maintenance shall be accounted for and reported separately and shall not be transferred or expended for any purpose other than major maintenance of the leased building or facility. No expenditure shall be made from the funds dedicated for major maintenance of a leased facility without the approval of the district or the charter school. A district or charter school may request review of the amount to be expended on major maintenance for a lease by the school facilities division of the state construction department to determine the reasonableness of the major maintenance expense. 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:
(A) 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:
(I) The charter is approved under W.S. 21-3-301 through 21-3-314;
(II) Repealed by Laws 2025, ch. 24, § 2.
(III) Repealed by Laws 2024, ch. 11, § 1.
(IV) The district pays the charter school the amount of the reimbursement received under this subparagraph.
(B) Any payment made by the department pursuant to this paragraph for a leased building or facility shall be equal to the lesser of the amount of the total lease agreement or the average cost per square foot to lease buildings or facilities comparable to those appropriate for public K-12 education multiplied by the allowable 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:
(I) Be as determined by the department;
(II) Be comparable in location and type to the building or facility leased by the district or charter school; and
(III) Not include any cost for utilities or routine maintenance.
(C) 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.
(xi) Adopt and use an official seal when required to authenticate official acts;
(xii) Cause the United States and Wyoming flags to be properly displayed in, upon, or around school buildings within the district;
(xiii) Consider every petition presented to the board and subscribed by at least five (5) citizens of the school district and take some action on such petition within thirty (30) days after it is received; provided, that no action shall be required if the precise question presented by the petition has been considered and acted upon by the board of trustees at any meeting held within the current fiscal year;
(xiv) Require an accounting of all receipts and expenditures to be made by each organization, function, or other group sponsored by, or functioning in any way within the schools of the district, such accounting to be made by each such organization, function, or group at least once each year and a copy thereof posted in each school building connected with such organization, function, or group;
(xv) Provide an educational program within the schools under its jurisdiction in compliance with uniform state standards prescribed under W.S. 21-9-101 and 21-9-102 and by rule and regulation of the state board 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;
(xvi)(A) Publish the following notice in a newspaper of general circulation in the school district at least two (2) times each year, once within a week after the first regular meeting in December and once as a part of the statement of revenue and expenditures of the district:
Notice of School Board Meetings and Availability of Minutes
Notice is hereby given that regular meetings of the board of trustees of .... County School District Number ...., State of Wyoming, are held each month, at .... o'clock on .... (here insert days or dates) in Room .... of the .... school building in .... (city or town), Wyoming, and such meetings are open to the public.
Notice is also given that official minutes of each regular or special meeting of such board, including a record of all official acts and of all warrants issued, are available for inspection by any citizen during regular office hours at the office of the clerk of said district, at .... (here insert address of office).
...........................
Chairman, Board of Trustees
............. County School
District, Number ..........
(B) If the board changes the time and place of its regular meetings, then such notice shall also be published in a newspaper of general circulation in the school district, once before such change shall become effective;
(C) All meetings of the board are subject to W.S. 16-4-401 through 16-4-408.
(xvii) Require the performance of each initial contract teacher to be evaluated 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;
(xviii) 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;
(xix) 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;
(xx) Establish and maintain kindergartens in connection with the public schools of the district with at least one (1) full-day kindergarten program available within the district;
(xxi) Report to the state department of education the actual average class size and range of class sizes for grades kindergarten through five (5) and for reading or English and language arts and mathematics classes for grades six (6) through twelve (12). These reports shall be publicly available;
(xxii) In accordance with guidelines established by the state superintendent under W.S. 21-2-202(a)(xxii), implement standards for the storage and disposal of toxic chemicals and other hazardous substances used by schools within the district for educational programs;
(xxiii) Implement and administer the Wyoming language and literacy program for students in kindergarten through grade twelve (12) as required by W.S. 21-3-402 et seq.;
(xxiv) 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;
(xxv) 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) and the high school certificate of completion requirements imposed by the state board under W.S. 21-2-304(a)(iv);
(xxvi) Provide access to district records and other information by the department of audit as necessary to conduct audits and studies under W.S. 9-1-513 and otherwise cooperate with the department of audit when conducting audits and studies of the district pursuant to W.S. 9-1-513. The board shall also submit a written response to the department of audit on each audit and report conducted on the district in accordance with W.S. 9-1-513;
(xxvii) Cooperate with the 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;
(xxviii) 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;
(xxix) 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;
(xxx) 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);
(xxxi) Not later than December 31, 2011, adopt a policy and training procedures regarding the use of seclusion and restraint in schools. In addition to any requirements provided by rule and regulation of the state superintendent pursuant to W.S. 21-2-202(a)(xxxii), the policy shall require that the parent or legal guardian of the student shall be notified each time that seclusion or restraint is utilized for the student. The policy shall prohibit the use of locked seclusion. The policy shall not be limited to any specified group of students and shall apply any time that seclusion or restraint is used for any student. The district shall submit a copy of the policy to the state superintendent for review as provided in W.S. 21-2-202(a)(xxxii), after the initial adoption of the policy and any time thereafter that the policy is substantially revised. As used in this paragraph:
(A) "Restraint" means the use of physical force, with or without the use of any physical device or material, to restrict the free movement of all or a portion of a student's body. "Restraint" does not include comforting or calming a student, holding the hand or arm of a student to escort the student if the student is complying, intervening in a fight or using an assistive or protective device prescribed by an appropriately trained professional or professional team;
(B) "Seclusion" means removing a student from a classroom or other school activity and isolating the student in a separate area. "Seclusion" does not include a student requested break or in-school suspension, detention or other appropriate disciplinary measure.
(xxxii) Commencing school year 2011-2012, adopt protocols to address risks associated with concussions and other head injuries resulting from athletic injuries. Implementation of this paragraph shall be subject to the immunity provisions of the Wyoming Governmental Claims Act. The protocols shall:
(A) Include training of coaches and athletic trainers to facilitate the recognition of symptoms of concussions;
(B) Address restrictions concerning participation in school athletic events after suffering a concussion or head injury;
(C) Include means for providing to students and parents information on head injuries and concussions and related restrictions on participation in athletic activities.
(xxxiii) 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;
(xxxiv) 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);
(xxxv) 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);
(xxxvi) Participate in programs of the department of workforce services necessary to receive premium discounts for the state worker's compensation program;
(xxxvii) Procure the professional services of architects, engineers and surveyors in accordance with W.S. 9-23-101 through 9-23-107.
(xxxviii) 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;
(xxxix) Define "unexcused absence", "habitual truant" and "willful absenteeism" 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 programming or competitions sponsored by nationally recognized organizations and clubs that promote youth agricultural education, the annual state fair held under W.S. 11-10-101 as an exhibitor or events associated with participation in the annual state fair 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;
(xl) Upon receipt of the information that the department of workforce services is required to provide under W.S. 9-2-2602(b)(ix) and not later than sixty (60) days after July 1, 2023:
(A) Establish guidelines to implement student training and employment programs in schools in the district;
(B) Take all necessary steps to provide appropriate school credit to students who complete student training and employment programs offered in the district and comply with the guidelines established pursuant to subparagraph (A) of this paragraph;
(C) Annually give to each high school student in the district information on apprenticeships, student learner agreements and on-the-job training opportunities;
(D) Provide information as requested by the department of workforce services to ensure compliance with reports required under W.S. 9-2-2602(e).
(xli) Review and make a written determination whether a transfer of enrollment shall be granted or denied under W.S. 21-4-302.2. The written determination shall be made within ten (10) business days after receiving a request to transfer a pupil to a particular public school under W.S. 21-4-302.2;
(xlii) Adopt policies, procedures and rules necessary to implement the provisions of W.S. 21-3-135;
(xliii) Require communication and disclosure to a parent or guardian regarding their student to ensure the protection of parental rights under W.S. 14-2-206;
(xliv) Ensure that each school district in the state requires every multiple occupancy restroom, changing room or sleeping quarters be designated for the exclusive use of the male sex or the exclusive use of the female sex;
(xlv) Commencing with the budget prepared and adopted for school year 2027-2028 in accordance with W.S. 16-4-109 and 16-4-111, the budget shall contain a section to report staffing and expenditure variances from each component contained within the education resource block grant model as defined under W.S. 21-13-101(a)(xiv). Any variance plus or minus seven and one-half percent (7.5%) shall be reported in each budget with an explanation for each variance, by component of the education resource block grant model. The variances calculated and reported under this paragraph shall be on a dollar and position basis;
(xlvi) Adopt policies governing student possession and use of cellular telephones and smart devices in schools. Each district shall submit a copy of the policy adopted under this paragraph to the state superintendent as soon as practicable after the initial adoption of the policy and any time thereafter that the policy is substantially revised. A smart device shall not include a wearable device that can only tell time, monitor a person's health information or track a person's location.
