(i) "Unexcused absence" means the absence, as definedin the policies of the local board of trustees, of any child required by thisarticle to attend school when such absence is not excused to the satisfactionof the board of trustees by the parent, guardian, or other person having controlof such child;
(ii) "Habitual truant" means any child with five (5)or more unexcused absences in any one (1) school year;
(iii) "Private school" is any nonpublic, elementary orsecondary school providing a basic academic educational program for childrenand may include parochial and church or religious schools and home-basededucational programs;
(iv) "Parochial, church or religious school" is oneoperated under the auspices or control of a local church or religiouscongregation or a denomination established to promote and promulgate thecommonly held religious doctrines of the group though it may also include basicacademic subjects in its curriculum. Nothing contained in W.S. 21-4-102(b),21-2-401 or 21-2-406 grants to the state of Wyoming or any of its officers,agencies or subdivisions any right or authority to control, manage, superviseor make any suggestions as to the control, management or supervision of anyparochial, church or religious school which meets the requirements of W.S. 21-2-406(a);
(v) A home-based educational program means a program ofeducational instruction provided to a child by the child's parent or legalguardian or by a person designated by the parent or legal guardian. Aninstructional program provided to more than one (1) family unit does notconstitute a home-based educational program;
(vi) "Basic academic educational program" is one thatprovides a sequentially progressive curriculum of fundamental instruction inreading, writing, mathematics, civics, history, literature and science. Thesecurriculum requirements do not require any private school or home-basededucational program to include in its curriculum any concept, topic or practicein conflict with its religious doctrines or to exclude from its curriculum anyconcept, topic or practice consistent with its religious doctrines.
21-4-102. When attendance required; exemptions; withdrawal.
(a) Every parent, guardian or other person having control orcharge of any child who is a resident of this state and whose seventh birthdayfalls on or before September 15 of any year and who has not yet attained hissixteenth birthday or completed the tenth grade shall be required to send suchchild to, and such child shall be required to attend, a public or privateschool each year, during the entire time that the public schools shall be insession in the district in which the pupil resides; provided, that the board oftrustees of each school district may exempt any child from the operation ofthis article when:
(i) The board believes that compulsory attendance in schoolwould be detrimental to the mental or physical health of such child or theother children in the school; provided, the board may designate at the expenseof the district a medical doctor of its choice to guide it and support it inits decision;
(ii) The board feels that compulsory school attendance mightwork undue hardship. The board may conduct a hearing on issues pursuant tothis paragraph by executive session; or
(iii) The child has been legally excluded from the regularschools pursuant to the provisions of W.S. 21-4-306.
(b) A home-based educational program shall meet therequirements of a basic academic educational program pursuant to W.S.21-4-101(a)(vi). It shall be the responsibility of every person administeringa home-based educational program to submit a curriculum to the local board oftrustees each year showing that the program complies with the requirements ofthis subsection. Failure to submit a curriculum showing compliance is primafacie evidence that the home-based educational program does not meet therequirements of this article.
(c) In addition to subsection (a) of this section, the parent,guardian or other person having control or charge of any child under the age ofeighteen (18), who has not otherwise notified the district of enrolling thatchild in a different school district or in a private school or home-basededucational program, shall meet in person with a school district counselor oradministrator to provide the school district with written consent to thewithdrawal of that child from school attendance.
21-4-103. Enforcement of article; appointment and compensation ofattendance officers.
Theprimary responsibility for the enforcement of this article shall be upon theboard of trustees of the school district, which shall appoint an attendanceofficer or officers to carry out the provisions of this article. Said officershall be paid out of the district treasury such sum as may be provided in theorder of appointment.
21-4-104. Duties of attendance officers.
(a) Subject to the policy of the board of trustees, it shall bethe duty of each attendance officer to:
(i) Counsel with students, parents, guardians or custodians andteachers; and to investigate the causes of unexcused absences;
(ii) Give written notice to the parent, guardian, or custodianof any child having an unexcused absence that the attendance of such child atschool is required by law. If after such notice has been given, the child hasa second unexcused absence, which the attendance officer reasonably believeswas due to the willful neglect or failure of the parent, guardian, or custodianof the child, then he shall make and file a complaint against such parent,guardian, or custodian of such child before the district court for theviolation of W.S. 21-4-102.
21-4-105. Penalty for failure of parent, guardian or custodian tocomply with article.
Anyparent, guardian or custodian of any child to whom this article applies whowillfully fails, neglects, or refuses to comply with the provisions of thisarticle shall be guilty of a misdemeanor and shall be punished by a fine of notless than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or byimprisonment in the county jail not more than ten (10) days or by both suchfine and imprisonment.
21-4-106. List of children of school age to be furnished; notice ofunexcused absences.
Atthe beginning of each school year, the board of trustees shall furnish eachdistrict attendance officer a list of the names of the children of compulsoryschool age within the district who are enumerated on the regular enumerationlists. The person in charge of each school within the district shall notifyeach district attendance officer promptly in writing of all cases of unexcusedabsence so that the attendance officer may proceed according to the provisionsof this article.
21-4-107. Notice to district attorney of habitual truancy; duty ofdistrict attorney.
Whenthe board of trustees of any school district shall determine that a child is anhabitual truant as defined by this article the board or its attendance officershall notify the district attorney who shall then initiate proceedings in theinterest of the child under the Juvenile Court Act.
ARTICLE 2 - ENUMERATION
21-4-201. Repealed by Laws 1979, ch. 75, 2.
21-4-202. Repealed by Laws 1979, ch. 75, 2.
21-4-203. Repealed by Laws 1979, ch. 75, 2.
ARTICLE 3 - RIGHT TO ATTEND SCHOOL
21-4-301. Schools to be free and accessible to all children; minimumschool year.
Except as otherwise provided by law, thepublic schools of each school district in the state shall at all times beequally free and accessible to all children resident therein of five (5) yearsof age as of September 15 of the applicable school year and under the age oftwenty-one (21), subject to regulations of the board of trustees. Each schooldistrict shall operate its schools and its classes for a minimum of one hundredseventy-five (175) days each school year unless an alternative schedule hasbeen approved by the state board. Prior to submission of a proposedalternative schedule to the state board, the board of trustees shall hold atleast two (2) advertised public meetings within the district, at which theboard shall present the proposed alternative schedule and respond to publicquestions and comments. Any school district operating under an alternativeschedule shall annually evaluate the effectiveness of that schedule in meetingthe educational goals and purposes for which the schedule was adopted.
21-4-302. Age for registration in first grade and kindergarten;preschool programs.
(a) A pupil may register in the first grade in the publicschools of this state in the year in which his sixth birthday falls on orbefore September 15.
(b) A pupil may register in kindergarten in the public schoolsof this state in the year in which his fifth birthday falls on or beforeSeptember 15.
(c) The board of trustees of a school district may permit theenrollment of pupils in a part-time preschool program with a curriculum basedon developmentally appropriate practices funded by the district. The schooldistrict may:
(i) Contract with a preschool program to operate the preschool.The program may use school district facilities or facilities which are providedby others and may utilize the services of personnel who are not school districtpersonnel and which are provided by others;
(ii) Establish a minimum attendance age for the program, but apupil must have attained at least his third birthday on or before September 15of the year in which that pupil enrolls. A pupil who enrolls in such apreschool program shall not be included within the district's average dailymembership (ADM) for purposes of receiving state funds or within any otherschool funding formula for purposes of receiving funds from the state, unlessthe pupil has attained the minimum age for registration in kindergarten asprovided in subsection (b) of this section;
(iii) Provide, or contract with an outside organization toprovide, technical assistance, including occasional classroom instructionregardless of the regularity of such occasional classroom instruction, topreschool programs. Technical assistance may be provided to preschool programson the basis of location, date of application for such assistance by a program,random selection of a program, or family income, home location, eligibility fora federal program or other socioeconomic characteristics which correlate withrisk for unsuccessful academic performance of pupils attending the program. Nopreschool program shall be required to receive such technical assistance. Adistrict shall not receive any additional financial assistance from the stateif the district chooses to provide technical assistance to a preschool programunder this paragraph.
(d) A program shall not discriminate in enrollment on the basisof sex, race, religion or national origin.
(e) A school district which provides a preschool program undersubsection (c) of this section biennially shall assess, through the fourthgrade when practical, the school readiness and academic performance of pupilswho participate in the program as compared with those who do not participate inthe program. The district shall report the results of the assessment to thedepartment of education and the department shall report the results to thejoint education interim committee of the legislature on or before October 1 ofeach even numbered year. The results of any assessment required by thissubsection shall be open for public inspection.
(f) Nothing in this section supersedes W.S. 21-2-701 through21-2-705.
21-4-303. Right not denied on account of sex, race or religion.
Nochild shall be denied the right to attend the public schools of this state onaccount of sex, race, or religion.
21-4-304. Repealed by Laws 1991, ch. 138, 1.
21-4-305. Suspension or expulsion; authority; procedure.
(a) The board of trustees of any school district may delegateauthority to disciplinarians chosen from the administrative and supervisorystaff to suspend any student from school for a period not to exceed ten (10)school days. In addition, the board of trustees shall, subject to thecase-by-case modification permitted by this subsection, require the districtsuperintendent to expel from school for a period of one (1) year any studentdetermined to possess, use, transfer, carry or sell a deadly weapon as definedunder W.S. 6-1-104(a)(iv) within any school bus as defined by W.S.31-7-102(a)(xl) or within the boundaries of real property used by the districtprimarily for the education of students in grades kindergarten through twelve(12). The superintendent with the approval of the board of trustees may modifythe period of expulsion on a case-by-case basis based upon the circumstances ofthe violation. Upon a violation of this subsection and following notice andhearing requirements of this section, the superintendent shall notify thedistrict attorney of the violation together with the specific act in violationof this subsection and the name of the student violating this subsection. Nothing in this subsection prohibits a district from providing educationalservices to the expelled student in an alternative setting.
(b) The disciplinarian shall give the student to be suspendedoral or written notice of the charges against him and an explanation of theevidence the authorities have. The disciplinarian shall give the student to besuspended an opportunity to be heard and to present his version of the chargesagainst him. No student shall be removed from school without such notice andopportunity to be heard, except as provided by subsection (c) of this section.
(c) The disciplinarian shall give the student to be suspendedthe opportunity to be heard as soon as practicable after the misconduct, unlessthe student's presence endangers persons or property, or threatens disruptionof the academic process, in which case his immediate removal from school may bejustified, but the opportunity to be heard shall follow as soon as practicable,and not later than seventy-two (72) hours after his removal, not countingSaturdays and Sundays. Written notice of suspension shall be sent to thestudent's parents, guardians or custodians within twenty-four (24) hours of thedecision to conduct them.
(d) The board of trustees of any school district or thesuperintendent if designated, may suspend a student for a period exceeding ten(10) school days or may expel a student for a period not to exceed one (1) year,provided the student is afforded an opportunity for a hearing in accordancewith the procedures of the Wyoming Administrative Procedure Act.
(e) Suspension or expulsion shall not be imposed as anadditional punishment for offenses punishable under the laws of the state,except for expulsion by a district superintendent under subsection (a) of thissection, or where the offense was committed at a school function, against theproperty of the school, or is of such nature that continuation of the child inschool would clearly be detrimental to the education, welfare, safety or moralsof other pupils. No suspension or expulsion shall be for longer than one (1)year.
(f) Any decision of the board, or of a designatedsuperintendent, shall be considered a final decision which may be appealed tothe district court of the county in which the school district is located,pursuant to provisions of the Wyoming Administrative Procedure Act. The courtmay, on application or on its own motion, stay the decision of the board orsuperintendent pending appeal, considering both the best interests of the childand the need to maintain an orderly environment conducive to learning for otherchildren.
21-4-306. Suspension or expulsion; grounds.
(a) The following shall be grounds for suspension or expulsionof a child from a public school during the school year:
(i) Continued willful disobedience or open defiance of theauthority of school personnel;
(ii) Willful destruction or defacing of school property duringthe school year or any recess or vacation;
(iii) Any behavior which in the judgment of the local board oftrustees is clearly detrimental to the education, welfare, safety or morals ofother pupils, including the use of foul, profane or abusive language or habituallydisruptive behavior as defined by subsection (b) of this section;
(iv) Torturing, tormenting, or abusing a pupil or in any waymaltreating a pupil or a teacher with physical violence;
(v) Possession, use, transfer, carrying or selling a deadlyweapon as defined under W.S. 6-1-104(a)(iv) within any school bus as defined byW.S. 31-7-102(a)(xl) or within the boundaries of real property used by thedistrict primarily for the education of students in grades kindergarten throughtwelve (12).
(b) As used in paragraph (a)(iii) of this section,"habitually disruptive behavior" means overt behavior willfullyinitiated by a student causing disruption in the classroom, on school grounds,on school vehicles or at school activities or events, which requires theattention of a teacher or other school personnel.
