State Codes and Statutes

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

ARTICLE 1 - GENERAL PROVISIONS

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

TheWyoming Administrative Procedure Act shall apply to this code and no hearingshall be held or adjudications made except in compliance with its provisions.

21-2-102. Effect on functions and powers of board of trustees ofUniversity of Wyoming.

Nothingin this code shall be construed to limit or contravene the functions and powersof the board of trustees of the University of Wyoming as established by law inconformity with the constitution and laws of the state of Wyoming and the lawsof the United States.

21-2-103. Effect on functions and powers of community collegecommission.

Exceptas provided in W.S. 21-4-304 [repealed], nothing in this code shall be construedto limit or contravene the functions and powers of the community collegecommission of Wyoming as established by law.

21-2-104. State department of education established; personnel;facilities.

Thereshall be a separate and distinct state department designated as the statedepartment of education which shall be under the supervision of the statesuperintendent and consist of the state superintendent and such divisions,staffed by personnel and provided with facilities the state superintendentdetermines necessary to assist him in the proper and efficient discharge of hisrespective duties.

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

Thestate superintendent may delegate ministerial and nondiscretionary dutieswithin the department of education.

ARTICLE 2 - SUPERINTENDENT OF PUBLIC INSTRUCTION

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

Thegeneral supervision of the public schools shall be entrusted to the statesuperintendent who shall be the administrative head and chief executive officerof the department of education.

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

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

(i) Make rules and regulations, consistent with this code, asmay be necessary or desirable for the proper and effective administration ofthe state educational system. Nothing in this section shall be construed togive the state superintendent rulemaking power in any area specifically entrustedto the state board;

(ii) Consult with and advise the state board, local schoolboards, local school administrators, teachers and interested citizens, and seekin every way to develop public support for a complete and uniform system ofeducation for the citizens of this state;

(iii) Maintain adequate files and records of matters pertainingto the business of his office;

(iv) Enforce the provisions of this code and the administrativerules and regulations provided for in this code, in accordance with proceduresprovided by law;

(v) Repealed by Laws 1994, ch. 17, 2.

(vi) Repealed by Laws 1994, ch. 17, 2.

(vii) Assist the state board in the performance of its duties andresponsibilities, including providing information to the board upon request;

(viii) Prepare and maintain a list of accredited schools inWyoming;

(ix) Print and distribute to local boards of trustees, localschool administrators and other persons and agencies within or without thestate the school laws, regulations, forms, necessary reports of the stateboard, state committee, state superintendent and state department. The statesuperintendent may require the payment of reasonable costs of publication,handling and postage by persons or agencies outside the state requestingpublications and shall deposit all payments into the general fund;

(x) Promulgate rules for the acceptance and disbursement offederal funds apportioned to the state for school lunch, milk and othercommodities distribution programs. For purposes of these programs, the statesuperintendent may enter into agreements, employ personnel, direct disbursementof funds in accordance with federal law to be used by districts to operate theprograms along with funds from gifts and the sale of school lunches or othercommodities, assist in the training of personnel in the programs and acceptgifts in connection with the programs. Districts shall maintain records andreport to the state superintendent in accordance with rules promulgated underthis paragraph, but accounts and records need not be preserved more than five(5) years. The state superintendent shall audit and conduct reviews andinspections of accounts, records and operations of programs to ensure effectiveadministration and compliance with applicable law and rules. To the extentfunds are available, the state superintendent shall conduct studies todetermine methods to improve and expand school lunch programs and to promotenutritional education in the schools, including appraising nutritive benefitsof school lunch programs. For school lunch program funds, the statesuperintendent shall utilize a revolving account with a balance of at leastfive thousand dollars ($5,000.00) to cover any operating expenditures incurredby the school lunch division of the department under 7 U.S.C. section 1431,the United States department of agriculture commodity program offered to thestate and accepted by the participating schools and institutions. The schoolsand institutions shall be billed for their share pro rata of transportation andallied charges with the receipts to be used in replenishing the revolvingaccount. If the United States department of agriculture removes allcommodities from this program, the revolving account shall be discontinued andthe balance shall be transferred to the general fund;

(xi) Repealed by Laws 1994, ch. 17, 2.

(xii) Promulgate rules and provide a biennial plan and budget forthe maintenance and operation of the Wyoming school for the deaf in Casper;

(xiii) Repealed By Laws 2000, Ch. 73, 3.

(xiv) For purposes of the statewide assessment of students andreporting student performance under W.S. 21-2-304(a)(v), have authority toassess and collect student educational assessment data from school districts,community colleges and the University of Wyoming. All data shall be providedwithin a reasonable time in accordance with rules and regulations of the stateboard;

(xv) Repealed by Laws 1994, ch. 17, 2.

(xvi) Assist the Wyoming professional teaching standards board inthe performance of its duties and responsibilities under W.S. 21-2-801 and21-2-802, including providing information to the board upon request;

(xvii) Include in the agency's budget request:

(A) Recommendations to the governor for appropriations from theschool foundation program account and for appropriations to the accountnecessary to fund payments to school districts as required by law; and

(B) Recommendations to the governor for appropriations from thefoundation program for special programs.