(b) Repealed by Laws 2019, ch. 84, § 2.
Wyo. Stat. Ann. § 21-3-111 Powers of boards of trustees.
(a) The board of trustees in each school district within the state may:
(i) Sue and be sued in the name by which the district is designated;
(ii) Acquire, hold, convey, lease, rent, and manage property, real and personal, for the benefit of the school district in the name by which the district is designated, either alone or jointly with another public or private agency, institution, person, or corporation. This includes leasing of real property under W.S. 21-15-112. Any rental fees charged by the district for use of school district property by youth clubs and activities not sponsored by the district shall:
(A) Not exceed the hourly rate of personnel, equipment, utility and supply costs actually incurred by the district for the specific use of the property during each rental period, limited to direct, incremental costs that would not otherwise have been incurred. Nothing in this paragraph shall be construed to require the district to charge any fee and the district may permit use without charge;
(B) Upon request, be supported by an itemized statement identifying the district's personnel, equipment, supply and utility costs incurred for the specific use of the property. The itemized statement shall be provided not more than fifteen (15) days after a request is made pursuant to this subparagraph; and
(C) Not require a youth club or activity not sponsored by the school district to maintain formal legal status as a nonprofit organization or any other specific corporate status as a prerequisite for the use of school property under this paragraph.
(iii) Enter into agreements with any public or private agency, institution, person, or corporation for the performance of acts or furnishing of services or facilities by or for the school district;
(iv) Employ legal counsel and bear the cost of litigation;
(v) Accept or reject any federal or other gift, grant, bequest, or devise;
(vi) Employ and determine the salaries and duties of:
(A) A superintendent of schools who shall be the chief administrative officer of the district;
(B) Principals who shall assume the administrative responsibility and instructional leadership of any schools to which they are assigned in accordance with policies adopted by the board of trustees, provided that in the event a superintendent of schools shall request recommendations from a principal concerning the suspension, dismissal, assignment, transfer or termination of any teacher employed in the school to which the principal is assigned, such recommendation shall be given only after periodic evaluation of the teacher's classroom performance;
(C) Teachers who shall provide the expertise in their areas of instruction;
(D) Other certified professional employees; and
(E) Other personnel.
(vii) Discharge any employee subject to the provisions of any applicable law governing the procedure for terminating the employment of school district employees;
(viii) Insure against loss of property;
(ix) Repealed By Laws 1997 Special Session, ch. 3, § 502.
(x) Become members of county, state, and national school board associations and pay dues to such associations. A board of trustees may at its discretion pay necessary travel expenses and per diem of members and personnel attending meetings of such associations at a rate not to exceed that paid state employees;
(xi) Provide for the operation of school lunch programs in schools under its jurisdiction;
(xii) Require any officer or employee whose duty it is to handle funds or property of the district, including activity accounts, to be bonded under a suitable individual or blanket bond indemnifying the district against loss. The board shall determine the amount and type of the bond;
(xiii) Acquire for the school district, by condemnation, the fee simple title to any real estate situated within the district as a site for any public school buildings or school grounds or for any other necessary or beneficial school purpose, or any lesser interest, including easements and rights-of-way, when necessary in the proper maintenance and operation of the school system;
(xiv) Subject to W.S. 21-6-217(b), convey, with or without consideration, title to real property which is not being used and will not be used by the district to the state or its political subdivisions for public use;
(xv) Convey or otherwise divest, with or without consideration, title to personal property which is not being used and will not be used by the district to the extent not prohibited by Article 16, Section 6, Wyoming Constitution;
(xvi) Repealed by Laws 2021, ch. 163, § 2.
(xvii) Establish a school bus driver training program in accordance with W.S. 21-3-131(a);
(xviii) Establish and maintain a program of adult education;
(xix) Develop policies and pest control methods including emergency policies, to minimize risk to students and employees, school property and the environment;
(xx) Enter into school building construction and renovation project agreements with the state construction department as authorized under W.S. 21-15-123(f)(v);
(xxi) 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;
(xxii) 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;
(xxiii) Confer a Wyoming seal of biliteracy or an advanced distinction Wyoming seal of biliteracy upon a graduating high school student in accordance with W.S. 21-2-202(a)(xl). Not later than October 15 of each year, each school district shall report to the state superintendent the number of seals of biliteracy issued during the prior school year, the languages the students learned and the type of seal conferred.
(b) Not later than January 1, 1998, the board of trustees of each school district that has established trustee residence areas before that date shall:
(i) Establish by resolution that all trustees shall be elected at-large from the entire district; or
(ii) Establish by resolution a structure for electing members to the board through trustee residence areas with not less than two (2) members of the board elected at-large from the entire district. If the board establishes trustee residence areas under this paragraph, one (1) or more members shall be elected from each area. The boundaries of the trustee residence areas shall be established so that the total deviation in the population between the areas with the greatest and least population shall not, to the extent practicable, exceed ten percent (10%). Data from the last federal census shall be used in determining population within an area for the purpose of implementing this paragraph. The resolution shall include a process for implementing this change so that all elected trustees may serve their full term but that any vacancy shall be filled so as to implement the change as soon as practicable.
(c) Not later than January 1 of any year in which a general election will be held, the board of trustees of any school district may elect to adopt a resolution under paragraph (b)(i) of this section to have all trustees elected at-large. A board of trustees for a district in which all members are elected at-large may adopt a resolution to establish trustee residence areas under paragraph (b)(ii) of this section only as of January 1 of the first year which follows a decennial federal census and in which a general election will be held.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-113 Signing of warrants and checks.
(a) All warrants or other orders to pay money drawn on the school district treasury, and all checks on a depository, shall bear the signature of the clerk or treasurer and the chairman of the board of trustees. The signatures may be reproduced as provided in W.S. 16-2-101 through 16-2-103.
(b) All warrants or other orders to pay money drawn on activity or special funds shall be signed and administered in the manner provided in subsection (a) above, and in accordance with the written policy of the board of trustees. Activity or special funds shall be subject to supervision and examination by the director of the state department of audit.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-117 Duties of clerk of school district.
(a) The clerk of each school district within the state shall:
(i) Within thirty (30) working days after the close of each fiscal year, submit all fiscal reports to the state superintendent of public instruction for the past fiscal year. The reports shall contain information required by the state superintendent. A copy of the reports shall also be filed with the county clerk of each county in which the school district is located;
(ii) Cause to be filed copies of all reports made to the state superintendent and all papers transmitted to him by school officers or other persons pertaining to the business of the district. After two (2) years have elapsed from the date of filing, microfilm copies may be treated as originals;
(iii) Cause a certificate to be endorsed upon every bond or evidence of debt, issued pursuant to law, that the same is within the lawful debt limit of such school district and is issued according to law;
(iv) Record all proceedings of the board in books to be kept for that purpose.
Wyo. Stat. Ann. § 21-3-118 Duties of treasurer of school district.
(a) The treasurer of each school district within the state shall:
(i) Have custody of all moneys belonging to the district and pay out the same on order of the clerk, countersigned by the chairman;
(ii) Cause an account to be kept of the receipts and expenditures of the district;
(iii) Render a statement of the finances of the district at any time when required by the district board of trustees; and cause a detailed report showing the sources of revenue and the purposes for which moneys were expended to be published at the close of each fiscal year in some newspaper of general circulation within the school district.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-120 Notice of special or emergency meetings.
(a) The clerk of the board of trustees of each school district shall cause notice of each special or emergency meeting of the board of trustees to be given in accordance with W.S. 16-4-404.
(b) The notice shall contain the purpose, time and place of the meeting, and a statement that the official minutes of such meeting will be available for inspection by any citizen at the office of the clerk of said district.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-123 Repealed by Laws 1979, ch. 83, § 2.
Wyo. Stat. Ann. § 21-3-124 Failure to perform duty by officer or member of board of trustees.
Any member or officer of a board of trustees of a school district who willfully fails, refuses, or neglects to perform any duty imposed upon him by the provisions of this code shall be guilty of a misdemeanor, and shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment in the county jail for a period of not more than thirty (30) days or by both such fine and imprisonment.