21-4-307. Denial of admission to school.
(a) The board of trustees of any school district within thestate may deny admission to any child who:
(i) Has completed the twelfth grade; or
(ii) Has such a mental or physical disability that based upon aphysician's certificate the board believes such child could not reasonablybenefit from the programs available or the attendance of such child would beinimical to the health, safety, or welfare of other pupils; provided, that theboard shall make the best possible provision for suitable and adequateeducation of such child in accordance with the laws of this state.
21-4-308. Punishment and disciplinary measures; denial of diploma orcredit.
(a) Each board of trustees in each school district within thestate may adopt rules for reasonable forms of punishment and disciplinarymeasures. Subject to such rules, teachers, principals, and superintendents insuch district may impose reasonable forms of punishment and disciplinarymeasures for insubordination, disobedience, and other misconduct.
(b) Teachers, principals and superintendents in each districtshall be immune from civil and criminal liability in the exercise of reasonablecorporal discipline of a student as authorized by board policy.
(c) No diploma or credit for a course which has been completedsuccessfully shall be denied a pupil who has earned it; provided, such diplomaor credit shall not be deemed earned until payment has been made for allindebtedness due to the school district.
21-4-309. Mandatory immunizations for children attending schools;exceptions.
(a) Any person attending, full or part time, any public orprivate school, kindergarten through twelfth grade, shall within thirty (30)days after the date of school entry, provide to the appropriate school officialwritten documentary proof of immunization. For purposes of this section,documentary proof of immunization is written certification by a privatelicensed physician or his representative or by any public health authority,that the person is fully immunized. Documentation shall include month, day andyear of each required immunization received against vaccine preventable diseaseas designated by the state health authority. No school administrator shallpermit a student to attend school for more than thirty (30) calendar dayswithout documentary proof of immunization. If immunization requires a seriesof immunizations over a period of more than thirty (30) calendar days, thechild shall be permitted to attend school while receiving continuingimmunization if the school administrator receives written notification by aprivate licensed physician or his representative or by a public healthofficial, specifying a written schedule for necessary immunization completionwithin the medically accepted time period. Waivers shall be authorized by thestate or county health officer upon submission of written evidence of religiousobjection or medical contraindication to the administration of any vaccine. Inthe presence of an outbreak of vaccine preventable disease as determined by thestate or county health authority, school children for whom a waiver has beenissued and who are not immunized against the occurring vaccine preventabledisease shall be excluded from school attendance for a period of timedetermined by the state or county health authority, but not suspended fromschool as provided in W.S. 21-4-305. Children excluded from school attendanceunder this section shall not be counted in the aggregate number of pupilsabsent as defined in W.S. 21-13-101(a)(i).
(b) The school administrator shall be responsible for an auditof the immunization status of any child enrolled in the school in accordancewith rules and regulations prescribed by the department of health.
(c) The written documented proof of immunization on a formprovided by the state health officer shall be an integral part of the child'sschool record.
(d) For purposes of this section:
(i) "State health officer" means the person appointedby the director of the department of health pursuant to W.S. 9-2-103;
(ii) "County health officer" means the licensedmedical officer designated by the county commissioners to serve as healthofficer for his county;
(iii) "Immunized" or "immunization" meansinitial immunization and any boosters or reimmunizations required to maintainimmunization pursuant to the immunization standards and recommendations issuedby the state health officer.
21-4-310. Self-administration of medication for potentially lifethreatening conditions.
(a) The district board shall permit a student to possess andself-administer within any school of the district medication required forpotentially life threatening conditions if a written statement is submitted tothe district containing applicable:
(i) Parental verification that the student is responsible forand capable of self-administration and parental authorization forself-administration of medication required for potentially life threateningconditions;
(ii) Health care provider identification of the prescribed orauthorized medication required for potentially life threatening conditions andverification of the appropriateness of the student's possession andself-administration of the medication required for potentially life threateningconditions.
(b) The written statement shall be prescribed by the departmentof education, with the assistance of the department of health, and shallrequire the signatures of the parent or guardian of the student and thestudent's physician or physician's representative.
(c) As used in this section:
(i) "Asthma medication" means prescription ornonprescription inhaled asthma medication;
(ii) "Potentially life threatening conditions" includes,but is not limited to asthma, food allergies and insect bites;
(iii) "Medication required for potentially life threateningconditions" includes, but is not limited to asthma medication andprescription single dose epinephrine pens.
21-4-311. Safe school climate act; short title.
This act shall be known and may be cited as the "SafeSchool Climate Act".
21-4-312. Definitions.
(a) As used in this act:
(i) "Harassment, intimidation or bullying" means anyintentional gesture, any intentional electronic communication or anyintentional written, verbal or physical act initiated, occurring or received atschool that a reasonable person under the circumstances should know will havethe effect of:
(A) Harming a student physically or emotionally, damaging astudent's property or placing a student in reasonable fear of personal harm orproperty damage;
(B) Insulting or demeaning a student or group of studentscausing substantial disruption in, or substantial interference with, theorderly operation of the school; or
(C) Creating an intimidating, threatening or abusiveeducational environment for a student or group of students through sufficientlysevere, persistent or pervasive behavior.
(ii) "School" includes a classroom or other locationon school premises, a school bus or other school-related vehicle, a school busstop, an activity or event sponsored by a school, whether or not it is held onschool premises, and any other program or function where the school isresponsible for the child;
(iii) "This act" means W.S. 21-4-311 through 21-4-315.
21-4-313. Prohibition against harassment, intimidation or bullying;reporting to school officials.
(a) No person shall engage in:
(i) Harassment, intimidation or bullying; or
(ii) Reprisal or retaliation against a victim, witness or personwho reports information about an act of harassment, intimidation or bullying.
21-4-314. School district implementation; state policies, training andtechnical assistance.
(a) Not later than December 31, 2009, each school districtshall adopt a policy prohibiting harassment, intimidation or bullying atschool. The school district shall involve parents and guardians, schoolemployees, volunteers, students, administrators and community representativesin the process of creating the policy. Policies created under this sectionshall be continuously reviewed and may be revised as necessary.
(b) The policy prohibiting harassment, intimidation or bullyingshall include, without limitation:
(i) A statement prohibiting harassment, intimidation orbullying of a student;
(ii) A definition of "harassment, intimidation orbullying" which includes at minimum the definition as provided in W.S.21-4-312(a)(i);
(iii) Consequences and appropriate remedial actions for personscommitting acts of harassment, intimidation or bullying or engaging in reprisalor retaliation;
(iv) Procedures for reporting and documenting acts ofharassment, intimidation or bullying, including a provision for reportinganonymously. However, formal disciplinary action shall not be taken solely onthe basis of an anonymous report. The procedures shall identify theappropriate school personnel responsible for receiving a report andinvestigating a complaint;
(v) Procedures for prompt investigation of reports orcomplaints of serious violations;
(vi) A statement that prohibits reprisal or retaliation againsta person who reports or makes a complaint of harassment, intimidation orbullying;
(vii) A strategy for protecting a victim from additionalharassment, intimidation or bullying, and from retaliation following a report;
(viii) Consequences and appropriate remedial action for a personwho is found to have made a false accusation, report or complaint;
(ix) A process for discussing the district's harassment,intimidation or bullying policy with students; and
(x) A statement of how the policy is to be publicized,including notice that the policy applies to participation in functionssponsored by the school.
(c) To assist local school districts in developing a policyunder subsection (b) of this section, the department of education shall notlater than September 1, 2009, develop model policies applicable to gradeskindergarten through twelve (12) and teacher preparation program standards on theidentification and prevention of bullying. In addition, the department shallprovide necessary training programs and technical assistance to districts incarrying out this act.
(d) Each local school board shall include the policy adopted bya school district pursuant to this section in a publication of thecomprehensive rules, procedures and standards of conduct for schools of aschool district and in each school's student's handbook.
(e) Information regarding the school district's policy againstharassment, intimidation or bullying shall be incorporated into each district'sprofessional development programs and shall be provided to volunteers and othernoncertified employees of the district who have significant contact withstudents.
(f) School districts may establish bullying prevention programsor other initiatives and may involve school staff, students, administrators,volunteers, parents, law enforcement and community members.
21-4-315. Applicability; no civil liability created; immunity.
This article shall not be interpreted to prevent a victimfrom seeking redress pursuant to any other applicable civil or criminal law. This article does not create or alter any civil cause of action for monetarydamages against any person or school district nor shall it constitute groundsfor any claim or motion raised by either the state or defendant in anyproceedings, except that the defense of immunity shall be retained and may beasserted in any action arising under this act.
ARTICLE 4 - ISOLATION
21-4-401. Transportation or maintenance for isolated pupils.
(a) The board of trustees of any school district within thestate shall provide transportation or maintenance for isolated elementary,middle, junior high or high school pupils resident within the district,whenever it would be in the best interests of the affected children to providetransportation or maintenance than to establish a school to serve these pupils,and for those isolated pupils resident within the district who are attending aschool in another district pursuant to W.S. 21-4-502. Amounts paid under thissection shall be subject to subsections (d) and (e) of this section and shallnot exceed the actual costs incurred by parents or pupils.
(b) The state superintendent shall adopt reasonable rules andregulations pertaining to residence requirements establishing eligibility underthis section and for provision of tuition and transportation or maintenance. Noperson is eligible as an isolated pupil under this section unless the pupil'sparents or legal guardians demonstrate to the local school board that thefamily's residing in the isolated location is necessary for the family'sfinancial well being. The burden shall be on the parent or guardian todemonstrate that the family's residing in the isolated location is necessaryfor the family's financial well being. The final decision as to eligibilityshall be made by the district board of trustees.
(c) The rights accorded under this section shall be enforceableby writ of mandamus, and in such event the district shall pay all costs andlegal expenses of a petitioner successful in obtaining such writ.
(d) To receive transportation payments under this section, theparent or legal guardian of any isolated pupil eligible under this sectionshall file a transportation reimbursement claim with the district on a formprovided by the district specifying the total round trip miles traveled eachday to and from the bus stop or the school, as applicable. The total round tripmiles shall be multiplied by the applicable mileage rate prescribed under W.S.9-3-103(a)(iii) to compute the daily mileage reimbursement amount. Wherecombined transportation is provided for two (2) or more isolated pupils beingtransported to the same school, only one (1) reimbursement shall be made.Payments to parents or guardians for transporting students to and from schoolshall be computed excluding the first two (2) miles traveled each way. Nopayments shall be paid to a parent or guardian for transportation of studentsunless the pupil resides in an isolated location as specified under subsection(b) of this section.
(e) Monthly maintenance payments may be paid under this sectionin lieu of transportation payments if the pupil resides at a location near theschool rather than the isolated location. The amount paid shall be the lesserof the amount of maintenance payments claimed or the transportation paymentsthat would have been payable under subsection (d) of this section. Monthlymaintenance payments under this section shall reimburse the isolated student'sparent or legal guardian for additional reasonable living expenses for onlythose months school is in session. A district shall be reimbursed for the fullamount of isolation or maintenance payments it makes under this section.Reimbursement shall be made as if the district's total foundation programamount computed under W.S. 21-13-309(p) was increased by the amount ofisolation or maintenance payments made during the preceding year.
21-4-402. Instruction for hospitalized or homebound pupils.
(a) The board of trustees of each school district shall offerhomebound instruction for each pupil in the district who is hospitalized orhomebound for more than one (1) week because of injury or illness.
(b) The board shall also offer homebound instruction for eachpupil in the district who is hospitalized or placed in a state accredited orstate certified treatment facility for more than one (1) week in a hospital orfacility located in another Wyoming school district because of injury orillness. The board shall either provide instruction directly or contract withthe school district in which the pupil is hospitalized or placed in a facilityto provide this instruction. This subsection does not apply to pupils who arehospitalized or placed due to a mental, physical or psychological handicap andwho are receiving educational services under W.S. 21-2-501.
ARTICLE 5 - TUITION
21-4-501. Payment of tuition for children resident in districts whichmaintain no high school; admission of children to high schools in otherdistricts; state board approval for out-of-state placements; duties ofadmitting districts; tuition amount.
(a) Any district which does not maintain a high school shallpay tuition, in addition to transportation or maintenance, for any childresident therein who has successfully completed the course offered therein anddesires to attend high school, at any public school within or subject to theapproval of the state board of education, without the state, which the districtboard may designate in the best interest, welfare and convenience of the child.Application for attendance at a high school outside the state shall be filed bythe nonunified district board with the state department of education. If the nonunifieddistrict provides evidence that the amount of tuition assessed by theout-of-state district for the out-of-state placement shall not exceed onehundred twenty-five percent (125%) of the actual per pupil cost as determinedunder subsection (c) of this section, state board approval shall be waivedunder this subsection.