(xviii) In accordance with W.S. 21-2-501 and 21-2-701(a)(ii) andsubject to W.S. 21-2-304(a)(iii) and 21-9-101(c), promulgate rules to assurethat each child with disabilities receives a free and appropriate education inaccordance with his capabilities, including persons who are deaf, blind or haveother physical disabilities which prevent them from reading in a normal manner;

(xix) Serve as the state agency to accept all federal funds foraid to education, except as provided in W.S. 21-2-307 and 21-2-601, and as theagency to administer or supervise the administration of any state planestablished or federal funds subject to federal requirements. Each acceptanceis restricted in its effect to the specific situation involved. The statesuperintendent may:

(A) Enter into an agreement with the proper federal agency toprocure for the state the benefits of the federal statute;

(B) Establish a state plan, if required by the federal statute,to qualify the state for the benefits of the federal statute;

(D) Provide for reports to be made to the state department ofeducation from local educational agencies receiving federal funds;

(E) Make surveys and studies in cooperation with other agenciesto determine the needs of the state with respect to the application of federalfunds;

(F) Establish standards to which agencies shall conform inreceiving federal funds;

(G) Give technical advice and assistance to any localeducational agency in connection with that agency obtaining federal funds;

(H) Take any other action as may be necessary to secure thebenefits of the federal statute to the schools of this state. Nothing in thisparagraph shall be construed as conferring any authority to the statesuperintendent with respect to the University of Wyoming or the variouscommunity colleges of the state; and

(J) Employ legal counsel to review contracts entered into by thestate superintendent in his official capacity and perform other duties asassigned by the state superintendent. Nothing in this subparagraph prohibitsthe state superintendent from using the services of the attorney general'soffice.

(xx) In cooperation with the state board, the Wyoming communitycollege commission, University of Wyoming, state telecommunications council,public service commission, department of transportation, department ofadministration and information, public libraries, school district boards oftrustees, classroom teachers and other appropriate groups identified by thesuperintendent, develop and implement a statewide education technology planwhich shall address staff training, curriculum integration and networkconnectivity in and between schools, communities and between the state and theworld, and which shall have as its goal the provision of equal access toeducational instruction and information. The statewide technology educationplan may include telecommunications services provided by the department ofadministration and information pursuant to W.S. 9-2-1026.1(d). Not later thanJanuary 10 of each year and with the assistance of participating agencies, anannual report on the status of the statewide education technology plan shall beprepared and issued by the state superintendent;

(xxi) Establish and maintain a uniform statewide reporting systembased upon the statewide student assessment implemented by the state boardunder W.S. 21-2-304(a)(v);

(xxii) In consultation with the department of environmentalquality and school districts, establish guidelines for school districts for theproper and safe storage and disposal of toxic chemicals and other hazardoussubstances used by schools in educational programs;

(xxiii) Establish statewide guidelines for adequate specialeducation staffing levels, to be used in assessing special education programsand services provided by school districts;

(xxiv) Monitor school district special education identificationand service delivery practices, assess the appropriateness of districtvariations in services provided or the delivery of services and assistdistricts in developing alternatives to service delivery as necessary;

(xxv) Measure and track district special education programs basedupon student performance and develop procedures to monitor student progressover time;

(xxvi) Establish criteria and guidelines for the identification ofvocational education courses by districts, for the computation of full-timeequivalent (FTE) students participating in vocation education courses and forthe determination of full-time equivalent (FTE) vocational education teachers,and provide for the annual collection of information necessary to implement andadminister W.S. 21-13-309(m)(v)(D);

(xxvii) Develop a process and procedures necessary forconsideration of district waivers from specified instructional andcareer-vocational education program requirements specified under W.S.21-13-309(m)(v)(D), including incentives encouraging teacher certification andprogram course sequencing compliance, subject to district submission of thefollowing:

(A) Verification of the alignment of the proposed course orprogram with the state content and performance standards for career-vocationaleducation programs;

(B) Documentation of the additional costs associated with theproposed course or program including class size and specialized equipmentneeds; and

(C) If applicable, documentation of experiences and educationof a noncertified teacher that would otherwise qualify the teacher to instructthe proposed course.