Wyo. Stat. Ann. § 21-3-125 Application of Municipal Budget Act.
The Uniform Municipal Fiscal Procedures Act applies to every school district within the state.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-129 Comprehensive liability insurance; waiver of governmental immunity; property insurance.
(a) The board of trustees of each school district within the state may procure a policy or policies of comprehensive liability insurance as provided in W.S. 1-39-118(b), self-insure as provided in W.S. 1-39-118(c)(i) or join with other school districts as provided in W.S. 1-39-118(c)(ii).
(b) Repealed By Laws 2008, Ch. 50, § 2.
(c) Repealed By Laws 2008, Ch. 50, § 2.
(d) 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.
(e) Repealed by Laws 2019, ch. 186, § 2.
Wyo. Stat. Ann. § 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.
Wyo. Stat. Ann. § 21-3-131 School bus standards; operators; vehicle operation; liability limited.
(a) Each district shall establish and maintain minimum standards for persons involved in the operation of school buses, including:
(i) Developing a written plan for the selection, training and supervision of persons whose duties involve the transporting of pupils;
(ii) Requiring each applicant for a position which duties involve the transporting of pupils to complete and submit an application form that includes a personal and occupational history;
(iii) Completing a check of the successful applicant's driving record;
(iv) Ensuring the successful applicant has on file with the district a copy of the medical examiner's certificate required by the United States department of transportation, federal motor carrier safety regulations, 49 C.F.R. Part 391.41;
(v) Requiring annual training consisting of not less than six (6) hours for persons whose duties involve the operation of school buses.
(b) Each district shall establish and maintain minimum standards for the operation of school buses, including:
(i) All school buses shall undergo a safety inspection not less than two (2) times each school year, with one (1) inspection conducted by a person not employed by the school district. A copy of the inspection reports shall be filed with the local school district;
(ii) School bus operators shall perform a daily pre-trip inspection of their vehicles and report promptly any defect or deficiency discovered that may affect the safety of the vehicle's operation or result in its mechanical breakdown. Documentation of the inspections shall be submitted weekly and retained on file with the school district for a period of one (1) year;
(iii) Operators of school buses equipped with lap belts shall wear a properly secured lap belt at all times the vehicle is in motion;
(iv) Passengers in type A school buses equipped with factory installed lap belts shall wear a properly secured lap belt at all times the vehicle is in motion;
(v) At least twice during each school year the driver of each school bus shall hold an emergency evacuation drill. Proper documentation for each drill shall be maintained on file with the school district;
(vi) School bus routing and seating plans shall be coordinated to eliminate standing passengers or exceeding the manufacturer's rating capacity for the school bus;
(vii) School buses shall operate with lighted headlamps at all times the vehicle is in motion;
(viii) The service door of the school bus shall remain closed at all times the vehicle is in motion;
(ix) Any accident involving a school bus which is required to be reported under W.S. 31-5-1106 shall also be reported to the state department of education on forms approved by the department;
(x) 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.
(c) Evidence of a person's failure to wear a lap or seat belt on a school bus if required under state or federal law or the failure of a school bus driver to require a passenger to wear a lap or seat belt as required under W.S. 31-5-1402(a), shall not be admissible in any civil action or for the purposes of W.S. 31-5-1402(a).
Wyo. Stat. Ann. § 21-3-132 Repealed by Laws 2025, ch. 61, § 3.
Wyo. Stat. Ann. § 21-3-133 Child sexual abuse education, prevention and response.
(a) 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:
(i) Provide parents with information on the warning signs of child sexual abuse and any available resources for education, prevention and response;
(ii) Provide training to teachers and other school district employees, including:
(A) Instructional methods relating to the provisions of W.S. 21-9-104;
(B) Child abuse or neglect reporting requirements specified in W.S. 14-3-205;
(C) Methods to respond to a student's disclosure of sexual abuse in a supportive and appropriate manner.
(iii) 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;
(iv) 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;
(v) Coordinate with the local child protection team in accordance with W.S. 14-3-212(b)(ii);
(vi) Accept funds from private and public sources for programs relating to this section.
Wyo. Stat. Ann. § 21-3-134 Purple star schools.
(a) As used in this section, "military connected student" means a student who is a dependent of a current or former member of the uniformed services of the United States including members of the national guard and reserve or who was a dependent of a member of the uniformed services of the United States, including a member of the national guard or reserve, who was killed in the line of duty.
(b) The department shall designate a school as a purple star school if the school applies to the department and qualifies as a purple star school under this section.
(c) To qualify as a purple star school under this section the school shall:
(i) Have a staff member designated as a military liaison who shall:
(A) Identify military connected students enrolled at the school;
(B) Serve as the point of contact between the school and military connected students and their families or guardians;
(C) Assist in developing and coordinating appropriate services and programs relevant to military connected students.
(ii) Maintain on the school website an easily accessible web page that includes resources for military connected students and their families or guardians, including information regarding:
(A) Relocation to, enrollment at, registration at and transferring records to and from the school;
(B) Academic planning, course sequences and advanced classes available at the school;
(C) Counseling and other support services available for military connected students enrolled at the campus; and
(D) The name and contact information of the military liaison designated by the school under paragraph (i) of this subsection and the liaison's duties.
(iii) Maintain a transition program, which may be led by students if appropriate, that assists military connected students in transitioning into the school;
(iv) Offer professional development for staff members on issues related to military connected students;
(v) Do at least one (1) of the following:
(A) Have a resolution adopted by the board of trustees of the school district of the school showing support for military connected students and their families;
(B) Provide recognition of the month of the military child or military family month with relevant events hosted by the school;
(C) Partner with a local military installation that provides opportunities for active duty military members to volunteer at the school, speak at a school assembly or host a field trip.
(d) A school may partner with the school district as necessary to comply with the requirements of this section including providing for a web page on the school district website if the school does not have a website, providing for professional development and the adoption of a resolution as provided in subparagraph (c)(v)(A) of this section.
(e) The department shall adopt rules necessary to administer this section.
Wyo. Stat. Ann. § 21-3-135 Parental and guardian notices related to the educational, physical, mental and emotional health of students; student welfare; procedures; school district prohibitions.
(a) Each school district shall:
(i) Notify a student's parent or guardian as soon as practicable if there is a change in the student's educational, physical, mental or emotional health or well-being. Procedures adopted under this paragraph shall reinforce the fundamental right of parents and guardians to make decisions regarding the care and control of their children by requiring school district personnel to encourage a student to discuss issues relating to his well-being with his parent or guardian or to facilitate discussion with the parent or guardian;
(ii) Not prohibit parents or guardians from accessing any of their student's records created, maintained or used by the school district. Parents or guardians shall be provided access to their student's education, behavior, health and other records within a reasonable time;
(iii) Not adopt or implement any formal or informal rules, policies, practices or procedures that prohibit school district personnel from notifying a student's parent or guardian about the student's educational, physical, mental or emotional health or well-being or a change in the student's related services as authorized under paragraphs (a)(i) and (ii) of this section;
(iv) Not adopt or implement any formal or informal rule, policies, practices or procedures that direct or, encourage or have the effect of encouraging a student to withhold from a parent or guardian information about the student's educational, physical, mental or emotional health or well-being;
(v) Obtain written or electronic permission from each student's parent or legal guardian not less than one (1) day prior to the student participating or receiving instruction in any trainings, courses or classes that address sexual orientation or gender identity.
(b) Effective school year 2024-2025 and each school year thereafter, at the beginning of each school year, each school district shall make available to parents and guardians any routine health care services offered or provided at the student's school and provide the option for the parent or guardian to withhold consent or decline any routine specific health care services. Parental or guardian consent to a routine health care service shall not waive the parent's or guardian's right to access the student's educational or health care records or to be notified of a change in the student's educational, physical, mental or emotional health or well-being. Nothing in this section shall be construed as preventing school district personnel from rendering first aid to a student or summoning emergency responders in case of sudden need.
(c) Before administering a well-being questionnaire or health screening tool to a student or a group of students, each school district shall make available the questionnaire or information on the health screening tool to the parent or guardian and obtain written or verbal consent from the parent or guardian to administer the well-being questionnaire or health screening tool to the student. For purposes of this subsection, "health screening tool" means any diagnostic assessment that detects pre-clinical mental or physiological illness or diseases. Nothing in this subsection shall be construed to prohibit school district personnel from conducting audiology, vision, scoliosis or body mass index assessments required by federal law unless a parent withholds consent for that assessment in writing.