(b) The board of trustees of any school district within thestate which maintains a high school shall admit, upon payment of tuition,pupils of districts which do not maintain a high school; provided that nothingin this section shall be construed to require a district to admit nonresidentpupils, when to do so would overcrowd the facilities of the admitting districtor in any way work a definite hardship upon the educational program offered bythe admitting district. The admitting district shall:
(i) Include any pupil admitted under this section among itsaverage daily membership (ADM) for purposes of computing the foundation programunder W.S. 21-13-309; and
(ii) Account separately for the portion of the tuition receivedpursuant to this section which is related to school buildings and facilities,as determined by the district and reported to the state department, and depositthat portion in its debt service account. The remainder shall be reported asrevenues for purposes of W.S. 21-13-310(a)(ix).
(c) The amount of tuition assessed under this section shall bedetermined by dividing the total operating cost of the district for theprevious year, plus the cost of bond redemption and interest for the previousyear, by the total of the district's average daily membership for the previousyear.
(d) Subject to state board approval if an out-of-stateplacement as required under subsection (a) of this section, nonunified schooldistricts shall be reimbursed from the school foundation program account fortuition paid under subsection (a) of this section as if the district's totalfoundation program amount for that year as computed under W.S. 21-13-309(p) wasincreased by the amount of the tuition paid during the preceding year.
(e) Any out-of-state placement under subsection (a) of thissection shall include within the agreement with the out-of-state schooldistrict, that district's agreement to provide student transcripts as requiredunder W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-stateschool district to cooperate with the department of education to identify thosecourses provided by the out-of-state school district which satisfy the successcurriculum requirements established under W.S. 21-16-1307.
21-4-502. Attendance in another district when convenient or desirable;admission of pupils resident in other districts; attendance for ADMcomputations specified.
(a) The board of trustees of every school district within thestate may provide for the enrollment of any pupil resident therein in a schoolwithin another district if the pupil desires to attend the school and ifattendance in such other district would be more convenient or is desirablebecause of services available in the other district. The district providing forthe enrollment of the pupil in a school within another district shall notinclude the pupil within its average daily membership (ADM) for purposes of thefoundation program under W.S. 21-13-309.
(b) Any district within the state may admit pupils resident inother districts of the state unless the admission overcrowds the classrooms ofthe admitting district. No district within the state shall be required to admita pupil who has been suspended or expelled by the board of trustees ordesignated disciplinarian of any other district located in or outside thestate. The district admitting a pupil under this subsection shall not assesstuition payments upon the district wherein the pupil resides, but shall includethe pupil within its average daily membership (ADM) for purposes of determiningits foundation program amount under W.S. 21-13-309.
21-4-503. Repealed By Laws 1999, ch. 110, 103.
21-4-504. Cost of maintaining pupil attending school outside districtof residence.
A school district admitting a pupil from a nonunifiedschool district in the state under W.S. 21-4-501 or providing for theenrollment of a pupil in a school within a school district in another stateunder W.S. 21-4-505 shall, in accordance with rules and regulations of thestate department, be reimbursed from the school foundation program account forexpenditures for maintaining that pupil in the admitting district for anylength of time the pupil is required to reside in the admitting district. Reimbursement under this subsection shall be subject to and reported inaccordance with rule and regulation of the state department and shall beadministered as if the district's total foundation program amount computedunder W.S. 21-13-309(p) is increased by the amount of the expenditure formaintenance during the preceding year.
21-4-505. Payment of tuition for pupil attending school in anotherstate; admission of out-of-state pupils.
(a) Whenever it shall appear to the board of trustees of anyschool district within the state that instruction for any pupil residing in thedistrict can be more advantageously or economically furnished by a publicschool maintained by another state, the board of trustees of such Wyomingdistrict may enter into an agreement for the instruction of such pupils atrates of tuition specified in the agreement. The Wyoming district shall bereimbursed for the full amount of tuition assessed by the out of state districtfrom the school foundation program account administered as if the district'stotal foundation program amount computed under W.S. 21-13-309 for that year wasincreased by the amount of the tuition paid during the preceding year. Thedistrict shall not include a pupil attending a school within an out of stateschool district within its average daily membership (ADM) for purposes ofcomputing its foundation program amount under W.S. 21-13-309.
(b) Any school district within the state may enter intoagreements to admit pupils from out of state at the rate of tuition at least ashigh as the actual per pupil cost of the Wyoming district computed as providedin W.S. 21-4-501(c). The admitting district shall:
(i) If it requires payment of tuition at least as high asprovided under W.S. 21-4-501(c), include the admitted out of state pupil withinits average daily membership (ADM) for purposes of computing its foundationprogram amount under W.S. 21-13-309; and
(ii) Account separately for the portion of the tuition receivedpursuant to this subsection which is related to school buildings andfacilities, as determined by the district and reported to the state department,and deposit that portion in its debt service account. The remainder shall bereported as revenues for purposes of W.S. 21-13-310(a)(ix).
(c) Any out-of-state placement under subsection (a) of thissection shall include within the agreement with the out-of-state schooldistrict, that district's agreement to provide student transcripts as requiredunder W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-stateschool district to cooperate with the department of education to identify thosecourses provided by the out-of-state school district which satisfy the successcurriculum requirements established under W.S. 21-16-1307.
21-4-506. Participation in activities by students not enrolled in thedistrict; limitation on fees.
(a) Any school age child who is a resident of a schooldistrict, who is not under suspension or expulsion by a Wyoming school districtand who is not enrolled as a full-time student in the district in which heresides, shall be permitted by the district to participate in any activitieswhich are sanctioned by the Wyoming high school activities association andwhich are offered by the district subject to the following:
(i) The district may require the student to pay any fees forparticipation which are required by the Wyoming high school activitiesassociation;
(ii) The district may charge that student an additional fee forparticipating, but that fee shall be no more than any fee for participatingcharged to full-time students of the district. The district shall not requirethat student to pay tuition or to pay any other fees or charges as a conditionof participation;
(iii) As a condition of participation, the student shall berequired to comply with all other rules and policies of the district or anyschool activities association applicable to all students participating in theactivity and not related to the assessment of fees or charges.
ARTICLE 6 - EDUCATION PROGRAMS ON THE WIND RIVER INDIANRESERVATION
21-4-601. Education programs on the Wind River Indian Reservation.
(a) The legislature finds that, through education programsprovided by the Eastern Shoshone and the Northern Arapaho Indian Tribes toschool age Indian children residing on the Wind River Indian Reservation, thestate can address conditions of unemployment, poverty and lack of adequate jobskills which exist on the reservation. Maintenance of these education programsunique to Indian students is of mutual benefit to the tribes and the state,reducing future financial needs of those students as tribal members and asWyoming residents for public education, job services, substance abuse servicesand income supplements.
(b) Subject to amounts appropriated by the legislature, thestate superintendent of public instruction shall enter into negotiations withthe individual or joint business councils of the Eastern Shoshone and NorthernArapaho Indian Tribes to determine the appropriate contractual arrangements forthe provision of education programs and services addressing Indian students atrisk of failure in school and other programs and services essential to thesuccess and welfare of these students as specified under subsection (a) of thissection. Contractual arrangements entered into under this subsection shallinclude a requirement that the expenditure of contractual amounts, as verifiedannually in writing, is for programs tied to improvement of student performanceon the statewide assessment. For purposes of this section, the statesuperintendent shall include an amount within his biennial budget request whichis computed in accordance with subsection (c) of this section to provide a perstudent amount that when nonstate funding sources are considered, is comparableto per student amounts provided for public schools under the Wyoming educationresource block grant model.
(c) To arrive at a biennial funding amount for purposes ofsubsection (b) of this section, an estimate shall be computed as follows:
(i) Determine a combined average per student funding levelunder the Wyoming education resource block grant model for Fremont Countyschool districts number fourteen (14), number twenty-one (21) and numberthirty-eight (38);
(ii) Multiply the per student amount determined under paragraph(i) of this subsection by the number of students enrolled in education programsand services provided by the joint business council pursuant to subsection (a)of this section;
(iii) Subtract from the amount computed under paragraph (ii) ofthis subsection all Federal Bureau of Indian Affairs funds for K-12 programsreceived by the joint business council for education programs and servicesprovided under subsection (a) of this section.
(d) The joint business council of the Eastern Shoshone and theNorthern Arapaho Indian Tribes shall annually report to the governor, the statesuperintendent of public instruction, the joint education interim committee andthe select committee on tribal relations on the expenditure of contractualamounts as required under subsection (b) of this section.
(i) "Unexcused absence" means the absence, as definedin the policies of the local board of trustees, of any child required by thisarticle to attend school when such absence is not excused to the satisfactionof the board of trustees by the parent, guardian, or other person having controlof such child;
(ii) "Habitual truant" means any child with five (5)or more unexcused absences in any one (1) school year;
(iii) "Private school" is any nonpublic, elementary orsecondary school providing a basic academic educational program for childrenand may include parochial and church or religious schools and home-basededucational programs;
(iv) "Parochial, church or religious school" is oneoperated under the auspices or control of a local church or religiouscongregation or a denomination established to promote and promulgate thecommonly held religious doctrines of the group though it may also include basicacademic subjects in its curriculum. Nothing contained in W.S. 21-4-102(b),21-2-401 or 21-2-406 grants to the state of Wyoming or any of its officers,agencies or subdivisions any right or authority to control, manage, superviseor make any suggestions as to the control, management or supervision of anyparochial, church or religious school which meets the requirements of W.S. 21-2-406(a);
(v) A home-based educational program means a program ofeducational instruction provided to a child by the child's parent or legalguardian or by a person designated by the parent or legal guardian. Aninstructional program provided to more than one (1) family unit does notconstitute a home-based educational program;
(vi) "Basic academic educational program" is one thatprovides a sequentially progressive curriculum of fundamental instruction inreading, writing, mathematics, civics, history, literature and science. Thesecurriculum requirements do not require any private school or home-basededucational program to include in its curriculum any concept, topic or practicein conflict with its religious doctrines or to exclude from its curriculum anyconcept, topic or practice consistent with its religious doctrines.
21-4-102. When attendance required; exemptions; withdrawal.
(a) Every parent, guardian or other person having control orcharge of any child who is a resident of this state and whose seventh birthdayfalls on or before September 15 of any year and who has not yet attained hissixteenth birthday or completed the tenth grade shall be required to send suchchild to, and such child shall be required to attend, a public or privateschool each year, during the entire time that the public schools shall be insession in the district in which the pupil resides; provided, that the board oftrustees of each school district may exempt any child from the operation ofthis article when:
(i) The board believes that compulsory attendance in schoolwould be detrimental to the mental or physical health of such child or theother children in the school; provided, the board may designate at the expenseof the district a medical doctor of its choice to guide it and support it inits decision;
(ii) The board feels that compulsory school attendance mightwork undue hardship. The board may conduct a hearing on issues pursuant tothis paragraph by executive session; or
(iii) The child has been legally excluded from the regularschools pursuant to the provisions of W.S. 21-4-306.
(b) A home-based educational program shall meet therequirements of a basic academic educational program pursuant to W.S.21-4-101(a)(vi). It shall be the responsibility of every person administeringa home-based educational program to submit a curriculum to the local board oftrustees each year showing that the program complies with the requirements ofthis subsection. Failure to submit a curriculum showing compliance is primafacie evidence that the home-based educational program does not meet therequirements of this article.
(c) In addition to subsection (a) of this section, the parent,guardian or other person having control or charge of any child under the age ofeighteen (18), who has not otherwise notified the district of enrolling thatchild in a different school district or in a private school or home-basededucational program, shall meet in person with a school district counselor oradministrator to provide the school district with written consent to thewithdrawal of that child from school attendance.
21-4-103. Enforcement of article; appointment and compensation ofattendance officers.
Theprimary responsibility for the enforcement of this article shall be upon theboard of trustees of the school district, which shall appoint an attendanceofficer or officers to carry out the provisions of this article. Said officershall be paid out of the district treasury such sum as may be provided in theorder of appointment.
21-4-104. Duties of attendance officers.
(a) Subject to the policy of the board of trustees, it shall bethe duty of each attendance officer to:
(i) Counsel with students, parents, guardians or custodians andteachers; and to investigate the causes of unexcused absences;
(ii) Give written notice to the parent, guardian, or custodianof any child having an unexcused absence that the attendance of such child atschool is required by law. If after such notice has been given, the child hasa second unexcused absence, which the attendance officer reasonably believeswas due to the willful neglect or failure of the parent, guardian, or custodianof the child, then he shall make and file a complaint against such parent,guardian, or custodian of such child before the district court for theviolation of W.S. 21-4-102.
21-4-105. Penalty for failure of parent, guardian or custodian tocomply with article.