(xxviii) Establish necessary procedural and monitoring requirementsfor implementation of the career-technical education demonstration projectgrant program authorized under W.S. 21-12-105, including coordination withWyoming post secondary education institutions and industry in developingprogram procedures and components;

(xxix) By rule and regulation, provide for the reporting ofdistrict vocational education expenditures;

(xxx) Effective school year 2006-2007 and each school yearthereafter, in consultation and coordination with local school districts, byrule and regulation establish a program of administering a standardized,curriculum based, achievement college entrance examination and a job skillsassessment test selected by the state superintendent to all students in theeleventh grade throughout the state as provided in W.S. 21-3-110(a)(xxix),except that any student with an individual education plan may be excused fromtaking either the college entrance examination or the job skills test if theparent or guardian of the student submits a request for the excusal to theappropriate local school district authority. The examination and test selectedby the state superintendent, shall be administered throughout the United Statesand shall be relied upon by institutions of higher education. The collegeentrance examination shall at a minimum test in the areas of reading, writingand mathematics. The jobs skills assessment test shall at a minimum test inthe areas of applied math, reading for information and locating information. The state superintendent shall pay all costs associated with administering thecollege entrance examination and the jobs skills assessment test and shall schedulea day during which both examinations shall be provided to and one (1) shall beadministered to all eleventh grade students throughout the state. The dateshall be selected so that following receipt of scores, students may timelyregister for senior year classes which may be necessary to allow the student toqualify for a state provided scholarship. The state superintendent may enterinto agreements with an administrator of the college entrance examination andan administrator of the jobs skills assessment test and adopt rules asnecessary to ensure compliance with any requirements of an administrator, suchas a secure environment;

(xxxi) By rule and regulation and in consultation with the stateboard of education and the Wyoming professional teaching standards board,provide guidance and oversight of distance education by:

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

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

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

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

(E) Implementing a comprehensive reporting process as necessaryfor federal and state funding requirements and establishing necessary datacollection instruments and systems to monitor and improve distance educationprograms statewide.

(b) The state superintendent shall designate an employee of thedepartment of education to serve as liaison to the state board through whichrequests for staff assistance shall be directed.

(c) In addition to subsection (a) of this section, the statesuperintendent may take appropriate administrative action with the state boardas necessary, including but not limited to the changing of accreditationstatus, against any school district or state institution failing to comply withany applicable law or with the uniform educational program standards specifiedunder W.S. 21-9-101 and 21-9-102 and the student content and performancestandards prescribed by the state board.

(d) Any school district aggrieved by an act of the statesuperintendent may seek review in accordance with the Wyoming AdministrativeProcedure Act.

(e) In addition to paragraph (a)(i) of this section, the statesuperintendent shall promulgate rules and regulations governing theadministration of the Wyoming education resource block grant model adopted bythe Wyoming legislature as defined under W.S. 21-13-309, and governing theoperation of the model in determining school district foundation programpayments in accordance with chapter 13, article 3 of this title and otherapplicable law. Copies of the block grant model spreadsheets as administeredunder department rule and regulation shall be provided to school districts bythe state superintendent for district use in district budgeting and incomplying with mandatory financial reporting requirements imposed under W.S.21-13-307(b) and by other provisions of law. Following adoption of anyrecalibration of or modification to the block grant model by the Wyominglegislature, and prior to computing the foundation program amount for eachschool district under W.S. 21-13-309(p) and determining the amount to bedistributed to a district under W.S. 21-13-311 or recaptured from a districtsubject to W.S. 21-13-102(b), the state superintendent shall certify to thelegislature that the block grant model as enacted by the legislature isproperly incorporated into the administration of the model for the appropriateschool year of model application. Technical corrections to model spreadsheetsnecessary for model administration between any session of the legislature shallbe implemented by the state superintendent, shall be in accordance withprocedures specified by rule and regulation filed with the secretary of stateand shall be reported to the legislature together with the associated fiscaland technical impact of the correction. As used in this subsection,"technical corrections to model spreadsheets" means corrections necessaryto ensure model operation and current school year district payments are inaccordance with law and the model is properly computing school foundationprogram payments to school districts as required by law. Notwithstanding W.S.16-3-114(c), no judicial review of rules promulgated and adopted under thissubsection shall hold unlawful or set aside action of the state superintendentin promulgating or adopting rules unless the rules are by clear and convincingevidence, shown to exceed statutory authority.

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

(a) The department shall collect data for the state's schoolfinance system and in accordance with rule and regulation of the statesuperintendent, administer the Wyoming education resource block grant modeladopted by the Wyoming legislature pursuant to W.S. 21-13-309. As used in thissection, "school finance system" means all statutes related to theterms and conditions under which funds from Wyoming sources are made availableunder Wyoming law to the public schools for school operations. The schoolfinance system established following a 1995 Wyoming supreme court decision, andsubsequently modified and recalibrated as required under W.S. 21-13-309(t), isextremely complex and requires timely and accurate data to be administeredfairly and accurately. It is essential that a single entity be established toensure that fair and accurate administration is accomplished.

(b) Repealed By Laws 2006, Chapter 37, 2.

(i) Administer the school finance, data management and reportingsystem for the funding of the public schools, including enforcement of rulesfor compliance with submission of data to the department by school districts;

(ii) Collect data from school districts necessary for thedepartment to administer the school finance system. In accomplishing this, thedepartment shall:

(A) Coordinate its work with all other functions of thedepartment so as to consolidate data reporting requirements for schooldistricts and eliminate duplication in reporting to the greatest extentpossible;

(B) Consult with the advisory committee created undersubsection (d) of this section with respect to the type and format of data tobe reported and the administration of the system generally.