(d) Each school district shall adopt necessary rules, policies, practices and procedures for a parent or guardian to file a complaint with the school district regarding a school district's non-compliance with this section, in accordance with the following:
(i) Notwithstanding W.S. 21-2-101, to the extent that any provision of this subsection conflicts with the Wyoming Administrative Procedure Act, this subsection and any rules promulgated thereunder shall control;
(ii) To initiate proceedings under this subsection, a parent or guardian shall file a complaint with the school district superintendent or his designee;
(iii) The school district superintendent or his designee shall acknowledge in writing receipt of a complaint submitted under this subsection within seven (7) business days from the date of receipt of the complaint, as evidenced by the postmark;
(iv) The school district superintendent shall issue a decision in response to a complaint under this subsection not more than thirty (30) calendar days after the written acknowledgment required under paragraph (iii) of this subsection;
(v) Any parent or guardian aggrieved by a decision made by a school district superintendent under paragraph (iv) of this subsection may request a hearing before the school district's board of trustees, who shall determine facts relating to the dispute over the school district superintendent's compliance with this section, consider any information provided by the school district superintendent and render a decision within thirty (30) calendar days after receiving the request for a hearing;
(vi) Any parent or guardian aggrieved or adversely affected in fact by a final decision of a board of trustees under paragraph (v) of this subsection, may seek judicial review pursuant to W.S. 16-3-114, within thirty (30) calendar days of the decision by the board of trustees, as evidenced by the postmark;
(vii) Each school district shall adopt necessary rules, policies and procedures to notify parents and guardians of the rights and procedures available under this subsection;
(viii) Nothing in this subsection shall be construed to abridge any other rights or remedies under law available to parents and guardians.
(e) This section shall be implemented by each school district in accordance with W.S. 14-2-206.
(f) Nothing in this section shall prohibit school districts from complying with mandatory reporting of abuse or neglect pursuant to W.S. 14-3-205. For purposes of this section, "abuse" means as defined by W.S. 14-3-202(a)(ii) and "neglect" means as defined by W.S. 14-3-202(a)(vii).
Wyo. Stat. Ann. § 21-3-136 Firearms on school property account.
(a) There is created the firearms on school property account. The account shall include all legislative appropriations and all monies received from grants, gifts, transfers, bequests and donations to the account. The account is authorized to accept grants, gifts, transfers, bequests and donations. All monies received shall be deposited into the account. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) or 9-4-207, unobligated and unexpended funds in the account shall not lapse or revert and shall remain in the account and available for distribution as provided in this section.
(b) Monies deposited into the firearms on school property account shall be continuously appropriated to and expended by the department of education to reimburse school districts only for costs related to possession of firearms on school property by school district employees in accordance with the law. School districts shall apply to the department of education for reimbursement of the costs identified under this subsection on a form provided by the department within one (1) year of the expenses being incurred. As part of the application required under this subsection, school districts shall submit final receipts and certificates of completion for each employee's training completed in accordance with the law or documents evidencing the expenses incurred by the rules adopted by the school district. Reimbursement shall be limited to costs for which funding is not already provided by law. If there are insufficient funds to reimburse all school districts that apply for reimbursement under this section, the department of education shall prorate reimbursement among all approved school district applications in proportion to the amount of costs approved for reimbursement.
(c) Funds in the firearms on school property account shall be invested by the state treasurer pursuant to law and the investment earnings shall be credited to the account.
Wyo. Stat. Ann. § 21-3-137 Restrooms and changing rooms in public schools; designated sleeping quarters for school-sponsored activities; requirements; definitions; penalties; rulemaking.
(a) As used in this section:
(i) "Coach" means a person, including but not limited to coaches, assistant coaches or athletic trainers, employed by or contracted with a public school who is involved in the teaching, coaching or training of students participating in a school-sponsored activity;
(ii) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization;
(iii) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization;
(iv) "Restroom" or "changing room" means a room in a public school building designed or designated to be used by one (1) or more persons, where persons may be in various stages of undress in the presence of other persons. The term includes but is not limited to a school restroom, locker room, changing room or shower room;
(v) "School-sponsored activity" means an event that is supported and affiliated with the school;
(vi) "Sex" means a person's biological sex, either male or female;
(vii) "Sleeping quarters" means an area with at least one (1) bed or cot in which at least one (1) person is housed overnight on or off public school property when attending a school-sponsored activity.
(b) To ensure privacy and safety, each public school district that serves students in pre-kindergarten through twelfth grade in this state shall require every multiple occupancy restroom, changing room or sleeping quarters to be designated as follows:
(i) For the exclusive use of the male sex; or
(ii) For the exclusive use of the female sex.
(c) Each public school district shall provide a reasonable accommodation to any person who does not wish to use a multiple occupancy restroom, changing room or sleeping quarters in accordance with the designation required under subsection (b) of this section. For purposes of this subsection, a reasonable accommodation shall include a single-occupancy restroom, changing room or sleeping quarters. A reasonable accommodation granted under this subsection shall not include access to a restroom, changing area or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
(d) This section shall not apply to persons entering a multiple occupancy restroom, changing room or sleeping quarters designated for use by the opposite sex when entering for at least one (1) of the following reasons:
(i) For custodial, maintenance, repair or inspection purposes;
(ii) To render emergency medical assistance;
(iii) If a suitable meeting room or area is not available, a coach may enter a locker room before, during or after a school-sponsored activity, provided:
(A) All students present are fully clothed;
(B) The coach shall be accompanied by not less than one (1) additional adult at all times;
(C) If the coach is the opposite sex of the students present, the coach shall be accompanied by at least one (1) adult of the same sex as the students present; and
(D) The adults present shall not be current high school students.
(iv) For an adult to render assistance to any student or person requiring assistance because of disability or age;
(v) If a suitable meeting room or area is not available and the coach is the coach of a school-sponsored activity with members of both the male and female sexes on the team or in the activity, the coach may enter a locker room before, during or after the school-sponsored activity if all students are fully clothed. The coach shall be accompanied by not less than one (1) additional adult at all times but an additional adult shall not be required if members of the activity of both sexes are present in the locker room. The adults present shall not be current high school students;
(vi) To render caregiving assistance;
(vii) To receive assistance if the person is accompanied by a family member, legal guardian or the person's designee who is a member of the designated sex for the single-sex restroom, changing area or sleeping quarters;
(viii) When necessary to prevent a serious threat to public health or student safety during an ongoing natural disaster or emergency;
(ix) When a school official or employee enters a restroom, changing area or sleeping quarters while in the performance of the official's or employee's official duties and who takes reasonable steps to ensure that no person in the room is in a state of undress;
(x) When a restroom, changing area or sleeping quarters has been temporarily designated for use by the opposite sex.
(e) Each school district board of trustees shall adopt policies to provide for disciplinary action for persons who refuse to comply with this section.
(f) No school district board of trustees shall adopt a policy contrary to the provisions of this section.
(g) A parent or legal guardian of a student enrolled in and physically attending a public school district shall have a cause of action, including for declaratory and injunctive relief, against the public school for noncompliance with the provisions of subsection (b), (c) or (d) of this section.
Wyo. Stat. Ann. § 21-3-201 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-202 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-203 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-204 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-205 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-206 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-207 Repealed By Laws 2001, Ch. 207, § 3.
Wyo. Stat. Ann. § 21-3-301 Purpose.
(a) It is the purpose of this article to provide opportunities for teachers, parents, pupils and community members to establish and maintain schools that operate independently from existing school districts as a method to:
(i) Improve pupil learning;
(ii) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences;
(iii) Encourage the use of different and innovative teaching methods;
(iv) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site; and
(v) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system.
Wyo. Stat. Ann. § 21-3-302 Definitions.
(a) As used in this article:
(i) "A charter school within a school" means a charter school operating within a facility or portion of a facility currently operated by the district as a public school or operated as an adjunct to a public school or schools with students attending both the charter school and the public school;
(ii) "A converted charter school" means a charter school converted from an existing public school operating within the district;
(iii) "District board" means the board of trustees of a school district elected as the governing body of the school district;
(iv) "New charter school" 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;
(v) "School district" means each school district now or hereafter legally organized as a body corporate pursuant to W.S. 21-3-101, et seq.;
(vi) "State board" means the state board of education appointed pursuant to W.S. 21-2-301.