Anyparent, guardian or custodian of any child to whom this article applies whowillfully fails, neglects, or refuses to comply with the provisions of thisarticle shall be guilty of a misdemeanor and shall be punished by a fine of notless than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or byimprisonment in the county jail not more than ten (10) days or by both suchfine and imprisonment.
21-4-106. List of children of school age to be furnished; notice ofunexcused absences.
Atthe beginning of each school year, the board of trustees shall furnish eachdistrict attendance officer a list of the names of the children of compulsoryschool age within the district who are enumerated on the regular enumerationlists. The person in charge of each school within the district shall notifyeach district attendance officer promptly in writing of all cases of unexcusedabsence so that the attendance officer may proceed according to the provisionsof this article.
21-4-107. Notice to district attorney of habitual truancy; duty ofdistrict attorney.
Whenthe board of trustees of any school district shall determine that a child is anhabitual truant as defined by this article the board or its attendance officershall notify the district attorney who shall then initiate proceedings in theinterest of the child under the Juvenile Court Act.
ARTICLE 2 - ENUMERATION
21-4-201. Repealed by Laws 1979, ch. 75, 2.
21-4-202. Repealed by Laws 1979, ch. 75, 2.
21-4-203. Repealed by Laws 1979, ch. 75, 2.
ARTICLE 3 - RIGHT TO ATTEND SCHOOL
21-4-301. Schools to be free and accessible to all children; minimumschool year.
Except as otherwise provided by law, thepublic schools of each school district in the state shall at all times beequally free and accessible to all children resident therein of five (5) yearsof age as of September 15 of the applicable school year and under the age oftwenty-one (21), subject to regulations of the board of trustees. Each schooldistrict shall operate its schools and its classes for a minimum of one hundredseventy-five (175) days each school year unless an alternative schedule hasbeen approved by the state board. Prior to submission of a proposedalternative schedule to the state board, the board of trustees shall hold atleast two (2) advertised public meetings within the district, at which theboard shall present the proposed alternative schedule and respond to publicquestions and comments. Any school district operating under an alternativeschedule shall annually evaluate the effectiveness of that schedule in meetingthe educational goals and purposes for which the schedule was adopted.
21-4-302. Age for registration in first grade and kindergarten;preschool programs.
(a) A pupil may register in the first grade in the publicschools of this state in the year in which his sixth birthday falls on orbefore September 15.
(b) A pupil may register in kindergarten in the public schoolsof this state in the year in which his fifth birthday falls on or beforeSeptember 15.
(c) The board of trustees of a school district may permit theenrollment of pupils in a part-time preschool program with a curriculum basedon developmentally appropriate practices funded by the district. The schooldistrict may:
(i) Contract with a preschool program to operate the preschool.The program may use school district facilities or facilities which are providedby others and may utilize the services of personnel who are not school districtpersonnel and which are provided by others;
(ii) Establish a minimum attendance age for the program, but apupil must have attained at least his third birthday on or before September 15of the year in which that pupil enrolls. A pupil who enrolls in such apreschool program shall not be included within the district's average dailymembership (ADM) for purposes of receiving state funds or within any otherschool funding formula for purposes of receiving funds from the state, unlessthe pupil has attained the minimum age for registration in kindergarten asprovided in subsection (b) of this section;
(iii) Provide, or contract with an outside organization toprovide, technical assistance, including occasional classroom instructionregardless of the regularity of such occasional classroom instruction, topreschool programs. Technical assistance may be provided to preschool programson the basis of location, date of application for such assistance by a program,random selection of a program, or family income, home location, eligibility fora federal program or other socioeconomic characteristics which correlate withrisk for unsuccessful academic performance of pupils attending the program. Nopreschool program shall be required to receive such technical assistance. Adistrict shall not receive any additional financial assistance from the stateif the district chooses to provide technical assistance to a preschool programunder this paragraph.
(d) A program shall not discriminate in enrollment on the basisof sex, race, religion or national origin.
(e) A school district which provides a preschool program undersubsection (c) of this section biennially shall assess, through the fourthgrade when practical, the school readiness and academic performance of pupilswho participate in the program as compared with those who do not participate inthe program. The district shall report the results of the assessment to thedepartment of education and the department shall report the results to thejoint education interim committee of the legislature on or before October 1 ofeach even numbered year. The results of any assessment required by thissubsection shall be open for public inspection.
(f) Nothing in this section supersedes W.S. 21-2-701 through21-2-705.
21-4-303. Right not denied on account of sex, race or religion.
Nochild shall be denied the right to attend the public schools of this state onaccount of sex, race, or religion.
21-4-304. Repealed by Laws 1991, ch. 138, 1.
21-4-305. Suspension or expulsion; authority; procedure.
(a) The board of trustees of any school district may delegateauthority to disciplinarians chosen from the administrative and supervisorystaff to suspend any student from school for a period not to exceed ten (10)school days. In addition, the board of trustees shall, subject to thecase-by-case modification permitted by this subsection, require the districtsuperintendent to expel from school for a period of one (1) year any studentdetermined to possess, use, transfer, carry or sell a deadly weapon as definedunder W.S. 6-1-104(a)(iv) within any school bus as defined by W.S.31-7-102(a)(xl) or within the boundaries of real property used by the districtprimarily for the education of students in grades kindergarten through twelve(12). The superintendent with the approval of the board of trustees may modifythe period of expulsion on a case-by-case basis based upon the circumstances ofthe violation. Upon a violation of this subsection and following notice andhearing requirements of this section, the superintendent shall notify thedistrict attorney of the violation together with the specific act in violationof this subsection and the name of the student violating this subsection. Nothing in this subsection prohibits a district from providing educationalservices to the expelled student in an alternative setting.
(b) The disciplinarian shall give the student to be suspendedoral or written notice of the charges against him and an explanation of theevidence the authorities have. The disciplinarian shall give the student to besuspended an opportunity to be heard and to present his version of the chargesagainst him. No student shall be removed from school without such notice andopportunity to be heard, except as provided by subsection (c) of this section.
(c) The disciplinarian shall give the student to be suspendedthe opportunity to be heard as soon as practicable after the misconduct, unlessthe student's presence endangers persons or property, or threatens disruptionof the academic process, in which case his immediate removal from school may bejustified, but the opportunity to be heard shall follow as soon as practicable,and not later than seventy-two (72) hours after his removal, not countingSaturdays and Sundays. Written notice of suspension shall be sent to thestudent's parents, guardians or custodians within twenty-four (24) hours of thedecision to conduct them.
(d) The board of trustees of any school district or thesuperintendent if designated, may suspend a student for a period exceeding ten(10) school days or may expel a student for a period not to exceed one (1) year,provided the student is afforded an opportunity for a hearing in accordancewith the procedures of the Wyoming Administrative Procedure Act.
(e) Suspension or expulsion shall not be imposed as anadditional punishment for offenses punishable under the laws of the state,except for expulsion by a district superintendent under subsection (a) of thissection, or where the offense was committed at a school function, against theproperty of the school, or is of such nature that continuation of the child inschool would clearly be detrimental to the education, welfare, safety or moralsof other pupils. No suspension or expulsion shall be for longer than one (1)year.
(f) Any decision of the board, or of a designatedsuperintendent, shall be considered a final decision which may be appealed tothe district court of the county in which the school district is located,pursuant to provisions of the Wyoming Administrative Procedure Act. The courtmay, on application or on its own motion, stay the decision of the board orsuperintendent pending appeal, considering both the best interests of the childand the need to maintain an orderly environment conducive to learning for otherchildren.
21-4-306. Suspension or expulsion; grounds.
(a) The following shall be grounds for suspension or expulsionof a child from a public school during the school year:
(i) Continued willful disobedience or open defiance of theauthority of school personnel;
(ii) Willful destruction or defacing of school property duringthe school year or any recess or vacation;
(iii) Any behavior which in the judgment of the local board oftrustees is clearly detrimental to the education, welfare, safety or morals ofother pupils, including the use of foul, profane or abusive language or habituallydisruptive behavior as defined by subsection (b) of this section;
(iv) Torturing, tormenting, or abusing a pupil or in any waymaltreating a pupil or a teacher with physical violence;
(v) Possession, use, transfer, carrying or selling a deadlyweapon as defined under W.S. 6-1-104(a)(iv) within any school bus as defined byW.S. 31-7-102(a)(xl) or within the boundaries of real property used by thedistrict primarily for the education of students in grades kindergarten throughtwelve (12).
(b) As used in paragraph (a)(iii) of this section,"habitually disruptive behavior" means overt behavior willfullyinitiated by a student causing disruption in the classroom, on school grounds,on school vehicles or at school activities or events, which requires theattention of a teacher or other school personnel.
21-4-307. Denial of admission to school.
(a) The board of trustees of any school district within thestate may deny admission to any child who:
(i) Has completed the twelfth grade; or
(ii) Has such a mental or physical disability that based upon aphysician's certificate the board believes such child could not reasonablybenefit from the programs available or the attendance of such child would beinimical to the health, safety, or welfare of other pupils; provided, that theboard shall make the best possible provision for suitable and adequateeducation of such child in accordance with the laws of this state.
21-4-308. Punishment and disciplinary measures; denial of diploma orcredit.
(a) Each board of trustees in each school district within thestate may adopt rules for reasonable forms of punishment and disciplinarymeasures. Subject to such rules, teachers, principals, and superintendents insuch district may impose reasonable forms of punishment and disciplinarymeasures for insubordination, disobedience, and other misconduct.
(b) Teachers, principals and superintendents in each districtshall be immune from civil and criminal liability in the exercise of reasonablecorporal discipline of a student as authorized by board policy.
(c) No diploma or credit for a course which has been completedsuccessfully shall be denied a pupil who has earned it; provided, such diplomaor credit shall not be deemed earned until payment has been made for allindebtedness due to the school district.
21-4-309. Mandatory immunizations for children attending schools;exceptions.
(a) Any person attending, full or part time, any public orprivate school, kindergarten through twelfth grade, shall within thirty (30)days after the date of school entry, provide to the appropriate school officialwritten documentary proof of immunization. For purposes of this section,documentary proof of immunization is written certification by a privatelicensed physician or his representative or by any public health authority,that the person is fully immunized. Documentation shall include month, day andyear of each required immunization received against vaccine preventable diseaseas designated by the state health authority. No school administrator shallpermit a student to attend school for more than thirty (30) calendar dayswithout documentary proof of immunization. If immunization requires a seriesof immunizations over a period of more than thirty (30) calendar days, thechild shall be permitted to attend school while receiving continuingimmunization if the school administrator receives written notification by aprivate licensed physician or his representative or by a public healthofficial, specifying a written schedule for necessary immunization completionwithin the medically accepted time period. Waivers shall be authorized by thestate or county health officer upon submission of written evidence of religiousobjection or medical contraindication to the administration of any vaccine. Inthe presence of an outbreak of vaccine preventable disease as determined by thestate or county health authority, school children for whom a waiver has beenissued and who are not immunized against the occurring vaccine preventabledisease shall be excluded from school attendance for a period of timedetermined by the state or county health authority, but not suspended fromschool as provided in W.S. 21-4-305. Children excluded from school attendanceunder this section shall not be counted in the aggregate number of pupilsabsent as defined in W.S. 21-13-101(a)(i).
(b) The school administrator shall be responsible for an auditof the immunization status of any child enrolled in the school in accordancewith rules and regulations prescribed by the department of health.
(c) The written documented proof of immunization on a formprovided by the state health officer shall be an integral part of the child'sschool record.
(d) For purposes of this section:
(i) "State health officer" means the person appointedby the director of the department of health pursuant to W.S. 9-2-103;
(ii) "County health officer" means the licensedmedical officer designated by the county commissioners to serve as healthofficer for his county;
(iii) "Immunized" or "immunization" meansinitial immunization and any boosters or reimmunizations required to maintainimmunization pursuant to the immunization standards and recommendations issuedby the state health officer.
21-4-310. Self-administration of medication for potentially lifethreatening conditions.
(a) The district board shall permit a student to possess andself-administer within any school of the district medication required forpotentially life threatening conditions if a written statement is submitted tothe district containing applicable:
(i) Parental verification that the student is responsible forand capable of self-administration and parental authorization forself-administration of medication required for potentially life threateningconditions;
(ii) Health care provider identification of the prescribed orauthorized medication required for potentially life threatening conditions andverification of the appropriateness of the student's possession andself-administration of the medication required for potentially life threateningconditions.
(b) The written statement shall be prescribed by the departmentof education, with the assistance of the department of health, and shallrequire the signatures of the parent or guardian of the student and thestudent's physician or physician's representative.
(c) As used in this section:
(i) "Asthma medication" means prescription ornonprescription inhaled asthma medication;
(ii) "Potentially life threatening conditions" includes,but is not limited to asthma, food allergies and insect bites;
(iii) "Medication required for potentially life threateningconditions" includes, but is not limited to asthma medication andprescription single dose epinephrine pens.