(iii) Specify formats, uniform accounting standards, proceduresand processes under which districts are required to account for and report datato the department. Electronic reporting shall be required wherever possible;

(iv) Recommend to the state superintendent proposed rules toimprove the accuracy and reliability of data and the general efficiency of theoperation of the school finance system, including requiring training fordistrict personnel with respect to accounting and reporting related to theadministration of the school finance system;

(v) Provide for the training of school district personnel withrespect to rules, policies and procedures with which districts are required tocomply in order for the department to administer the school finance system. The department may charge reasonable fees necessary to defray the costs oftraining;

(vi) Cooperate with and consult with other state agencies whichhave responsibilities related to the operation of the school finance system. This cooperation may include providing recommendations for modification torules, practices and procedures of other agencies;

(vii) Ensure that comprehensive school finance system informationis available in useful formats to state policymakers in both the executive andlegislative branches of government, as well as to the school districts and thegeneral public;

(viii) Assist the state superintendent in implementing W.S.21-13-309(m)(v)(D) and assist districts with computations necessary forreporting student vocational education participation and vocational educationinstruction information.

(d) The state superintendent of public instruction shallestablish an advisory committee consisting of not less than seven (7) members.This advisory committee shall have representatives from among Wyoming schooldistricts, other state agencies involved in the administration of the schoolfinance system, shall include the director of the department of audit or hisdesignee, and shall include at least one (1) representative from theindependent auditor community within the state. The committee shall meet atleast twice annually and at the call of the state superintendent or hisdesignee. The duties of the advisory committee are to:

(i) Recommend modifications to department rules, policies,practices and procedures to improve the accuracy of data and to improve theefficiency of the data collection process and the administration of the schoolfinance system generally;

(ii) Since accurate, timely data is essential for fairadministration of the school finance system, recommend rules or other means toensure districts comply with data reporting and other requirements necessaryfor administration of the school finance system, including proposingmodifications to subsection (e) of this section;

(iii) Serve as ongoing forum for communications between thedepartment and school districts with respect to the administration of theschool finance system.

(e) On and after July 1, 2005, the following shall apply:

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

(ii) If a district superintendent fails to provide data orreports in compliance with law or rules regarding timeliness, format,completeness or accuracy, without good cause, the state superintendent shall:

(A) Advise the district's board of trustees of thenoncompliance and require the district's board to submit a plan to correct thenoncompliance and prevent future instances of noncompliance.

(B) Repealed by Laws 2005, ch. 99, 2.

ARTICLE 3 - STATE BOARD OF EDUCATION

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

(a) There is created a state board of education composed oftwelve (12) voting members, eleven (11) of whom shall be appointed members withat least one (1) member appointed from each appointment district pursuant toW.S. 9-1-218. The remaining voting member of the board shall be the statesuperintendent of public instruction. One (1) appointed member shall beappointed at large and shall be a certified classroom teacher at the time ofappointment. One (1) appointed member shall also be appointed at large andshall be a certified school administrator at the time of appointment. Two (2)appointed members shall be appointed at large and shall be representative ofprivate business or industry in Wyoming. The remaining seven (7) appointedmembers of the board shall be appointed from among the lay citizens of thestate who are electors of the state, known for their public spirit, business orprofessional ability and interest in education. Not more than six (6)appointed members of the board shall be from one (1) political party. Membersshall be appointed for six (6) year terms, except those who may be appointed tofill unexpired terms. Members shall be appointed by the governor with theapproval of the senate. Vacancies shall be filled by the governor withoutsenate approval until the next session of the legislature. No member iseligible to reappointment, except any member appointed to fill an unexpiredterm of less than six (6) years and the term expires on or after January 1,1996, may be reappointed for one (1) additional six (6) year term. Appointedmembers of the board may be removed by the governor as provided in W.S.9-1-202.

(b) During the first quarter of the calendar year a meeting shallbe held at which a chairman shall be elected. Meetings may be held at regularintervals as often as the duties of the board require and the board shall meetat the call of the state superintendent of public instruction or the governoror the chairman whenever in the opinion of these officials, or any of them, theneed for such meeting exists.

(c) Notwithstanding subsection (a) of this section, thesuperintendent of public instruction shall not participate in boarddeliberations on or vote on any matter relating to a contested case involvingactions of the department of education.

21-2-302. Quorum; majority vote.

Amajority of the number of voting members of the state board shall constitute aquorum for the transaction of business. A majority vote of the entire stateboard shall be required for official action.

21-2-303. Expenses.

Allappointed members of the state board shall receive travel expenses, per diemand mileage expense in the same manner as employees of the state.