(vii) "Authorizer" means a school district board or the Wyoming charter school authorizing board as created by W.S. 21-3-302.2(a);
(viii) "Charter" or "charter contract" means the charter contract executed between a charter school and an authorizer;
(ix) "Charter application" means the application submitted by a proposed charter school to an authorizer for the creation of a charter school;
(x) "Department" means the Wyoming department of education;
(xi) "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;
(xii) "Full-time virtual charter school" means a charter school that offers educational services primarily or completely through an online program;
(xiii) "Governing board" means the independent board of a charter school that is a party to a charter contract with the authorizer, whose members have been selected pursuant to the charter application and who are subject to the Ethics and Disclosure Act, W.S. 9-13-101 through 9-13-109.
Wyo. Stat. Ann. § 21-3-302.1 Charter school authorizers; powers and duties.
(a) Authorizers shall:
(i) Review charter school applications made to the authorizer and make a written determination on the application;
(ii) Monitor charter schools approved by the authorizer;
(iii) Make decisions on the renewal, nonrenewal and revocation of charters granted by the authorizer;
(iv) Establish and maintain policies and practices consistent with the principles and professional standards for authorizers of charter schools related to all of the following:
(A) Requirements for organizational capacity and infrastructure of the charter school;
(B) Soliciting and evaluating charter applications;
(C) Ongoing charter school oversight and evaluation;
(D) Charter application approval, renewal and revocation decision making.
(v) In determining whether to approve a charter application, the authorizer shall:
(A) Grant charters to applicants that possess competence in the elements of the charter application requirements identified in this article;
(B) Base decisions on documented evidence collected through the charter application review process.
(vi) Act as the local education agency for charter schools authorized to operate under this article to apply for, receive or administer grants through a grant program created by a federal or state statute or program which requires local education agency status.
(b) 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. Authorizers shall restrict the expenditure of funds received under this subsection for the purpose of fulfilling duties under this article and shall annually publish and submit to the state superintendent of public instruction a report detailing expenditure of funds.
(c) Repealed by Laws 2023, ch. 179, § 3.
Wyo. Stat. Ann. § 21-3-302.2 Wyoming charter school authorizing board; number of charter schools that may be authorized.
(a) There is created the Wyoming charter school authorizing board. The mission of the board is to authorize high quality public charter schools.
(b) The Wyoming charter school authorizing board shall consist of the following eight (8) members:
(i) Three (3) members appointed by the superintendent of public instruction. Each member appointed under this paragraph shall have at minimum five (5) years of experience in Wyoming in education;
(ii) The chairman of the state board of education, or the chairman's designee;
(iii) Three (3) members appointed by the governor and confirmed by the senate;
(iv) The dean of the University of Wyoming's college of education, or his designee.
(c) Each member appointed shall represent the public interest and satisfy all of the following requirements:
(i) Be a resident of the state;
(ii) Possess experience and expertise in public or nonprofit governance, management and finance, public school leadership, assessment, curriculum or instruction or public education law.
(d) Of the initial members appointed to the board, the members appointed under paragraph (b)(i) of this section shall serve two (2) year terms and the members appointed under paragraph (b)(iii) of this section shall serve four (4) year terms. Thereafter, all appointments shall be for four (4) year terms. The initial appointments shall be made not later than July 1, 2023.
(e) Members appointed to the board under paragraph (b)(i) of this section may be removed by the superintendent of public instruction. Members appointed to the board by the governor under paragraph (b)(iii) of this section may be removed in accordance with W.S. 9-1-202.
(f) Vacancies shall be appointed pursuant to subsection (b) of this section.
(g) The board shall meet not less than two (2) times each year.
(h) All appointed members of the 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.
(j) Members shall be subject to the Ethics and Disclosure Act, W.S. 9-13-101 through 9-13-109.
(k) Beginning on July 1, 2025 and notwithstanding any other provision of law, the Wyoming charter school authorizing board may authorize any number of charter schools in accordance with the requirements of this article.
Wyo. Stat. Ann. § 21-3-303 Charter school prohibitions.
(a) This article shall not prohibit any private person or organization from funding or providing other assistance for the establishment or operation of a charter school established pursuant to this article.
(b) No charter shall be granted under this article if it is determined that its sole purpose is to avoid consolidation or closure of any school or district. For purposes of this subsection, consolidation or closure applies regardless of grade configuration, building location or school or district name.
(c) No charter application shall be considered from any person, group or organization proposing to convert a private school or a nonpublic home-based educational program into a charter school.
(d) No charter school shall enter into a contract with an independent management company or education service provider without the prior written consent of the authorizer.
(e) Repealed by Laws 2021, ch. 169, § 4.
Wyo. Stat. Ann. § 21-3-304 Charter school; requirements; authority.
(a) A charter school shall be a public, nonsectarian, nonreligious, nonhome-based school which operates within a public school district. Tuition shall not be charged by a charter school to any student in grades kindergarten through twelve (12).
(b) 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 Wyoming charter school authorizing 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.
(c) A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. Enrollment decisions shall not discriminate against at-risk students or students with special education needs. 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.
(d) A charter school shall be administered and governed by a governing body in a manner agreed to by the charter contract. 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.
(e) A charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the authorizer unless the authorizer expressly assumes the obligations in writing.
(f) 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.
(g) 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:
(i) Any civil rights, health or safety requirements applicable to other public schools in the state except as specifically provided in this article;
(ii) 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;
(iii) 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.
(h) A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services and personnel matters.
(j) A charter school may negotiate and contract with a school district, the governing body of a 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 and may be negotiated as an agreement separate from a charter contract between the charter school and the authorizer. 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.
(k) 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 and adequate by the state construction department within the applicable district for operation of the charter school. 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 and may be negotiated as an agreement separate from a charter contract between the charter school and the authorizer.
(m) A charter school shall be authorized to offer any educational program that may be offered by a school district unless expressly prohibited by its charter or by state law.
(n) Repealed by Laws 2021, ch. 169, § 4.
(o) Repealed by Laws 2021, ch. 169, § 4.
(p) Admission to a charter school shall not be determined solely on academic abilities or achievements, including minimum test scores or intelligence quotient scores.
(q) Individuals compensated by an education service provider shall be prohibited from serving as a voting member on the governing board of any charter school that contracts with the education service provider unless waived by the authorizer.
(r) A charter school governing board shall have access to education service provider records as necessary to oversee the education service provider contract.
Wyo. Stat. Ann. § 21-3-305 Charter schools; contract contents; renewal; revocation; closure; appeal; regulations.
(a) An approved charter application shall serve as the basis for a contract between the charter school and the authorizer. Within seventy-five (75) days of the final approval of a charter application, the governing board and the authorizer shall execute the charter contract. The charter contract shall:
(i) Be a written instrument which is a separate document from the charter application and shall be the final authorizing document for the charter school;
(ii) Be executed by an authorizer and a charter school, with a copy submitted to the state superintendent of public instruction within five (5) days after the signature of both parties;
(iii) Confer certain rights, privileges and obligations on the charter school pursuant to this article;
(iv) Confirm the status of the charter school as a public school;
(v) Be granted for five (5) years;
(vi) 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 the first year of operation and one (1) time in each five (5) year period that the charter is in effect thereafter;
(vii) 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;
(viii) Specify the grounds for the authorizer to:
(A) Revoke the charter before the term for which the charter is granted;
(B) Not renew a charter.
(ix) 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:
(A) Evidence of adequate performance or improvement in:
(I) Assessment measures, including the statewide assessment system measures;
(II) Attendance rates;
(III) Graduation rates, if applicable;
(IV) Statewide education accountability system measures;
(V) Financial performance and stability; and
(VI) Governing board performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.
(B) Evidence of progress toward reaching the educational goals set by the charter school.
(x) Describe the method to be used to monitor the charter school's:
(A) Compliance with applicable law; and
(B) Progress in meeting targeted educational performance.
(xi) 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;
(xii) Describe specific operating requirements, including all the matters set forth in the application for the charter;
(xiii) Specify dates for the charter school to:
(A) Begin school operations; and
(B) Have students attending the charter school.
(xiv) 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;
(xv) 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;
(xvi) 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;
(xvii) Specify closure protocols to ensure students receive educational services without interruption to the greatest extent reasonably possible in the event the charter school closes for any reason.