21-4-311. Safe school climate act; short title.
This act shall be known and may be cited as the "SafeSchool Climate Act".
21-4-312. Definitions.
(a) As used in this act:
(i) "Harassment, intimidation or bullying" means anyintentional gesture, any intentional electronic communication or anyintentional written, verbal or physical act initiated, occurring or received atschool that a reasonable person under the circumstances should know will havethe effect of:
(A) Harming a student physically or emotionally, damaging astudent's property or placing a student in reasonable fear of personal harm orproperty damage;
(B) Insulting or demeaning a student or group of studentscausing substantial disruption in, or substantial interference with, theorderly operation of the school; or
(C) Creating an intimidating, threatening or abusiveeducational environment for a student or group of students through sufficientlysevere, persistent or pervasive behavior.
(ii) "School" includes a classroom or other locationon school premises, a school bus or other school-related vehicle, a school busstop, an activity or event sponsored by a school, whether or not it is held onschool premises, and any other program or function where the school isresponsible for the child;
(iii) "This act" means W.S. 21-4-311 through 21-4-315.
21-4-313. Prohibition against harassment, intimidation or bullying;reporting to school officials.
(a) No person shall engage in:
(i) Harassment, intimidation or bullying; or
(ii) Reprisal or retaliation against a victim, witness or personwho reports information about an act of harassment, intimidation or bullying.
21-4-314. School district implementation; state policies, training andtechnical assistance.
(a) Not later than December 31, 2009, each school districtshall adopt a policy prohibiting harassment, intimidation or bullying atschool. The school district shall involve parents and guardians, schoolemployees, volunteers, students, administrators and community representativesin the process of creating the policy. Policies created under this sectionshall be continuously reviewed and may be revised as necessary.
(b) The policy prohibiting harassment, intimidation or bullyingshall include, without limitation:
(i) A statement prohibiting harassment, intimidation orbullying of a student;
(ii) A definition of "harassment, intimidation orbullying" which includes at minimum the definition as provided in W.S.21-4-312(a)(i);
(iii) Consequences and appropriate remedial actions for personscommitting acts of harassment, intimidation or bullying or engaging in reprisalor retaliation;
(iv) Procedures for reporting and documenting acts ofharassment, intimidation or bullying, including a provision for reportinganonymously. However, formal disciplinary action shall not be taken solely onthe basis of an anonymous report. The procedures shall identify theappropriate school personnel responsible for receiving a report andinvestigating a complaint;
(v) Procedures for prompt investigation of reports orcomplaints of serious violations;
(vi) A statement that prohibits reprisal or retaliation againsta person who reports or makes a complaint of harassment, intimidation orbullying;
(vii) A strategy for protecting a victim from additionalharassment, intimidation or bullying, and from retaliation following a report;
(viii) Consequences and appropriate remedial action for a personwho is found to have made a false accusation, report or complaint;
(ix) A process for discussing the district's harassment,intimidation or bullying policy with students; and
(x) A statement of how the policy is to be publicized,including notice that the policy applies to participation in functionssponsored by the school.
(c) To assist local school districts in developing a policyunder subsection (b) of this section, the department of education shall notlater than September 1, 2009, develop model policies applicable to gradeskindergarten through twelve (12) and teacher preparation program standards on theidentification and prevention of bullying. In addition, the department shallprovide necessary training programs and technical assistance to districts incarrying out this act.
(d) Each local school board shall include the policy adopted bya school district pursuant to this section in a publication of thecomprehensive rules, procedures and standards of conduct for schools of aschool district and in each school's student's handbook.
(e) Information regarding the school district's policy againstharassment, intimidation or bullying shall be incorporated into each district'sprofessional development programs and shall be provided to volunteers and othernoncertified employees of the district who have significant contact withstudents.
(f) School districts may establish bullying prevention programsor other initiatives and may involve school staff, students, administrators,volunteers, parents, law enforcement and community members.
21-4-315. Applicability; no civil liability created; immunity.
This article shall not be interpreted to prevent a victimfrom seeking redress pursuant to any other applicable civil or criminal law. This article does not create or alter any civil cause of action for monetarydamages against any person or school district nor shall it constitute groundsfor any claim or motion raised by either the state or defendant in anyproceedings, except that the defense of immunity shall be retained and may beasserted in any action arising under this act.
ARTICLE 4 - ISOLATION
21-4-401. Transportation or maintenance for isolated pupils.
(a) The board of trustees of any school district within thestate shall provide transportation or maintenance for isolated elementary,middle, junior high or high school pupils resident within the district,whenever it would be in the best interests of the affected children to providetransportation or maintenance than to establish a school to serve these pupils,and for those isolated pupils resident within the district who are attending aschool in another district pursuant to W.S. 21-4-502. Amounts paid under thissection shall be subject to subsections (d) and (e) of this section and shallnot exceed the actual costs incurred by parents or pupils.
(b) The state superintendent shall adopt reasonable rules andregulations pertaining to residence requirements establishing eligibility underthis section and for provision of tuition and transportation or maintenance. Noperson is eligible as an isolated pupil under this section unless the pupil'sparents or legal guardians demonstrate to the local school board that thefamily's residing in the isolated location is necessary for the family'sfinancial well being. The burden shall be on the parent or guardian todemonstrate that the family's residing in the isolated location is necessaryfor the family's financial well being. The final decision as to eligibilityshall be made by the district board of trustees.
(c) The rights accorded under this section shall be enforceableby writ of mandamus, and in such event the district shall pay all costs andlegal expenses of a petitioner successful in obtaining such writ.
(d) To receive transportation payments under this section, theparent or legal guardian of any isolated pupil eligible under this sectionshall file a transportation reimbursement claim with the district on a formprovided by the district specifying the total round trip miles traveled eachday to and from the bus stop or the school, as applicable. The total round tripmiles shall be multiplied by the applicable mileage rate prescribed under W.S.9-3-103(a)(iii) to compute the daily mileage reimbursement amount. Wherecombined transportation is provided for two (2) or more isolated pupils beingtransported to the same school, only one (1) reimbursement shall be made.Payments to parents or guardians for transporting students to and from schoolshall be computed excluding the first two (2) miles traveled each way. Nopayments shall be paid to a parent or guardian for transportation of studentsunless the pupil resides in an isolated location as specified under subsection(b) of this section.
(e) Monthly maintenance payments may be paid under this sectionin lieu of transportation payments if the pupil resides at a location near theschool rather than the isolated location. The amount paid shall be the lesserof the amount of maintenance payments claimed or the transportation paymentsthat would have been payable under subsection (d) of this section. Monthlymaintenance payments under this section shall reimburse the isolated student'sparent or legal guardian for additional reasonable living expenses for onlythose months school is in session. A district shall be reimbursed for the fullamount of isolation or maintenance payments it makes under this section.Reimbursement shall be made as if the district's total foundation programamount computed under W.S. 21-13-309(p) was increased by the amount ofisolation or maintenance payments made during the preceding year.
21-4-402. Instruction for hospitalized or homebound pupils.
(a) The board of trustees of each school district shall offerhomebound instruction for each pupil in the district who is hospitalized orhomebound for more than one (1) week because of injury or illness.
(b) The board shall also offer homebound instruction for eachpupil in the district who is hospitalized or placed in a state accredited orstate certified treatment facility for more than one (1) week in a hospital orfacility located in another Wyoming school district because of injury orillness. The board shall either provide instruction directly or contract withthe school district in which the pupil is hospitalized or placed in a facilityto provide this instruction. This subsection does not apply to pupils who arehospitalized or placed due to a mental, physical or psychological handicap andwho are receiving educational services under W.S. 21-2-501.
ARTICLE 5 - TUITION
21-4-501. Payment of tuition for children resident in districts whichmaintain no high school; admission of children to high schools in otherdistricts; state board approval for out-of-state placements; duties ofadmitting districts; tuition amount.
(a) Any district which does not maintain a high school shallpay tuition, in addition to transportation or maintenance, for any childresident therein who has successfully completed the course offered therein anddesires to attend high school, at any public school within or subject to theapproval of the state board of education, without the state, which the districtboard may designate in the best interest, welfare and convenience of the child.Application for attendance at a high school outside the state shall be filed bythe nonunified district board with the state department of education. If the nonunifieddistrict provides evidence that the amount of tuition assessed by theout-of-state district for the out-of-state placement shall not exceed onehundred twenty-five percent (125%) of the actual per pupil cost as determinedunder subsection (c) of this section, state board approval shall be waivedunder this subsection.
(b) The board of trustees of any school district within thestate which maintains a high school shall admit, upon payment of tuition,pupils of districts which do not maintain a high school; provided that nothingin this section shall be construed to require a district to admit nonresidentpupils, when to do so would overcrowd the facilities of the admitting districtor in any way work a definite hardship upon the educational program offered bythe admitting district. The admitting district shall:
(i) Include any pupil admitted under this section among itsaverage daily membership (ADM) for purposes of computing the foundation programunder W.S. 21-13-309; and
(ii) Account separately for the portion of the tuition receivedpursuant to this section which is related to school buildings and facilities,as determined by the district and reported to the state department, and depositthat portion in its debt service account. The remainder shall be reported asrevenues for purposes of W.S. 21-13-310(a)(ix).
(c) The amount of tuition assessed under this section shall bedetermined by dividing the total operating cost of the district for theprevious year, plus the cost of bond redemption and interest for the previousyear, by the total of the district's average daily membership for the previousyear.
(d) Subject to state board approval if an out-of-stateplacement as required under subsection (a) of this section, nonunified schooldistricts shall be reimbursed from the school foundation program account fortuition paid under subsection (a) of this section as if the district's totalfoundation program amount for that year as computed under W.S. 21-13-309(p) wasincreased by the amount of the tuition paid during the preceding year.
(e) Any out-of-state placement under subsection (a) of thissection shall include within the agreement with the out-of-state schooldistrict, that district's agreement to provide student transcripts as requiredunder W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-stateschool district to cooperate with the department of education to identify thosecourses provided by the out-of-state school district which satisfy the successcurriculum requirements established under W.S. 21-16-1307.
21-4-502. Attendance in another district when convenient or desirable;admission of pupils resident in other districts; attendance for ADMcomputations specified.
(a) The board of trustees of every school district within thestate may provide for the enrollment of any pupil resident therein in a schoolwithin another district if the pupil desires to attend the school and ifattendance in such other district would be more convenient or is desirablebecause of services available in the other district. The district providing forthe enrollment of the pupil in a school within another district shall notinclude the pupil within its average daily membership (ADM) for purposes of thefoundation program under W.S. 21-13-309.
(b) Any district within the state may admit pupils resident inother districts of the state unless the admission overcrowds the classrooms ofthe admitting district. No district within the state shall be required to admita pupil who has been suspended or expelled by the board of trustees ordesignated disciplinarian of any other district located in or outside thestate. The district admitting a pupil under this subsection shall not assesstuition payments upon the district wherein the pupil resides, but shall includethe pupil within its average daily membership (ADM) for purposes of determiningits foundation program amount under W.S. 21-13-309.
21-4-503. Repealed By Laws 1999, ch. 110, 103.
21-4-504. Cost of maintaining pupil attending school outside districtof residence.
A school district admitting a pupil from a nonunifiedschool district in the state under W.S. 21-4-501 or providing for theenrollment of a pupil in a school within a school district in another stateunder W.S. 21-4-505 shall, in accordance with rules and regulations of thestate department, be reimbursed from the school foundation program account forexpenditures for maintaining that pupil in the admitting district for anylength of time the pupil is required to reside in the admitting district. Reimbursement under this subsection shall be subject to and reported inaccordance with rule and regulation of the state department and shall beadministered as if the district's total foundation program amount computedunder W.S. 21-13-309(p) is increased by the amount of the expenditure formaintenance during the preceding year.
21-4-505. Payment of tuition for pupil attending school in anotherstate; admission of out-of-state pupils.
(a) Whenever it shall appear to the board of trustees of anyschool district within the state that instruction for any pupil residing in thedistrict can be more advantageously or economically furnished by a publicschool maintained by another state, the board of trustees of such Wyomingdistrict may enter into an agreement for the instruction of such pupils atrates of tuition specified in the agreement. The Wyoming district shall bereimbursed for the full amount of tuition assessed by the out of state districtfrom the school foundation program account administered as if the district'stotal foundation program amount computed under W.S. 21-13-309 for that year wasincreased by the amount of the tuition paid during the preceding year. Thedistrict shall not include a pupil attending a school within an out of stateschool district within its average daily membership (ADM) for purposes ofcomputing its foundation program amount under W.S. 21-13-309.