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

(a) The state board of education shall:

(i) Establish policies for public education in this stateconsistent with the Wyoming Constitution and statutes and may promulgate rulesnecessary or desirable for the proper and effective implementation of thistitle and its responsibilities under this title. Nothing in this section shallgive the state board rulemaking authority in any area specifically delegated tothe state superintendent;

(ii) Through the evaluation and accreditation of schooldistricts, implement and enforce the uniform standards for educational programsprescribed under W.S. 21-9-101 and 21-9-102 in the public schools of thisstate, including any educational institution receiving any state funds exceptfor the University of Wyoming and Wyoming community colleges. The board shallensure that educational programs offered by public schools in accordance withthese standards provide students an opportunity to acquire sufficient knowledgeand skills, at a minimum, to enter the University of Wyoming and Wyomingcommunity colleges, to prepare students for the job market or postsecondaryvocational and technical training and to achieve the general purposes ofeducation that equips students for their role as a citizen and participant inthe political system and to have the opportunity to compete both intellectuallyand economically in society;

(iii) By rule and regulation and in consultation and coordinationwith local school districts, prescribe uniform student content and performancestandards for the common core of knowledge and the common core of skillsspecified under W.S. 21-9-101(b), and promulgate uniform standards for programsaddressing the special needs of student populations specified under W.S.21-9-101(c) that ensure these student populations are provided the opportunityto learn the common core knowledge and skills as prescribed by the uniformstudent content and performance standards pursuant to this paragraph. Studentcontent and performance standards prescribed under this paragraph shall includestandards for graduation from any high school within any school district ofthis state and shall describe required performance levels in order to achieveproficiency of the common core of knowledge and common core of skillsprescribed under W.S. 21-9-101(b). The ability to prescribe content andperformance standards shall not be construed to give the state board ofeducation the authority to prescribe textbooks or curriculum which the stateboard is hereby forbidden to do. Graduation standards imposed under thisparagraph shall require the successful completion of the following components,as evidenced by passing grades or by the successful performance oncompetency-based equivalency examinations:

(A) Four (4) school years of English;

(B) Three (3) school years of mathematics;

(D) Three (3) school years of social studies, includinghistory, American government and economic systems and institutions, providedbusiness instructors may instruct classes on economic systems and institutions.

(iv) Establish, in consultation with local school districts,requirements for students to earn a high school diploma as measured by eachdistrict's body of evidence assessment system prescribed by rule and regulationof the state board and required under W.S. 21-3-110(a)(xxiv). A high schooldiploma shall provide for one (1) of the following endorsements which shall bestated on the transcript of each student:

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

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

(C) General endorsement which requires a student to demonstrateproficient performance in a majority of the areas of the common core ofknowledge and skills specified under W.S. 21-9-101(b) as defined by the uniformstudent content and performance standards promulgated by the state boardpursuant to paragraph (a)(iii) of this section.

(v) Through the state superintendent and in consultation andcoordination with local school districts, implement a statewide assessmentsystem comprised of a coherent system of measures that when combined, provide areliable and valid measure of individual student achievement for each publicschool and school district within the state, and the performance of the stateas a whole. Improvement of teaching and learning in schools and fosteringschool program improvement shall be the primary purposes of statewideassessment of student performance in Wyoming. The statewide assessment systemshall:

(A) Measure individual student performance and progress in amanner substantially aligned with the uniform educational program and studentcontent and performance standards imposed by law and by board rule andregulation;

(B) Be administered at appropriate levels at specified gradesand at appropriate intervals aligned to the standards, specifically assessingstudent performance in reading, writing and mathematics at grades four (4),eight (8) and eleven (11), and effective school year 2005-2006, and each schoolyear thereafter, assessing student performance in reading, writing andmathematics at grades three (3) through eight (8) and at grade eleven (11). Inaddition and commencing school year 2007-2008 and each school year thereafter,the statewide assessment system shall assess student performance in science notless than once within each grade band for grades three (3) through five (5),grades six (6) through eight (8) and grades ten (10) through twelve (12). Thestructure and design of the assessment system shall allow for the comprehensivemeasurement of student performance through assessments that are administeredeach school year simultaneously on a statewide basis and through assessmentsadministered periodically over the course of the school year which are designedto provide a more comprehensive and in-depth measurement of subject areas alignedto the state content and performance standards. The assessment system may alsomeasure the other common core of knowledge and skills established under W.S.21-9-101(b) which can be quantified;

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

(D) Measure year-to-year changes in student performance andprogress in the subjects specified under subparagraph (a)(v)(B) of this sectionand compare and evaluate student achievement during the process of studentadvancement through grade levels. The assessment system shall ensure theintegrity of student performance measurements used at each grade level toenable valid year-to-year comparisons;

(E) Include multiple measures and item types including gradeappropriate multiple choice and open-ended testing such asconstructed-response, extended-response and performance-based tasks, to ensurealignment to the statewide student content and performance standards;

(F) Provide a fair and unbiased assessment of studentperformance without regard to race, ethnicity, limited English proficiency andsocioeconomic status;

(G) Provide appropriate accommodations or alternativeassessments to enable the assessment of students with disabilities as specifiedunder W.S. 21-9-101(c)(i) and students with limited English proficiency;

(H) Provide a measure of accountability to enhance teaching andlearning in Wyoming and in combination with other measures and information,assist school districts in determining individual student progress. Theassessment results shall be reported to students, parents, schools, schooldistricts and the public in an accurate, complete and timely manner and shallbe used in conjunction with a school district's annual assessment to designeducational strategies for improvement and enhancement of student performance. This design for improvement shall be part of each district's school improvementplan. In consultation and coordination with school districts, the board shallreview and evaluate the assessment system regularly and based upon uniformstatewide reports from each district, annually report to the legislature onstudent performance at specified grade levels and on school improvement plans.