(b) The contract between the charter school and the authorizer may be renewed pursuant to a renewal application. The renewal application shall:
(i) Include any guidance provided by the authorizer specifying performance criteria that will guide the authorizer's renewal decisions;
(ii) At a minimum, provide an opportunity for the charter school to:
(A) Present evidence, beyond the data contained in the performance report, supporting charter renewal;
(B) Describe improvements undertaken or planned for the charter school; and
(C) Detail the charter school's plans for the next charter term.
(iii) 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.
(c) Repealed by Laws 2021, ch. 169, § 4.
(d) Repealed by Laws 2021, ch. 169, § 4.
(e) Repealed by Laws 2021, ch. 169, § 4.
(f) The authorizer shall make a final decision on the renewal application not later than thirty (30) days after the filing of the renewal application under this subsection.
(g) Repealed by Laws 2023, ch. 179, § 3.
Wyo. Stat. Ann. § 21-3-306 Application for establishing charter schools; conversion of existing schools.
(a) 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 Wyoming charter school authorizing 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.
(b) Administrators and teachers employed by the district, parents of students enrolled in the district and any special district advisory group comprised of district residents may apply to the district board to convert an existing public school operating within the school district to a charter school. An application filed under this subsection shall demonstrate the support of not less than fifty percent (50%) of the teachers employed by the school who teach at the school proposed to be converted, and the parents of fifty percent (50%) of all students attending the school proposed to be converted. A converted charter school operated under this subsection is a separate school and shall have the rights and obligations provided under this article, including but not limited to the ability to hire its own employees.
(c) Instead of establishing a new charter school or a converted charter school under this section, a district board and a charter school applicant may by mutual agreement establish a charter school within a school. A charter school operated under this subsection is a separate school and shall have the rights and obligations provided under this article for new and converted charter schools. The agreement between the school board and the charter school may provide that faculty and staff at the charter school may work in both the charter school established under this subsection and other district schools. If district students attend both the charter school established under this subsection and another district school, the students shall be counted for each school in proportion to the percentage of their time spent in each school.
(d) Repealed by Laws 2023, ch. 179, § 3.
Wyo. Stat. Ann. § 21-3-307 Charter application; contents; phased-in application process.
(a) The charter school application shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include:
(i) A description of the educational program of the school, designed to identify those whom the school is attempting to educate, what it means to be an educated person in the twenty-first century and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent and lifelong learners;
(ii) The measurable pupil outcomes identified for use by the charter school. "Pupil outcomes" for purposes of this paragraph means the extent to which all pupils of the school demonstrate they have attained the skills and knowledge specified as goals in the school's educational program. "Pupil outcomes" shall include state assessments and standards;
(iii) The method by which pupil progress in meeting those pupil outcomes is to be measured;
(iv) The governance structure of the school, including but not limited to the process to be followed by the school to ensure parental, teacher and community involvement;
(v) The qualifications to be met by individuals to be employed by the school;
(vi) The procedure that the school will follow to ensure the health and safety of pupils and staff;
(vii) Admission requirements, if applicable, 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. For converted charter schools, students who attended the converted charter school the previous school year shall be given an enrollment preference. If the number of students enrolled in the converted charter school does not exceed the capacity of the school, secondary preference shall be given to students who reside within the district boundary in which the charter school is located;
(viii) 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;
(ix) The procedure by which pupils can be suspended or expelled;
(x) In accordance with this article, the manner by which staff members of the charter schools will be covered under the Wyoming retirement system and federal social security;
(xi) A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school and of any rights upon returning to the school district after employment at a charter school;
(xii) Minimum enrollment requirements;
(xiii) Evidence of adequate community support;
(xiv) Evidence that the plan for the charter school is economically sound;
(xv) A proposed budget for the term of the charter;
(xvi) Repealed by Laws 2021, ch. 169, § 4.
(xvii) Repealed by Laws 2021, ch. 169, § 4.
(xviii) The employment policies of the proposed charter school;
(xix) A proposed agreement or summary of a proposed agreement between the charter school governing board and the authorizer and, if applicable, the district regarding their respective legal liability and applicable insurance coverage;
(xx) A description of how the charter school plans to meet the transportation needs of its pupils and whether the charter school plans to provide transportation for pupils;
(xxi) In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school;
(xxii) A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation;
(xxiii) 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:
(A) Ensure adequate supports are available to the students in their homes or regions, including parent teacher conferences and interactions;
(B) Monitor student outcomes and administer state required assessments to all students in a proctored setting;
(C) Establish and implement legally permissible criteria and processes for enrollment based on the existence of supports needed for student success;
(D) 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;
(E) Provide a detailed budget for the school and propose a funding level per student for the school that is based upon that budget;
(F) 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;
(G) 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 authorizer.
(xxiv) 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:
(A) 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;
(B) 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
(C) 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.
(xxv) 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;
(xxvi) The school's plans for identifying and providing an education to all students enrolled or to be enrolled in the charter school, including but not limited to students with special education needs, students who are English language learners and gifted and talented students.
(b) Upon submission of an application under W.S. 21-3-307(a), the authorizer shall notify the applicant 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.
(c) Repealed by Laws 2021, ch. 169, § 4.
(d) 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.
(e) The Wyoming charter school authorizing 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 Wyoming charter school authorizing board.
Wyo. Stat. Ann. § 21-3-308 Hearing by authorizer; prohibited actions by authorizer; criteria; compliance with state standards; contractual authority.
(a) After receiving an application for any charter school which has been determined to be complete pursuant to W.S. 21-3-307(b), the authorizer shall hold a public hearing on the application, at which time the authorizer shall consider the level of community and parental support for the application if an application for a new charter school, or the level of teacher and parental support if an application for a converted charter school or charter school within a school. The application review process shall also include an in-person interview of the applicant or applicant group. Following review of the application and the public hearing, if applicable, and in accordance with subsection (d) of this section, the authorizer shall either approve or deny the application within one hundred twenty (120) days of receipt. In addition, the authorizer may approve an application for the operation of a converted charter school only if it determines teacher and parental support for the conversion are established at the levels required by W.S. 21-3-306(b). Prior to approving an application for a charter school under this section, the authorizer shall approve and adopt the content and terms of the charter as provided in W.S. 21-3-307.
(b) No district board of trustees or agent of the board shall require any employee of the school district to be employed in a charter school or any pupil enrolled in the school district to attend a charter school. No district board or its agent shall harass, threaten, discipline, discharge, retaliate or in any manner discriminate against any district employee involved directly or indirectly with an application to establish a charter school as authorized under this article.
(c) The applicant shall provide with the application information regarding the proposed operation and potential effects of the school, including but not limited to the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided and a demonstration that the school is adequately insured for liability, including errors and omissions coverage, and that the authorizer is indemnified to the fullest extent possible. A district board may upon request of the applicant and approval of the charter school application, make available for use by the charter school any district facility which is closed, not operational and otherwise feasible for use as an educational building as defined under W.S. 21-15-109(a)(ii).
(d) Upon the approval of any application by the authorizer, the applicant shall provide written notice of that approval including a copy of the application to the state superintendent. If the authorizer denies the application, the authorizer shall not later than forty-five (45) days following the date of its decision, notify the applicant of the denial in writing together with its reasons for denial.
(e) A charter school may contract for the provision of services and property subject to the following:
(i) The contract shall be executed in the same manner and subject to the same restrictions as contracts by a school district;
(ii) The charter school shall be subject to all competitive bidding laws which apply to a school district;
(iii) The contract shall not exceed funds available to the charter school;
(iv) The contract shall not exceed the remaining length of operation for which the charter school was approved pursuant to W.S. 21-3-309;
(v) Repealed by Laws 2021, ch. 169, § 4.
(f) A school district shall not discriminate against a charter school in publicizing the district's educational options through advertising, direct mail, availability of mailing lists or other informational activities.
(g) Charter schools shall meet the state uniform educational program standards imposed upon public schools by W.S. 21-9-101 and 21-9-102 and the uniform state student content and performance standards prescribed by the state board of education under W.S. 21-2-304, including compliance with requirements under the statewide assessment system pursuant to W.S. 21-2-304(a)(v).
(h) Those teachers employed on a full-time basis in the charter school system shall be subject to the same requirements with respect to certification by the Wyoming professional teaching standards board under W.S. 21-2-802 and other qualifications as any other teachers authorized to teach in Wyoming public schools.