(b) Any school district within the state may enter intoagreements to admit pupils from out of state at the rate of tuition at least ashigh as the actual per pupil cost of the Wyoming district computed as providedin W.S. 21-4-501(c). The admitting district shall:
(i) If it requires payment of tuition at least as high asprovided under W.S. 21-4-501(c), include the admitted out of state pupil withinits average daily membership (ADM) for purposes of computing its foundationprogram amount under W.S. 21-13-309; and
(ii) Account separately for the portion of the tuition receivedpursuant to this subsection which is related to school buildings andfacilities, as determined by the district and reported to the state department,and deposit that portion in its debt service account. The remainder shall bereported as revenues for purposes of W.S. 21-13-310(a)(ix).
(c) Any out-of-state placement under subsection (a) of thissection shall include within the agreement with the out-of-state schooldistrict, that district's agreement to provide student transcripts as requiredunder W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-stateschool district to cooperate with the department of education to identify thosecourses provided by the out-of-state school district which satisfy the successcurriculum requirements established under W.S. 21-16-1307.
21-4-506. Participation in activities by students not enrolled in thedistrict; limitation on fees.
(a) Any school age child who is a resident of a schooldistrict, who is not under suspension or expulsion by a Wyoming school districtand who is not enrolled as a full-time student in the district in which heresides, shall be permitted by the district to participate in any activitieswhich are sanctioned by the Wyoming high school activities association andwhich are offered by the district subject to the following:
(i) The district may require the student to pay any fees forparticipation which are required by the Wyoming high school activitiesassociation;
(ii) The district may charge that student an additional fee forparticipating, but that fee shall be no more than any fee for participatingcharged to full-time students of the district. The district shall not requirethat student to pay tuition or to pay any other fees or charges as a conditionof participation;
(iii) As a condition of participation, the student shall berequired to comply with all other rules and policies of the district or anyschool activities association applicable to all students participating in theactivity and not related to the assessment of fees or charges.
ARTICLE 6 - EDUCATION PROGRAMS ON THE WIND RIVER INDIANRESERVATION
21-4-601. Education programs on the Wind River Indian Reservation.
(a) The legislature finds that, through education programsprovided by the Eastern Shoshone and the Northern Arapaho Indian Tribes toschool age Indian children residing on the Wind River Indian Reservation, thestate can address conditions of unemployment, poverty and lack of adequate jobskills which exist on the reservation. Maintenance of these education programsunique to Indian students is of mutual benefit to the tribes and the state,reducing future financial needs of those students as tribal members and asWyoming residents for public education, job services, substance abuse servicesand income supplements.
(b) Subject to amounts appropriated by the legislature, thestate superintendent of public instruction shall enter into negotiations withthe individual or joint business councils of the Eastern Shoshone and NorthernArapaho Indian Tribes to determine the appropriate contractual arrangements forthe provision of education programs and services addressing Indian students atrisk of failure in school and other programs and services essential to thesuccess and welfare of these students as specified under subsection (a) of thissection. Contractual arrangements entered into under this subsection shallinclude a requirement that the expenditure of contractual amounts, as verifiedannually in writing, is for programs tied to improvement of student performanceon the statewide assessment. For purposes of this section, the statesuperintendent shall include an amount within his biennial budget request whichis computed in accordance with subsection (c) of this section to provide a perstudent amount that when nonstate funding sources are considered, is comparableto per student amounts provided for public schools under the Wyoming educationresource block grant model.
(c) To arrive at a biennial funding amount for purposes ofsubsection (b) of this section, an estimate shall be computed as follows:
(i) Determine a combined average per student funding levelunder the Wyoming education resource block grant model for Fremont Countyschool districts number fourteen (14), number twenty-one (21) and numberthirty-eight (38);
(ii) Multiply the per student amount determined under paragraph(i) of this subsection by the number of students enrolled in education programsand services provided by the joint business council pursuant to subsection (a)of this section;
(iii) Subtract from the amount computed under paragraph (ii) ofthis subsection all Federal Bureau of Indian Affairs funds for K-12 programsreceived by the joint business council for education programs and servicesprovided under subsection (a) of this section.
(d) The joint business council of the Eastern Shoshone and theNorthern Arapaho Indian Tribes shall annually report to the governor, the statesuperintendent of public instruction, the joint education interim committee andthe select committee on tribal relations on the expenditure of contractualamounts as required under subsection (b) of this section.
(i) "Unexcused absence" means the absence, as definedin the policies of the local board of trustees, of any child required by thisarticle to attend school when such absence is not excused to the satisfactionof the board of trustees by the parent, guardian, or other person having controlof such child;
(ii) "Habitual truant" means any child with five (5)or more unexcused absences in any one (1) school year;
(iii) "Private school" is any nonpublic, elementary orsecondary school providing a basic academic educational program for childrenand may include parochial and church or religious schools and home-basededucational programs;
(iv) "Parochial, church or religious school" is oneoperated under the auspices or control of a local church or religiouscongregation or a denomination established to promote and promulgate thecommonly held religious doctrines of the group though it may also include basicacademic subjects in its curriculum. Nothing contained in W.S. 21-4-102(b),21-2-401 or 21-2-406 grants to the state of Wyoming or any of its officers,agencies or subdivisions any right or authority to control, manage, superviseor make any suggestions as to the control, management or supervision of anyparochial, church or religious school which meets the requirements of W.S. 21-2-406(a);
(v) A home-based educational program means a program ofeducational instruction provided to a child by the child's parent or legalguardian or by a person designated by the parent or legal guardian. Aninstructional program provided to more than one (1) family unit does notconstitute a home-based educational program;
(vi) "Basic academic educational program" is one thatprovides a sequentially progressive curriculum of fundamental instruction inreading, writing, mathematics, civics, history, literature and science. Thesecurriculum requirements do not require any private school or home-basededucational program to include in its curriculum any concept, topic or practicein conflict with its religious doctrines or to exclude from its curriculum anyconcept, topic or practice consistent with its religious doctrines.
21-4-102. When attendance required; exemptions; withdrawal.
(a) Every parent, guardian or other person having control orcharge of any child who is a resident of this state and whose seventh birthdayfalls on or before September 15 of any year and who has not yet attained hissixteenth birthday or completed the tenth grade shall be required to send suchchild to, and such child shall be required to attend, a public or privateschool each year, during the entire time that the public schools shall be insession in the district in which the pupil resides; provided, that the board oftrustees of each school district may exempt any child from the operation ofthis article when:
(i) The board believes that compulsory attendance in schoolwould be detrimental to the mental or physical health of such child or theother children in the school; provided, the board may designate at the expenseof the district a medical doctor of its choice to guide it and support it inits decision;
(ii) The board feels that compulsory school attendance mightwork undue hardship. The board may conduct a hearing on issues pursuant tothis paragraph by executive session; or
(iii) The child has been legally excluded from the regularschools pursuant to the provisions of W.S. 21-4-306.
(b) A home-based educational program shall meet therequirements of a basic academic educational program pursuant to W.S.21-4-101(a)(vi). It shall be the responsibility of every person administeringa home-based educational program to submit a curriculum to the local board oftrustees each year showing that the program complies with the requirements ofthis subsection. Failure to submit a curriculum showing compliance is primafacie evidence that the home-based educational program does not meet therequirements of this article.
(c) In addition to subsection (a) of this section, the parent,guardian or other person having control or charge of any child under the age ofeighteen (18), who has not otherwise notified the district of enrolling thatchild in a different school district or in a private school or home-basededucational program, shall meet in person with a school district counselor oradministrator to provide the school district with written consent to thewithdrawal of that child from school attendance.
21-4-103. Enforcement of article; appointment and compensation ofattendance officers.
Theprimary responsibility for the enforcement of this article shall be upon theboard of trustees of the school district, which shall appoint an attendanceofficer or officers to carry out the provisions of this article. Said officershall be paid out of the district treasury such sum as may be provided in theorder of appointment.
21-4-104. Duties of attendance officers.
(a) Subject to the policy of the board of trustees, it shall bethe duty of each attendance officer to:
(i) Counsel with students, parents, guardians or custodians andteachers; and to investigate the causes of unexcused absences;
(ii) Give written notice to the parent, guardian, or custodianof any child having an unexcused absence that the attendance of such child atschool is required by law. If after such notice has been given, the child hasa second unexcused absence, which the attendance officer reasonably believeswas due to the willful neglect or failure of the parent, guardian, or custodianof the child, then he shall make and file a complaint against such parent,guardian, or custodian of such child before the district court for theviolation of W.S. 21-4-102.
21-4-105. Penalty for failure of parent, guardian or custodian tocomply with article.
Anyparent, guardian or custodian of any child to whom this article applies whowillfully fails, neglects, or refuses to comply with the provisions of thisarticle shall be guilty of a misdemeanor and shall be punished by a fine of notless than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or byimprisonment in the county jail not more than ten (10) days or by both suchfine and imprisonment.
21-4-106. List of children of school age to be furnished; notice ofunexcused absences.
Atthe beginning of each school year, the board of trustees shall furnish eachdistrict attendance officer a list of the names of the children of compulsoryschool age within the district who are enumerated on the regular enumerationlists. The person in charge of each school within the district shall notifyeach district attendance officer promptly in writing of all cases of unexcusedabsence so that the attendance officer may proceed according to the provisionsof this article.
21-4-107. Notice to district attorney of habitual truancy; duty ofdistrict attorney.
Whenthe board of trustees of any school district shall determine that a child is anhabitual truant as defined by this article the board or its attendance officershall notify the district attorney who shall then initiate proceedings in theinterest of the child under the Juvenile Court Act.
ARTICLE 2 - ENUMERATION
21-4-201. Repealed by Laws 1979, ch. 75, 2.
21-4-202. Repealed by Laws 1979, ch. 75, 2.
21-4-203. Repealed by Laws 1979, ch. 75, 2.
ARTICLE 3 - RIGHT TO ATTEND SCHOOL
21-4-301. Schools to be free and accessible to all children; minimumschool year.
Except as otherwise provided by law, thepublic schools of each school district in the state shall at all times beequally free and accessible to all children resident therein of five (5) yearsof age as of September 15 of the applicable school year and under the age oftwenty-one (21), subject to regulations of the board of trustees. Each schooldistrict shall operate its schools and its classes for a minimum of one hundredseventy-five (175) days each school year unless an alternative schedule hasbeen approved by the state board. Prior to submission of a proposedalternative schedule to the state board, the board of trustees shall hold atleast two (2) advertised public meetings within the district, at which theboard shall present the proposed alternative schedule and respond to publicquestions and comments. Any school district operating under an alternativeschedule shall annually evaluate the effectiveness of that schedule in meetingthe educational goals and purposes for which the schedule was adopted.
21-4-302. Age for registration in first grade and kindergarten;preschool programs.
(a) A pupil may register in the first grade in the publicschools of this state in the year in which his sixth birthday falls on orbefore September 15.
(b) A pupil may register in kindergarten in the public schoolsof this state in the year in which his fifth birthday falls on or beforeSeptember 15.
(c) The board of trustees of a school district may permit theenrollment of pupils in a part-time preschool program with a curriculum basedon developmentally appropriate practices funded by the district. The schooldistrict may:
(i) Contract with a preschool program to operate the preschool.The program may use school district facilities or facilities which are providedby others and may utilize the services of personnel who are not school districtpersonnel and which are provided by others;
(ii) Establish a minimum attendance age for the program, but apupil must have attained at least his third birthday on or before September 15of the year in which that pupil enrolls. A pupil who enrolls in such apreschool program shall not be included within the district's average dailymembership (ADM) for purposes of receiving state funds or within any otherschool funding formula for purposes of receiving funds from the state, unlessthe pupil has attained the minimum age for registration in kindergarten asprovided in subsection (b) of this section;
(iii) Provide, or contract with an outside organization toprovide, technical assistance, including occasional classroom instructionregardless of the regularity of such occasional classroom instruction, topreschool programs. Technical assistance may be provided to preschool programson the basis of location, date of application for such assistance by a program,random selection of a program, or family income, home location, eligibility fora federal program or other socioeconomic characteristics which correlate withrisk for unsuccessful academic performance of pupils attending the program. Nopreschool program shall be required to receive such technical assistance. Adistrict shall not receive any additional financial assistance from the stateif the district chooses to provide technical assistance to a preschool programunder this paragraph.
(d) A program shall not discriminate in enrollment on the basisof sex, race, religion or national origin.
(e) A school district which provides a preschool program undersubsection (c) of this section biennially shall assess, through the fourthgrade when practical, the school readiness and academic performance of pupilswho participate in the program as compared with those who do not participate inthe program. The district shall report the results of the assessment to thedepartment of education and the department shall report the results to thejoint education interim committee of the legislature on or before October 1 ofeach even numbered year. The results of any assessment required by thissubsection shall be open for public inspection.
(f) Nothing in this section supersedes W.S. 21-2-701 through21-2-705.