(vi) Effective school year 2005-2006 and each school yearthereafter, through the state superintendent and in consultation andcoordination with local school districts, by rule and regulation establish astatewide accountability system providing annual accountability determinationsfor all schools and school districts imposing a range of educationalconsequences resulting from accountability determinations whereby:

(A) The continuous improvement of student achievement at allschools and appropriate educational interventions fostering continuousimprovement serve as the basis for statewide accountability system design;

(B) Annual accountability determinations within the system aremade for each school based upon adequate yearly progress measures defined bythe federal No Child Left Behind Act of 2001, as may be subsequently amended,and the school's progress in improving student achievement as measured byadequate yearly progress data and by data from the district's body of evidenceassessment system required under W.S. 21-3-110(a)(xxiv) and from other relatedsources which improve the reliability of accountability determinations asprescribed by rule and regulation of the board;

(C) To the extent possible, appropriate consequences resulting fromaccountability determinations are made subject to the discretion of schooldistricts. The system shall establish a range of consequences which increasein the degree of intensity over time, with significant interventions imposedonly upon repeated failure to meet school improvement and performance criteriaover a consecutive period of time;

(D) Teacher and administrator quality and student remediationare the focus of consequences imposed upon schools failing to meet schoolimprovement and performance criteria and target levels;

(E) A range of rewards is provided to schools meeting schoolimprovement and performance criteria at levels set by the state board.

(b) In addition to subsection (a) of this section and any otherduties assigned to it by law, the state board shall:

(i) Repealed By Laws 1997 Special Session, ch. 3, 302; 1994,ch. 17, 2.

(ii) Enforce the uniform state educational program standardsimposed by W.S. 21-9-101 and 21-9-102 and the uniform student content andperformance standards established by rules and regulations adopted undersubsection (a) of this section by taking appropriate administrative action withthe state superintendent, including but not limited to the changing ofaccreditation status;

(iii) Repealed by Laws 1993, ch. 217, 3.

(iv) Repealed by Laws 1987, ch. 190, 2,5.

(v) Initiate or facilitate discussions regarding the needs ofand the means for improving education;

(vi) Repealed by Laws 1987, ch. 190, 2,5.

(vii) Repealed by Laws 1994, ch. 17, 2.

(viii) Approve or disapprove alternative scheduling for schooldistricts requesting to operate for fewer than one hundred seventy-five (175)days in school year, but no schedule shall be approved which reduces thepupil-teacher contact time defined by the state board;

(ix) Repealed by Laws 1994, ch. 17, 2.

(x) Repealed by Laws 2006, Chapter 34, 2.

(xi) Repealed by Laws 1994, ch. 17, 2.

(xii) Repealed by Laws 1994, ch. 17, 2.

(xiii) Repealed by Laws 1994, ch. 17, 2.

(xiv) Establish improvement goals for public schools forassessment of student progress based upon the national assessment ofeducational progress testing program and the statewide assessment systemestablished under paragraph (a)(v) of this section;

(xv) Promulgate rules and regulations for the development,assessment and approval of school district teacher performance evaluationsystems. Rules and regulations adopted under this paragraph shall allow eachdistrict flexibility in developing an evaluation system which meets theindividual needs of the district;

(xvi) Through the state superintendent, implement, administer andsupervise education programs and services for adult visually handicapped andadult hearing impaired persons within the state.

(c) The state board shall perform an ongoing review of stateboard duties prescribed by law and may make recommendations to the legislatureon board duties. In addition and not less than once every five (5) years, theboard shall evaluate and review the uniformity and quality of the educationalprogram standards imposed under W.S. 21-9-101 and 21-9-102 and the studentcontent and performance standards promulgated under paragraph (a)(iii) of thissection, and shall report findings and recommendations to the joint educationinterim committee of the legislature on or before December 1 of the year inwhich the review and evaluation was undertaken. The joint education interimcommittee shall report its recommendations, based upon findings andrecommendations of the state board, to the legislature during the immediatelyfollowing legislative session.

(d) Repealed by Laws 1994, ch. 17, 2.

(e) In addition to subsections (a) and (b) of this section, thestate board shall establish statewide goals for Wyoming public education.

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

(a) In addition to any other powers assigned to it by law, thestate board may:

(i) Repealed by Laws 1993, ch. 217, 3.

(ii) Require such reports and other assistance from schoolboards and officials as it may from time to time deem necessary and advisable.

21-2-306. Reports of state superintendent and state board.

Thestate superintendent and the state board shall, in accordance with W.S. 9-2-1014, report to the governor and recommend such legislation concerningeducation and appropriations for educational activities as they may deemappropriate.