Wyo. Stat. Ann. § 21-3-309 Length of operation under charter; renewal; revocation.
(a) 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.
(b) 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:
(i) A report on the progress of the charter school in achieving the goals, objectives, pupil performance standards, content standards and other terms of the initial approved charter application; and
(ii) A financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public and that will allow comparison of such costs to other schools or other comparable organizations, in a format required by the state board.
(c) A charter may be revoked or not renewed by the authorizer if the authorizer determines that the charter school did any of the following:
(i) Committed a material violation of any of the conditions, standards or procedures set forth in the charter application;
(ii) Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter application;
(iii) Failed to meet generally accepted standards of fiscal management; or
(iv) Violated any provision of law from which the charter school was not specifically exempted.
(d) Repealed by Laws 2021, ch. 169, § 4.
(e) If an authorizer revokes or does not renew a charter, the authorizer shall state its reasons for the revocation or nonrenewal.
(f) Repealed by Laws 2021, ch. 169, § 4.
(g) The charter school may appeal the authorizer's decision to revoke or not renew a charter application first to the office of administrative hearings, then to the district court where the charter school is located.
Wyo. Stat. Ann. § 21-3-310 Repealed by Laws 2021, ch. 169, § 4.
Wyo. Stat. Ann. § 21-3-311 Participation in retirement system.
(a) Repealed by Laws 2021, ch. 169, § 4.
(b) 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.
Wyo. Stat. Ann. § 21-3-312 Authorizer to report to state board.
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.
Wyo. Stat. Ann. § 21-3-313 Charter schools; employee options.
(a) Repealed by Laws 2021, ch. 169, § 4.
(b) The employment status of school district employees employed by the charter school who seek to return to employment with noncharter schools in the school district shall be negotiated with the school district and included in the charter contract.
(c) Repealed by Laws 2021, ch. 169, § 4.
Wyo. Stat. Ann. § 21-3-314 Students counted among district ADM; determination of charter school funding.
(a) Each student attending a charter school shall be counted among the average daily membership of the school district in which the school is located and the school shall be included in the district's configuration of schools reported to the state superintendent under W.S. 21-13-309(m)(iv). Average daily membership of the charter school shall be calculated as follows:
(i) Notwithstanding W.S. 21-13-309(m)(iv)(A), in the first year of operation, the average daily membership for the charter school shall be based on the following:
(A) Initial average daily membership shall be calculated based upon the March 1 list of students who intend to enroll in the charter school as required under subsection (b) of this section;
(B) The average daily membership of the charter school computed under subparagraph (i)(A) of this subsection shall be adjusted by the enrollment count taken on October 1 of the first year of operation;
(C) Repealed by Laws 2023, ch. 179, § 3.
(ii) In the second year and all subsequent years and except as otherwise provided under paragraph (iv) of this subsection, the average daily membership of the charter school shall be counted only among the average daily membership of the school district;
(iii) Repealed by Laws 2023, ch. 179, § 3.
(iv) Notwithstanding W.S. 21-13-309(m)(iv)(A), in the second and third year of charter school operation, the average daily membership of a charter school shall be based upon the prior school year average daily membership adjusted by the enrollment count taken on October 1 of the applicable school year;
(v) 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.
(b) Any approved charter school shall provide the local school district with the names, grades and school of current enrollment for all students who plan to enroll in the proposed charter school. The information shall be provided no later than March 1 of the school year preceding the school year in which the charter school plans to begin operation.
(c) The charter school shall be entitled to the following amounts:
(i) Except as provided in paragraph (vi) of this subsection, one hundred percent (100%) of the foundation program amount computed under W.S. 21-13-309(m) and 21-13-309.1 based upon the average daily membership of the charter school, less amounts generated by the charter school's membership under W.S. 21-13-309.1(c)(xxiv) and (xxvii) and less amounts specified under W.S. 21-13-309(m)(v)(E)(III) through (V);
(ii) 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;
(iii) Repealed by Laws 2023, ch. 179, § 3.
(iv) One hundred percent (100%) of the amount expended by the charter school that is eligible for reimbursement under W.S. 21-13-320 and 21-13-321 as computed under W.S. 21-13-309(m);
(v) One hundred percent (100%) of the amount expended by the charter school that is eligible for reimbursement by the department of education under W.S. 9-3-413 and 9-3-413.1;
(vi) A percentage amount calculated by dividing the charter school's average daily membership by the total average daily membership of the charter school's respective school district multiplied by the amounts generated from the foundation program amount computed under W.S. 21-13-309(m) and W.S. 21-13-309.1(c)(xxiv) and (xxvii).
(d) The charter school may also contract with the school district for centralized services provided by the district including curriculum, media services, libraries and federally required educational services such as special education.
(e) The district and the charter school may by mutual agreement fund the charter school through a specific budget for the charter school.
(f) Repealed by Laws 2023, ch. 179, § 3.
Wyo. Stat. Ann. § 21-3-401 Repealed by Laws 2026, ch. 66, § 4.
Wyo. Stat. Ann. § 21-3-402 Wyoming language and literacy program; purpose.
(a) The Wyoming language and literacy program is created.
(b) The purpose of this act is to ensure that every student in kindergarten through grade twelve (12) develops strong language and literacy skills by establishing a comprehensive system of evidence based language and literacy instruction, assessment, intervention and professional development that supports educators, engages families and promotes literacy proficiency for all Wyoming students.
Wyo. Stat. Ann. § 21-3-403 Definitions.
(a) As used in this article:
(i) "Department" means the state department of education created pursuant to W.S. 21-2-104;
(ii) "Developmental language disorder" or "DLD" means a primary language disorder that is not attributable to a known biomedical condition and is characterized by persistent difficulties learning, understanding or using language that cause functional impairment in everyday activities. The disorder may affect speaking, listening, reading and writing, may co-occur with other neurodevelopmental conditions and typically persists from early childhood into adulthood;
(iii) "Diagnostic assessment" means a valid and reliable specialized assessment used to evaluate specific areas of language and literacy for students with reading difficulties or at risk for poor reading outcomes and provide data to inform individualized reading plans and evidence based language and literacy instruction and intervention;
(iv) "District language and literacy plan" or "DLLP" means a school district's written comprehensive strategy, including professional development, progress monitoring and family engagement and intervention, to identify students with reading difficulties and deliver evidence based language and literacy instruction through a multitiered system of support for students with reading difficulties or at risk for poor reading outcomes;
(v) "Dyslexia" means a specific learning disability neurobiological in origin, characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities, typically resulting from a deficit in the phonological component of language and often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that may impede growth of vocabulary and background knowledge;
(vi) "Dyslexia screener" means a valid and reliable brief assessment used to identify students who may have characteristics associated with dyslexia and aligned with evidence based language and literacy instruction. A dyslexia screener does not diagnose dyslexia;
(vii) "Evidence based language and literacy instruction" means explicit, systematic, cumulative and diagnostic instruction grounded in the science of reading that develops accurate and fluent word recognition and language comprehension. Instruction includes, as appropriate to developmental level, phonological and phonemic awareness, sound– symbol association, decoding and encoding, syllable structure, morphology, syntax, semantics, vocabulary development, oral reading fluency, background knowledge and discourse-level comprehension, coordinated to support fluent word recognition, deep comprehension and effective written expression;
(viii) "Grade level reading proficiency" means as defined by the state superintendent and adopted in rule;
(ix) "High quality instructional materials and practices" means curriculum, instructional methods and teaching tools aligned with evidence based language and literacy instruction and supported by strong or moderate evidence of effectiveness;
(x) "Individualized reading plan" or "IRP" means a written plan developed for an individual student identified as having reading difficulties or at risk for poor reading outcomes that includes evidence based language and literacy instruction and intervention, measurable goals and progress monitoring;
(xi) "Literacy proficiency" means the ability to read, write, speak and understand language with accuracy, automaticity and effective expression in order to comprehend and communicate across content areas. Literacy proficiency includes reading fluency, which consists of rate, accuracy and expression, and integration of vocabulary knowledge, background knowledge and language comprehension that support proficient reading and written expression;
(xii) "Multitiered system of support" or "MTSS" means a tiered framework that provides universal, targeted and intensive levels of academic and behavioral support and evidence based language and literacy instruction, and uses screeners and diagnostic assessments, data-based decision making and progress monitoring to improve outcomes for all students;
(xiii) "Reading difficulties" means conditions or patterns of learning that interfere with the development of accurate and fluent word recognition, spelling or comprehension, including but not limited to dyslexia and developmental language disorder, as demonstrated by a student's performance on a screener or diagnostic assessment;
(xiv) "State superintendent" means the state superintendent of public instruction;
(xv) "Three-cueing system" means any model of teaching students to read based on meaning, structure and syntax and visual cues;
(xvi) "Universal screener" means a valid and reliable brief assessment used to identify students with reading difficulties or at risk for poor reading outcomes that is aligned with evidence based language and literacy instruction.