21-4-303. Right not denied on account of sex, race or religion.
Nochild shall be denied the right to attend the public schools of this state onaccount of sex, race, or religion.
21-4-304. Repealed by Laws 1991, ch. 138, 1.
21-4-305. Suspension or expulsion; authority; procedure.
(a) The board of trustees of any school district may delegateauthority to disciplinarians chosen from the administrative and supervisorystaff to suspend any student from school for a period not to exceed ten (10)school days. In addition, the board of trustees shall, subject to thecase-by-case modification permitted by this subsection, require the districtsuperintendent to expel from school for a period of one (1) year any studentdetermined to possess, use, transfer, carry or sell a deadly weapon as definedunder W.S. 6-1-104(a)(iv) within any school bus as defined by W.S.31-7-102(a)(xl) or within the boundaries of real property used by the districtprimarily for the education of students in grades kindergarten through twelve(12). The superintendent with the approval of the board of trustees may modifythe period of expulsion on a case-by-case basis based upon the circumstances ofthe violation. Upon a violation of this subsection and following notice andhearing requirements of this section, the superintendent shall notify thedistrict attorney of the violation together with the specific act in violationof this subsection and the name of the student violating this subsection. Nothing in this subsection prohibits a district from providing educationalservices to the expelled student in an alternative setting.
(b) The disciplinarian shall give the student to be suspendedoral or written notice of the charges against him and an explanation of theevidence the authorities have. The disciplinarian shall give the student to besuspended an opportunity to be heard and to present his version of the chargesagainst him. No student shall be removed from school without such notice andopportunity to be heard, except as provided by subsection (c) of this section.
(c) The disciplinarian shall give the student to be suspendedthe opportunity to be heard as soon as practicable after the misconduct, unlessthe student's presence endangers persons or property, or threatens disruptionof the academic process, in which case his immediate removal from school may bejustified, but the opportunity to be heard shall follow as soon as practicable,and not later than seventy-two (72) hours after his removal, not countingSaturdays and Sundays. Written notice of suspension shall be sent to thestudent's parents, guardians or custodians within twenty-four (24) hours of thedecision to conduct them.
(d) The board of trustees of any school district or thesuperintendent if designated, may suspend a student for a period exceeding ten(10) school days or may expel a student for a period not to exceed one (1) year,provided the student is afforded an opportunity for a hearing in accordancewith the procedures of the Wyoming Administrative Procedure Act.
(e) Suspension or expulsion shall not be imposed as anadditional punishment for offenses punishable under the laws of the state,except for expulsion by a district superintendent under subsection (a) of thissection, or where the offense was committed at a school function, against theproperty of the school, or is of such nature that continuation of the child inschool would clearly be detrimental to the education, welfare, safety or moralsof other pupils. No suspension or expulsion shall be for longer than one (1)year.
(f) Any decision of the board, or of a designatedsuperintendent, shall be considered a final decision which may be appealed tothe district court of the county in which the school district is located,pursuant to provisions of the Wyoming Administrative Procedure Act. The courtmay, on application or on its own motion, stay the decision of the board orsuperintendent pending appeal, considering both the best interests of the childand the need to maintain an orderly environment conducive to learning for otherchildren.
21-4-306. Suspension or expulsion; grounds.
(a) The following shall be grounds for suspension or expulsionof a child from a public school during the school year:
(i) Continued willful disobedience or open defiance of theauthority of school personnel;
(ii) Willful destruction or defacing of school property duringthe school year or any recess or vacation;
(iii) Any behavior which in the judgment of the local board oftrustees is clearly detrimental to the education, welfare, safety or morals ofother pupils, including the use of foul, profane or abusive language or habituallydisruptive behavior as defined by subsection (b) of this section;
(iv) Torturing, tormenting, or abusing a pupil or in any waymaltreating a pupil or a teacher with physical violence;
(v) Possession, use, transfer, carrying or selling a deadlyweapon as defined under W.S. 6-1-104(a)(iv) within any school bus as defined byW.S. 31-7-102(a)(xl) or within the boundaries of real property used by thedistrict primarily for the education of students in grades kindergarten throughtwelve (12).
(b) As used in paragraph (a)(iii) of this section,"habitually disruptive behavior" means overt behavior willfullyinitiated by a student causing disruption in the classroom, on school grounds,on school vehicles or at school activities or events, which requires theattention of a teacher or other school personnel.
21-4-307. Denial of admission to school.
(a) The board of trustees of any school district within thestate may deny admission to any child who:
(i) Has completed the twelfth grade; or
(ii) Has such a mental or physical disability that based upon aphysician's certificate the board believes such child could not reasonablybenefit from the programs available or the attendance of such child would beinimical to the health, safety, or welfare of other pupils; provided, that theboard shall make the best possible provision for suitable and adequateeducation of such child in accordance with the laws of this state.
21-4-308. Punishment and disciplinary measures; denial of diploma orcredit.
(a) Each board of trustees in each school district within thestate may adopt rules for reasonable forms of punishment and disciplinarymeasures. Subject to such rules, teachers, principals, and superintendents insuch district may impose reasonable forms of punishment and disciplinarymeasures for insubordination, disobedience, and other misconduct.
(b) Teachers, principals and superintendents in each districtshall be immune from civil and criminal liability in the exercise of reasonablecorporal discipline of a student as authorized by board policy.
(c) No diploma or credit for a course which has been completedsuccessfully shall be denied a pupil who has earned it; provided, such diplomaor credit shall not be deemed earned until payment has been made for allindebtedness due to the school district.
21-4-309. Mandatory immunizations for children attending schools;exceptions.
(a) Any person attending, full or part time, any public orprivate school, kindergarten through twelfth grade, shall within thirty (30)days after the date of school entry, provide to the appropriate school officialwritten documentary proof of immunization. For purposes of this section,documentary proof of immunization is written certification by a privatelicensed physician or his representative or by any public health authority,that the person is fully immunized. Documentation shall include month, day andyear of each required immunization received against vaccine preventable diseaseas designated by the state health authority. No school administrator shallpermit a student to attend school for more than thirty (30) calendar dayswithout documentary proof of immunization. If immunization requires a seriesof immunizations over a period of more than thirty (30) calendar days, thechild shall be permitted to attend school while receiving continuingimmunization if the school administrator receives written notification by aprivate licensed physician or his representative or by a public healthofficial, specifying a written schedule for necessary immunization completionwithin the medically accepted time period. Waivers shall be authorized by thestate or county health officer upon submission of written evidence of religiousobjection or medical contraindication to the administration of any vaccine. Inthe presence of an outbreak of vaccine preventable disease as determined by thestate or county health authority, school children for whom a waiver has beenissued and who are not immunized against the occurring vaccine preventabledisease shall be excluded from school attendance for a period of timedetermined by the state or county health authority, but not suspended fromschool as provided in W.S. 21-4-305. Children excluded from school attendanceunder this section shall not be counted in the aggregate number of pupilsabsent as defined in W.S. 21-13-101(a)(i).
(b) The school administrator shall be responsible for an auditof the immunization status of any child enrolled in the school in accordancewith rules and regulations prescribed by the department of health.
(c) The written documented proof of immunization on a formprovided by the state health officer shall be an integral part of the child'sschool record.
(d) For purposes of this section:
(i) "State health officer" means the person appointedby the director of the department of health pursuant to W.S. 9-2-103;
(ii) "County health officer" means the licensedmedical officer designated by the county commissioners to serve as healthofficer for his county;
(iii) "Immunized" or "immunization" meansinitial immunization and any boosters or reimmunizations required to maintainimmunization pursuant to the immunization standards and recommendations issuedby the state health officer.
21-4-310. Self-administration of medication for potentially lifethreatening conditions.
(a) The district board shall permit a student to possess andself-administer within any school of the district medication required forpotentially life threatening conditions if a written statement is submitted tothe district containing applicable:
(i) Parental verification that the student is responsible forand capable of self-administration and parental authorization forself-administration of medication required for potentially life threateningconditions;
(ii) Health care provider identification of the prescribed orauthorized medication required for potentially life threatening conditions andverification of the appropriateness of the student's possession andself-administration of the medication required for potentially life threateningconditions.
(b) The written statement shall be prescribed by the departmentof education, with the assistance of the department of health, and shallrequire the signatures of the parent or guardian of the student and thestudent's physician or physician's representative.
(c) As used in this section:
(i) "Asthma medication" means prescription ornonprescription inhaled asthma medication;
(ii) "Potentially life threatening conditions" includes,but is not limited to asthma, food allergies and insect bites;
(iii) "Medication required for potentially life threateningconditions" includes, but is not limited to asthma medication andprescription single dose epinephrine pens.
21-4-311. Safe school climate act; short title.
This act shall be known and may be cited as the "SafeSchool Climate Act".
21-4-312. Definitions.
(a) As used in this act:
(i) "Harassment, intimidation or bullying" means anyintentional gesture, any intentional electronic communication or anyintentional written, verbal or physical act initiated, occurring or received atschool that a reasonable person under the circumstances should know will havethe effect of:
(A) Harming a student physically or emotionally, damaging astudent's property or placing a student in reasonable fear of personal harm orproperty damage;
(B) Insulting or demeaning a student or group of studentscausing substantial disruption in, or substantial interference with, theorderly operation of the school; or
(C) Creating an intimidating, threatening or abusiveeducational environment for a student or group of students through sufficientlysevere, persistent or pervasive behavior.
(ii) "School" includes a classroom or other locationon school premises, a school bus or other school-related vehicle, a school busstop, an activity or event sponsored by a school, whether or not it is held onschool premises, and any other program or function where the school isresponsible for the child;
(iii) "This act" means W.S. 21-4-311 through 21-4-315.
21-4-313. Prohibition against harassment, intimidation or bullying;reporting to school officials.
(a) No person shall engage in:
(i) Harassment, intimidation or bullying; or
(ii) Reprisal or retaliation against a victim, witness or personwho reports information about an act of harassment, intimidation or bullying.
21-4-314. School district implementation; state policies, training andtechnical assistance.
(a) Not later than December 31, 2009, each school districtshall adopt a policy prohibiting harassment, intimidation or bullying atschool. The school district shall involve parents and guardians, schoolemployees, volunteers, students, administrators and community representativesin the process of creating the policy. Policies created under this sectionshall be continuously reviewed and may be revised as necessary.
(b) The policy prohibiting harassment, intimidation or bullyingshall include, without limitation:
(i) A statement prohibiting harassment, intimidation orbullying of a student;
(ii) A definition of "harassment, intimidation orbullying" which includes at minimum the definition as provided in W.S.21-4-312(a)(i);
(iii) Consequences and appropriate remedial actions for personscommitting acts of harassment, intimidation or bullying or engaging in reprisalor retaliation;
(iv) Procedures for reporting and documenting acts ofharassment, intimidation or bullying, including a provision for reportinganonymously. However, formal disciplinary action shall not be taken solely onthe basis of an anonymous report. The procedures shall identify theappropriate school personnel responsible for receiving a report andinvestigating a complaint;
(v) Procedures for prompt investigation of reports orcomplaints of serious violations;
(vi) A statement that prohibits reprisal or retaliation againsta person who reports or makes a complaint of harassment, intimidation orbullying;
(vii) A strategy for protecting a victim from additionalharassment, intimidation or bullying, and from retaliation following a report;
(viii) Consequences and appropriate remedial action for a personwho is found to have made a false accusation, report or complaint;
(ix) A process for discussing the district's harassment,intimidation or bullying policy with students; and
(x) A statement of how the policy is to be publicized,including notice that the policy applies to participation in functionssponsored by the school.
(c) To assist local school districts in developing a policyunder subsection (b) of this section, the department of education shall notlater than September 1, 2009, develop model policies applicable to gradeskindergarten through twelve (12) and teacher preparation program standards on theidentification and prevention of bullying. In addition, the department shallprovide necessary training programs and technical assistance to districts incarrying out this act.
(d) Each local school board shall include the policy adopted bya school district pursuant to this section in a publication of thecomprehensive rules, procedures and standards of conduct for schools of aschool district and in each school's student's handbook.
(e) Information regarding the school district's policy againstharassment, intimidation or bullying shall be incorporated into each district'sprofessional development programs and shall be provided to volunteers and othernoncertified employees of the district who have significant contact withstudents.
(f) School districts may establish bullying prevention programsor other initiatives and may involve school staff, students, administrators,volunteers, parents, law enforcement and community members.
21-4-315. Applicability; no civil liability created; immunity.
This article shall not be interpreted to prevent a victimfrom seeking redress pursuant to any other applicable civil or criminal law. This article does not create or alter any civil cause of action for monetarydamages against any person or school district nor shall it constitute groundsfor any claim or motion raised by either the state or defendant in anyproceedings, except that the defense of immunity shall be retained and may beasserted in any action arising under this act.