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

(a) The state board of education acts as the state board ofvocational education and may promulgate rules necessary to implement thissection. The executive director of the community college commission isdesignated an ex officio member of the state board of vocational education.

(b) In addition to other duties assigned under W.S. 21-2-304,the state board shall review career-vocational education programs offered byschool districts to ensure the programs satisfactorily serve the needs ofstudents within the state and are aligned with state content and performancestandards prescribed in accordance with W.S. 21-2-304(a)(iii).

ARTICLE 4 - PRIVATE SCHOOL LICENSING

21-2-401. License required; registration required for private degreegranting post secondary education institutions; department of education to administerand set minimum standards for licensure.

(a) Except as provided by subsection (b) of this section, alltrade, correspondence, distance education, technical, vocational, business orother private schools which are located within the state or have theirprincipal place of business out of state but are doing business in the state,shall be licensed under this article before operating or doing business in thisstate.

(b) Any private degree granting post secondary educationinstitution shall prior to operating or doing business in this state orcontinuing to operate or do business in this state, notify the department ofeducation pursuant to W.S. 21-2-402(f) or be registered with the department inaccordance with this article.

(d) The department shall establish minimum standards for allschools described in subsection (a) of this section and provide for theinvestigation and evaluation of the schools as necessary to administer thisarticle.

21-2-402. Licensure; registration of private degree granting postsecondary education institutions; fees; suspension and revocation; notificationupon entry into state.

(a) Schools specified under W.S. 21-2-401(a) excluding those schoolsexempt under W.S. 21-2-406 and private degree granting post secondary educationinstitutions subject to subsections (b) and (f) of this section, shall pay anannual license fee established by rule and regulation of the department in anamount that, to the extent practicable, generates a total revenue from the feescollected that approximates but does not exceed the direct and indirect costsof administering the regulatory provisions required under this article.

(b) Except as provided by subsection (f) of this section,private degree granting post secondary education institutions shall annuallyapply to the department of education for registration under this article. Application shall be in a manner and on a form prescribed by the department andshall include documentation or other verification of accreditation by anaccrediting association recognized by the United States department of educationor verification of candidacy or verification of otherwise being in theapplication process status for accreditation. Except as otherwise providedunder this subsection, an annual registration fee of one hundred dollars($100.00) shall be collected by the department prior to issuing a registrationcertificate under this article. If the applicant is a candidate foraccreditation or is otherwise in the application process for accreditation, andthe applicant submits verification of candidacy or application status togetherwith a performance bond or other form of security required under W.S. 21-2-405,the department shall collect an annual registration fee of one thousand dollars($1,000.00) for each year the applicant institution remains a candidate orcontinues the application process, up to a period of not to exceed five (5)years, until the institution receives accreditation or upon refusal ofaccreditation by the accrediting association, whichever first occurs. Theperiod of candidacy or otherwise in the application process status expires atthe end of the five (5) year period or at the time the applicant is refusedcandidacy or application status or accreditation by the accreditingassociation, or otherwise loses candidacy or application status, whicheveroccurs first, and the applicant shall not operate or conduct business in thisstate unless, upon a showing of good cause by the applicant, the departmentfinds the five (5) year period of candidacy or applicant status should beextended. As used in this article, "candidate for accreditation orotherwise in the application process" means that within three (3) monthsof first enrolling students, or by July 1, 2006, for any private degreegranting post secondary education institution licensed to operate or dobusiness under this article prior to July 1, 2006, the private degree grantingpost secondary education institution has applied for accreditation by anaccrediting association recognized by the United States department of educationand is being considered for candidacy status or for accreditation by thatassociation and is in the process of gathering information and performingactivities requested by that association to complete the application process.

(i) Repealed by Laws 2006, Chapter 34, 2.

(ii) Repealed By Laws 2006, Chapter 34, 2.

(iii) Repealed By Laws 2006, Chapter 34, 2.

(iv) Repealed By Laws 2006, Chapter 34, 2.

(v) Repealed By Laws 2006, Chapter 34, 2.

(vi) Repealed By Laws 2006, Chapter 34, 2.

(vii) Repealed By Laws 2006, Chapter 34, 2.

(viii) Repealed By Laws 2006, Chapter 34, 2.

(ix) Repealed By Laws 2006, Chapter 34, 2.

(x) Repealed By Laws 2006, Chapter 34, 2.

(xi) Repealed By Laws 2006, Chapter 34, 2.

(xii) Repealed By Laws 2006, Chapter 34, 2.

(d) Subject to the requirements of the Wyoming AdministrativeProcedure Act, the department may suspend or revoke a registration certificateissued under this section to any private degree granting post secondaryeducation institution for loss of accreditation status or loss of accreditationcandidacy or application status during any registration period.

(e) All fees collected under this section shall be depositedinto the general fund.

(f) Any private degree granting post secondary educationinstitution entering this state after July 1, 2006, with the intent ofoperating and doing business in this state, shall notify the department ofeducation in a manner and within the time prescribed by rule and regulation ofthe department. Notification shall include submission of a performance bond orother form of security in an amount and in the manner prescribed by W.S.21-2-405.