Wyo. Stat. Ann. § 21-3-404 School district language and literacy plans; administration of screeners and diagnostic assessments; multitiered system of support; individualized reading plans.
(a) Each school district shall adopt and implement a DLLP to ensure language and literacy competency and literacy proficiency for students in kindergarten through grade twelve (12). The DLLP shall, at a minimum:
(i) Use universal and dyslexia screeners and diagnostic assessments to assess and identify students with reading difficulties and students at risk for poor reading outcomes. After administration of a screener or diagnostic assessment, each school district shall provide the results of the student's performance on the screener or assessment administered pursuant to this paragraph to the student's parent or guardian. Screeners and diagnostic assessments shall be approved by the state superintendent pursuant to W.S. 21-3-405(a)(i) and shall be administered as follows:
(A) A dyslexia screener, once each fall, for all students in kindergarten through grade two (2);
(B) A universal screener, three (3) times each school year, for all students in kindergarten through grade three (3);
(C) A universal screener, once each school year, for all students in grades four (4) through twelve (12) who have not demonstrated grade level reading proficiency, for any student transferring into an elementary or secondary public school in the state and for any student identified as not proficient or at risk for poor reading outcomes through district procedures or recent assessments;
(D) Diagnostic assessments as appropriate for any student identified with a reading difficulty or at risk for poor reading outcomes.
(ii) Use high quality instructional materials and practices aligned with the science of reading to deliver evidence based language and literacy instruction;
(iii) Deploy an MTSS that ensures comprehensive and effective evidence based language and literacy instruction and intervention to improve the literacy proficiency of all students. The MTSS shall, at a minimum, include:
(A) Tier I, to provide explicit and systematic evidence based language and literacy instruction for all students in kindergarten through grade twelve (12);
(B) Tier II, to provide supplemental evidence based language and literacy instruction with targeted assistance and ongoing progress monitoring for students with reading difficulties;
(C) Tier III, to deliver intensive and individualized evidence based language and literacy instruction and intervention for students with significant and persistent reading difficulties.
(iv) Implement an IRP for each student identified as having reading difficulties or at risk for poor reading outcomes. An individualized education program (IEP) prepared for a student pursuant to the federal Individuals with Disabilities in Education Act shall be deemed an IRP for purposes of this paragraph. The IRP shall:
(A) Specify evidence based language and literacy instruction specific to the student's reading difficulties;
(B) Identify measurable language, literacy and reading goals and progress monitoring methods;
(C) Be integrated into the student's educational record;
(D) Be developed in collaboration with the student's parent or guardian and implemented within thirty (30) calendar days after identification of a student with reading difficulties or at risk for poor reading outcomes pursuant to paragraph (i) of this subsection. The school district shall notify the student's parent or guardian of the student's progress quarterly during the applicable school year.
(v) Prohibit the use of the three-cueing system as the only basis for teaching word recognition or decoding.
(b) Each school district with sixty percent (60%) or more students not demonstrating grade level reading proficiency, as defined by rule of the state superintendent, shall offer summer literacy camps or extended supports, including after school support and tutoring, for all students in grades one (1) through three (3) with an IRP. The instruction required pursuant to this subsection shall consist of appropriate, evidence based language and literacy instruction aligned with each student's IRP and shall include age and district appropriate hours additional instruction beyond that delivered during the regular course of the school year.
(c) Each school district shall ensure any person employed by the school district receives job embedded, practice based and ongoing literacy related professional development appropriate to their role and level of responsibility. The minimum professional development shall include opportunities for literacy coaching and leadership development to support effective implementation of evidence based language and literacy instruction. The hours and content requirements shall be as defined by rule of the state superintendent pursuant to W.S. 21-3-405(a)(ii).
(d) Not later than August 15 each year, for the prior school year, each school district shall report to the department:
(i) The percentage of students not achieving grade level reading proficiency;
(ii) The average growth, by grade, for the lowest performing ten percent (10%) of students in relation to grade level reading proficiency;
(iii) A list of the evidence based language and literacy instruction and high quality instructional materials and practices utilized by the school district;
(iv) The qualifications, as defined by rule of the state superintendent, of any person employed by the school district that delivers language and literacy instruction to students.
Wyo. Stat. Ann. § 21-3-405 Additional duties of the state superintendent; rulemaking authority.
(a) The state superintendent shall, by rule:
(i) In consultation with school districts, identify universal and dyslexia screeners, diagnostic assessments, evidence based language and literacy instruction and high quality instructional materials and practices to be utilized by school districts. School districts may request the state superintendent approve use of alternatives not incorporated in rule in the manner and form required by the state superintendent;
(ii) Establish professional development requirements related to effective language and literacy instruction for all teachers and instructional staff, differentiated by their role, level of responsibility and grade level in supporting literacy proficiency;
(iii) Define terms necessary for the administration and implementation of this act, including but not limited to, "grade level reading proficiency", "qualifications", "significant and persistent reading difficulties", the "science of reading", "progress monitoring" and "at risk for poor reading outcomes";
(iv) Ensure school districts comply with the requirements of this act through monitoring and providing technical assistance to school districts. The rules shall identify policies and procedures for imposition of corrective action plans for school districts failing to adhere to the requirements of this act.
(b) The state superintendent shall post the information reported by school districts pursuant to W.S. 21-3-404(d) to the department's website.
(c) Nothing in this article shall be construed to limit or prohibit the expenditure of federal funds or other funds for the purposes of this article.
Wyo. Stat. Ann. § 21-3-501 Driver's education programs.
(a) Subject to subsection (b) of this section, any school district providing instruction in grades nine (9) through twelve (12) for driver's education shall upon application to the department of transportation through the department of education in accordance with subsection (c) of this section, be reimbursed an amount equal to one hundred percent (100%) of the amount actually expended by the district during the immediately preceding school year for driver's education programs relating to alcohol-impaired driving. Reimbursement under this section shall be paid by the department of transportation to the qualifying district on or before October 15 of any school year.
(b) Reimbursement to school districts under this section shall be limited by the amount of federal or state funds made available for this program for any school year.
(c) Application under subsection (a) of this section shall be in a manner and form prescribed by department of transportation rule and regulation, shall include driver's education program expenditures for the applicable reporting period and shall be submitted to the department of education not later than September 1 of the appropriate school year. Expenditures qualifying for reimbursement under this section shall be subject to guidelines and standards established by department of transportation rule and regulation.
(d) The school finance section of the department of audit established under W.S. 9-1-513 shall conduct periodic audits of the information submitted within applications filed under this section and shall include the resulting audit findings within the department's annual report to the legislature required by W.S. 9-1-513(b)(viii).
(e) The department of education in consultation with the department of transportation shall provide by rule and regulation standards for driver education programs in high schools, private schools as defined in W.S. 21-4-101(a)(iii), community colleges, boards of cooperative educational services, community education programs and drivers' education schools. The department of transportation in consultation with the department of education shall adopt procedures by rule and regulation to implement the provisions of W.S. 31-7-108(a).
(f) The department shall designate and may employ a state coordinator of driver education programs to provide oversight of all driver education programs throughout the state. The responsibilities of the coordinator shall include, but not be limited to:
(i) Assuring quality driver education programs in this state;
(ii) Serving as a liaison between the department of education and the department of transportation;
(iii) Promoting driver safety throughout the state; and
(iv) Reviewing and approving driver education programs in accordance with the rules and regulations issued by the departments of education and transportation.
(g) No driver education program identified in subsection (e) of this section shall issue a certificate for purposes of W.S. 31-7-108(a) unless the school's program has first been reviewed and issued a certificate of approval by the state coordinator of driver education. Certificates of approval shall be issued only upon written application of the school, and shall be issued for such periods and in such manner as provided in rules and regulations of the department of education.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title21.pdfFetched: 10/4/2026