ARTICLE 4 - ISOLATION
21-4-401. Transportation or maintenance for isolated pupils.
(a) The board of trustees of any school district within thestate shall provide transportation or maintenance for isolated elementary,middle, junior high or high school pupils resident within the district,whenever it would be in the best interests of the affected children to providetransportation or maintenance than to establish a school to serve these pupils,and for those isolated pupils resident within the district who are attending aschool in another district pursuant to W.S. 21-4-502. Amounts paid under thissection shall be subject to subsections (d) and (e) of this section and shallnot exceed the actual costs incurred by parents or pupils.
(b) The state superintendent shall adopt reasonable rules andregulations pertaining to residence requirements establishing eligibility underthis section and for provision of tuition and transportation or maintenance. Noperson is eligible as an isolated pupil under this section unless the pupil'sparents or legal guardians demonstrate to the local school board that thefamily's residing in the isolated location is necessary for the family'sfinancial well being. The burden shall be on the parent or guardian todemonstrate that the family's residing in the isolated location is necessaryfor the family's financial well being. The final decision as to eligibilityshall be made by the district board of trustees.
(c) The rights accorded under this section shall be enforceableby writ of mandamus, and in such event the district shall pay all costs andlegal expenses of a petitioner successful in obtaining such writ.
(d) To receive transportation payments under this section, theparent or legal guardian of any isolated pupil eligible under this sectionshall file a transportation reimbursement claim with the district on a formprovided by the district specifying the total round trip miles traveled eachday to and from the bus stop or the school, as applicable. The total round tripmiles shall be multiplied by the applicable mileage rate prescribed under W.S.9-3-103(a)(iii) to compute the daily mileage reimbursement amount. Wherecombined transportation is provided for two (2) or more isolated pupils beingtransported to the same school, only one (1) reimbursement shall be made.Payments to parents or guardians for transporting students to and from schoolshall be computed excluding the first two (2) miles traveled each way. Nopayments shall be paid to a parent or guardian for transportation of studentsunless the pupil resides in an isolated location as specified under subsection(b) of this section.
(e) Monthly maintenance payments may be paid under this sectionin lieu of transportation payments if the pupil resides at a location near theschool rather than the isolated location. The amount paid shall be the lesserof the amount of maintenance payments claimed or the transportation paymentsthat would have been payable under subsection (d) of this section. Monthlymaintenance payments under this section shall reimburse the isolated student'sparent or legal guardian for additional reasonable living expenses for onlythose months school is in session. A district shall be reimbursed for the fullamount of isolation or maintenance payments it makes under this section.Reimbursement shall be made as if the district's total foundation programamount computed under W.S. 21-13-309(p) was increased by the amount ofisolation or maintenance payments made during the preceding year.
21-4-402. Instruction for hospitalized or homebound pupils.
(a) The board of trustees of each school district shall offerhomebound instruction for each pupil in the district who is hospitalized orhomebound for more than one (1) week because of injury or illness.
(b) The board shall also offer homebound instruction for eachpupil in the district who is hospitalized or placed in a state accredited orstate certified treatment facility for more than one (1) week in a hospital orfacility located in another Wyoming school district because of injury orillness. The board shall either provide instruction directly or contract withthe school district in which the pupil is hospitalized or placed in a facilityto provide this instruction. This subsection does not apply to pupils who arehospitalized or placed due to a mental, physical or psychological handicap andwho are receiving educational services under W.S. 21-2-501.
ARTICLE 5 - TUITION
21-4-501. Payment of tuition for children resident in districts whichmaintain no high school; admission of children to high schools in otherdistricts; state board approval for out-of-state placements; duties ofadmitting districts; tuition amount.
(a) Any district which does not maintain a high school shallpay tuition, in addition to transportation or maintenance, for any childresident therein who has successfully completed the course offered therein anddesires to attend high school, at any public school within or subject to theapproval of the state board of education, without the state, which the districtboard may designate in the best interest, welfare and convenience of the child.Application for attendance at a high school outside the state shall be filed bythe nonunified district board with the state department of education. If the nonunifieddistrict provides evidence that the amount of tuition assessed by theout-of-state district for the out-of-state placement shall not exceed onehundred twenty-five percent (125%) of the actual per pupil cost as determinedunder subsection (c) of this section, state board approval shall be waivedunder this subsection.
(b) The board of trustees of any school district within thestate which maintains a high school shall admit, upon payment of tuition,pupils of districts which do not maintain a high school; provided that nothingin this section shall be construed to require a district to admit nonresidentpupils, when to do so would overcrowd the facilities of the admitting districtor in any way work a definite hardship upon the educational program offered bythe admitting district. The admitting district shall:
(i) Include any pupil admitted under this section among itsaverage daily membership (ADM) for purposes of computing the foundation programunder W.S. 21-13-309; and
(ii) Account separately for the portion of the tuition receivedpursuant to this section which is related to school buildings and facilities,as determined by the district and reported to the state department, and depositthat portion in its debt service account. The remainder shall be reported asrevenues for purposes of W.S. 21-13-310(a)(ix).
(c) The amount of tuition assessed under this section shall bedetermined by dividing the total operating cost of the district for theprevious year, plus the cost of bond redemption and interest for the previousyear, by the total of the district's average daily membership for the previousyear.
(d) Subject to state board approval if an out-of-stateplacement as required under subsection (a) of this section, nonunified schooldistricts shall be reimbursed from the school foundation program account fortuition paid under subsection (a) of this section as if the district's totalfoundation program amount for that year as computed under W.S. 21-13-309(p) wasincreased by the amount of the tuition paid during the preceding year.
(e) Any out-of-state placement under subsection (a) of thissection shall include within the agreement with the out-of-state schooldistrict, that district's agreement to provide student transcripts as requiredunder W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-stateschool district to cooperate with the department of education to identify thosecourses provided by the out-of-state school district which satisfy the successcurriculum requirements established under W.S. 21-16-1307.
21-4-502. Attendance in another district when convenient or desirable;admission of pupils resident in other districts; attendance for ADMcomputations specified.
(a) The board of trustees of every school district within thestate may provide for the enrollment of any pupil resident therein in a schoolwithin another district if the pupil desires to attend the school and ifattendance in such other district would be more convenient or is desirablebecause of services available in the other district. The district providing forthe enrollment of the pupil in a school within another district shall notinclude the pupil within its average daily membership (ADM) for purposes of thefoundation program under W.S. 21-13-309.
(b) Any district within the state may admit pupils resident inother districts of the state unless the admission overcrowds the classrooms ofthe admitting district. No district within the state shall be required to admita pupil who has been suspended or expelled by the board of trustees ordesignated disciplinarian of any other district located in or outside thestate. The district admitting a pupil under this subsection shall not assesstuition payments upon the district wherein the pupil resides, but shall includethe pupil within its average daily membership (ADM) for purposes of determiningits foundation program amount under W.S. 21-13-309.
21-4-503. Repealed By Laws 1999, ch. 110, 103.
21-4-504. Cost of maintaining pupil attending school outside districtof residence.
A school district admitting a pupil from a nonunifiedschool district in the state under W.S. 21-4-501 or providing for theenrollment of a pupil in a school within a school district in another stateunder W.S. 21-4-505 shall, in accordance with rules and regulations of thestate department, be reimbursed from the school foundation program account forexpenditures for maintaining that pupil in the admitting district for anylength of time the pupil is required to reside in the admitting district. Reimbursement under this subsection shall be subject to and reported inaccordance with rule and regulation of the state department and shall beadministered as if the district's total foundation program amount computedunder W.S. 21-13-309(p) is increased by the amount of the expenditure formaintenance during the preceding year.
21-4-505. Payment of tuition for pupil attending school in anotherstate; admission of out-of-state pupils.
(a) Whenever it shall appear to the board of trustees of anyschool district within the state that instruction for any pupil residing in thedistrict can be more advantageously or economically furnished by a publicschool maintained by another state, the board of trustees of such Wyomingdistrict may enter into an agreement for the instruction of such pupils atrates of tuition specified in the agreement. The Wyoming district shall bereimbursed for the full amount of tuition assessed by the out of state districtfrom the school foundation program account administered as if the district'stotal foundation program amount computed under W.S. 21-13-309 for that year wasincreased by the amount of the tuition paid during the preceding year. Thedistrict shall not include a pupil attending a school within an out of stateschool district within its average daily membership (ADM) for purposes ofcomputing its foundation program amount under W.S. 21-13-309.
(b) Any school district within the state may enter intoagreements to admit pupils from out of state at the rate of tuition at least ashigh as the actual per pupil cost of the Wyoming district computed as providedin W.S. 21-4-501(c). The admitting district shall:
(i) If it requires payment of tuition at least as high asprovided under W.S. 21-4-501(c), include the admitted out of state pupil withinits average daily membership (ADM) for purposes of computing its foundationprogram amount under W.S. 21-13-309; and
(ii) Account separately for the portion of the tuition receivedpursuant to this subsection which is related to school buildings andfacilities, as determined by the district and reported to the state department,and deposit that portion in its debt service account. The remainder shall bereported as revenues for purposes of W.S. 21-13-310(a)(ix).
(c) Any out-of-state placement under subsection (a) of thissection shall include within the agreement with the out-of-state schooldistrict, that district's agreement to provide student transcripts as requiredunder W.S. 21-16-1308(a)(ii). The agreement shall also require the out-of-stateschool district to cooperate with the department of education to identify thosecourses provided by the out-of-state school district which satisfy the successcurriculum requirements established under W.S. 21-16-1307.
21-4-506. Participation in activities by students not enrolled in thedistrict; limitation on fees.
(a) Any school age child who is a resident of a schooldistrict, who is not under suspension or expulsion by a Wyoming school districtand who is not enrolled as a full-time student in the district in which heresides, shall be permitted by the district to participate in any activitieswhich are sanctioned by the Wyoming high school activities association andwhich are offered by the district subject to the following:
(i) The district may require the student to pay any fees forparticipation which are required by the Wyoming high school activitiesassociation;
(ii) The district may charge that student an additional fee forparticipating, but that fee shall be no more than any fee for participatingcharged to full-time students of the district. The district shall not requirethat student to pay tuition or to pay any other fees or charges as a conditionof participation;
(iii) As a condition of participation, the student shall berequired to comply with all other rules and policies of the district or anyschool activities association applicable to all students participating in theactivity and not related to the assessment of fees or charges.
ARTICLE 6 - EDUCATION PROGRAMS ON THE WIND RIVER INDIANRESERVATION
21-4-601. Education programs on the Wind River Indian Reservation.
(a) The legislature finds that, through education programsprovided by the Eastern Shoshone and the Northern Arapaho Indian Tribes toschool age Indian children residing on the Wind River Indian Reservation, thestate can address conditions of unemployment, poverty and lack of adequate jobskills which exist on the reservation. Maintenance of these education programsunique to Indian students is of mutual benefit to the tribes and the state,reducing future financial needs of those students as tribal members and asWyoming residents for public education, job services, substance abuse servicesand income supplements.
(b) Subject to amounts appropriated by the legislature, thestate superintendent of public instruction shall enter into negotiations withthe individual or joint business councils of the Eastern Shoshone and NorthernArapaho Indian Tribes to determine the appropriate contractual arrangements forthe provision of education programs and services addressing Indian students atrisk of failure in school and other programs and services essential to thesuccess and welfare of these students as specified under subsection (a) of thissection. Contractual arrangements entered into under this subsection shallinclude a requirement that the expenditure of contractual amounts, as verifiedannually in writing, is for programs tied to improvement of student performanceon the statewide assessment. For purposes of this section, the statesuperintendent shall include an amount within his biennial budget request whichis computed in accordance with subsection (c) of this section to provide a perstudent amount that when nonstate funding sources are considered, is comparableto per student amounts provided for public schools under the Wyoming educationresource block grant model.
(c) To arrive at a biennial funding amount for purposes ofsubsection (b) of this section, an estimate shall be computed as follows:
(i) Determine a combined average per student funding levelunder the Wyoming education resource block grant model for Fremont Countyschool districts number fourteen (14), number twenty-one (21) and numberthirty-eight (38);
(ii) Multiply the per student amount determined under paragraph(i) of this subsection by the number of students enrolled in education programsand services provided by the joint business council pursuant to subsection (a)of this section;
(iii) Subtract from the amount computed under paragraph (ii) ofthis subsection all Federal Bureau of Indian Affairs funds for K-12 programsreceived by the joint business council for education programs and servicesprovided under subsection (a) of this section.
(d) The joint business council of the Eastern Shoshone and theNorthern Arapaho Indian Tribes shall annually report to the governor, the statesuperintendent of public instruction, the joint education interim committee andthe select committee on tribal relations on the expenditure of contractualamounts as required under subsection (b) of this section.