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

(a) Agents of those schools or institutions specified underW.S. 21-2-401(a) or (b) who operate in the state and agents employed to solicitresident students by schools or institutions located outside the state whichare similar to schools or institutions specified under W.S. 21-2-401(a) or (b),shall be licensed under this article before soliciting students andrepresenting schools or institutions in this state.

(b) The department of education shall regulate qualificationsof agents licensed under this section and shall establish a license fee in anamount that, to the extent practicable, the total revenue generated from thefees collected approximates, but does not exceed, the direct and indirect costsof administering the regulatory provisions required for the administration ofthis article. Fees collected under this subsection shall be deposited in thegeneral fund.

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

(a) No person shall operate a school or institution as definedin W.S. 21-2-401 in Wyoming and no private school or institution shall conductbusiness in Wyoming without first obtaining a license, registration orproviding notification under this article.

(b) Unless the school or institution, proprietor or its agenthas been licensed, registered or has provided notification as required underthis article, no official or employee of the Wyoming state department ofeducation, any college or university within the state or any school districtwithin the state, shall:

(i) Permit the school or institution, or proprietor or agentthereof, to solicit business in any public school within this state; and

(ii) Provide any list of students or other list of prospects tothe school, institution or proprietor or agent thereof.

(d) No school or institution licensed, registered or providingnotification under this article shall claim or advertise to prospective orenrolled students that it is accredited in the United States unless the namedaccrediting association, commission or other entity is approved by the UnitedStates department of education, and if an institution described under W.S.21-2-401(b), is accepted by the department.

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

(a) Before any school is issued a license under this articleand before any private degree granting post secondary education institutionoperates in this state under a registration issued under accreditationcandidacy or application status or under notification pursuant to W.S.21-2-402(f), it shall submit to the department of education a performance bondor other form of security prescribed by rule and regulation of the department.The bond or other form of security shall be in an amount specified by departmentrule and regulation subject to limitations prescribed by this subsection. Thebond for private schools and for private degree granting post secondaryeducation institutions applying for registration under accreditation candidacyor application status pursuant to W.S. 21-2-402(b) or notifying the departmentunder W.S. 21-2-402(f), except those schools excluded under subsection (b) ofthis section and accredited private degree granting post secondary educationinstitutions registered under this article, shall be not more than ten thousanddollars ($10,000.00). The bonds or other form of security shall be approved bythe attorney general and shall be renewed annually as long as the schoolretains its license to do business in Wyoming or until the institution receivesaccreditation. The performance bond or other form of security is to assureprotection of all persons enrolled in a course of study who may be aggrieved byany school doing business or operating in the state. The department ofeducation is custodian of all bonds and other securities filed under thissection and may render administrative but not legal assistance to all aggrievedpersons who may be entitled to relief under the bond.

(b) This section shall not apply to private elementary orsecondary schools described under W.S. 21-2-401(a) and otherwise subject tothis article.

21-2-406. Schools exempted; definition.

(a) This article does not apply to:

(i) Any parochial, church or religious school as defined byW.S. 21-4-101(a)(iv) which is maintained by a church, religious denomination orreligious organization comprised of multidenominational members of the samerecognized religion, lawfully operating the school or institution pursuant toapplicable laws governing its organization, and the school or institution:

(A) Offers elementary and secondary education programs only; or

(B) Repealed By Laws 2006, Chapter 34, 2.

(C) Operates as a degree granting post secondary educationinstitution, provides instruction through means not defined as distanceeducation and the institution:

(I) Issues diplomas or degrees restricted to the beliefs andpractices of the affiliated church, religious denomination or religiousorganization and includes a statement on the face of issued diplomas or degreesand course transcripts referencing the theological or religious nature of thesubject area for which any diploma or degree is awarded, clearly reflecting thenature of the diploma title as "Diploma of Religious Studies" ordegree title as "Associate of Religious Studies", "Associate ofArts of Religious Studies", "Bachelor of Religious Studies" or"Bachelor of Arts of Religious Studies";

(II) Annually files with the department evidence of nonprofitreligious organization status for purposes of federal taxation and organizationunder the laws of this state; and

(III) On and after the effective date of this act for anyinstitution not currently operating in this state, not less than sixty (60)days prior to first issuing any degree under this subparagraph, reports to thedepartment any degree which the institution will award and the religiousaffiliation the institution maintains.

(ii) A home-based educational program as defined by W.S.21-4-101(a)(v);

(iii) Aircraft flight training schools approved and authorized bythe federal aviation agency of the United States of America; or

(iv) A nondegree granting school teaching techniques of outdoorrecreation, leadership, ecology or conservation domiciled in the state ofWyoming.

(b) Repealed By Laws 2006, Chapter 34, 2.

(c) For the purposes of this section, "distanceeducation" means the teacher and student are physically separated by timeor space and connected by means of a communications source used to providesynchronous or asynchronous instruction.