Thisarticle shall be known and cited as the Wyoming Teacher Employment Law.
21-7-102. Definitions.
(a) As used in the article the following definitions shallapply:
(i) "Board". - The board of trustees of any school district in the stateof Wyoming offering instruction in any of the grades kindergarten throughtwelve (12);
(ii) "Continuing Contract Teacher":
(A) Any initial contract teacher who has been employed by thesame school district in the state of Wyoming for a period of three (3)consecutive school years, and has had his contract renewed for a fourthconsecutive school year; or
(B) A teacher who has achieved continuing contract status inone (1) district, and who without lapse of time has taught two (2) consecutiveschool years and has had his contract renewed for a third consecutive schoolyear by the employing school district.
(iii) "Dismissal". - The cancellation of any teacher's contract of employment bythe board of trustees while such contract is in effect. In the case of acontinuing contract teacher, dismissal shall mean cancellation of his contractat any time other than at the end of a school year where proper notice has beengiven;
(v) "Superintendent". -The chiefadministrative officer of any school district;
(vi) "Suspension with pay" means the removal of a teacher from the classroom during theschool year without termination of salary pending the outcome of a hearing inaccordance with W.S. 21-7-110;
(vii) "Teacher". - Any person employed under contract by the board of trusteesof a school district as a certified professional employee;
(viii) "Termination". - The failure of the board of trustees of a school districtin Wyoming to reemploy a teacher at the end of a school year in any given year;
(ix) "Suspension without pay" means the removal of ateacher from the classroom during the school year with the termination ofsalary for a period not to exceed one (1) calendar year commencing uponcompletion of a hearing held under W.S. 21-7-110.
21-7-103. Absences and leaves not considered interruptions in service.
Absencesand leaves of absence approved by the employing board shall not be consideredas interruptions in service for purposes of determining continuing contractstatus.
21-7-104. Employment of continuing contract teachers on continuingbasis; salary increases.
(a) A continuing contract teacher shall be employed by eachschool district on a continuing basis from year to year without annual contractrenewal at a salary determined by the board of trustees of each district, saidsalary subject to increases from time to time as provided for in the salaryprovisions adopted by the board.
(b) Any teacher hired by a Wyoming school district shallreceive credit in accordance with that district's salary schedule for all prioryears of service obtained as a teacher in any Wyoming school district or as ateacher in the regional developmental preschool system defined by W.S.21-2-701(a)(iii).
21-7-105. Employment of initial contract teachers on annual basis;notice of termination to such teachers.
Aninitial contract teacher who has taught in the system continuously for a periodof at least ninety (90) days shall be hired on an annual basis and shall benotified in writing of the reasons for termination, if such is the case, nolater than April 15 of each year. An initial contract teacher's employment maybe terminated for any reason not specifically prohibited by law, and a board isnot limited to the reasons set forth in W.S. 21-7-110(a). The notice oftermination shall not be disseminated to the public or to prospective employersabsent the teacher's consent. Nothing contained in this section shall limitthe use of the notice in any hearing.
21-7-106. Notice of recommendation of termination to teacher; whentermination effective.
(a) A continuing contract teacher shall be notified of arecommendation of termination by the superintendent or any member of the boarddesignated by the superintendent or designated by the board pursuant to a majorityvote of the board by giving the teacher written notice together with writtenreasons for termination on or before April 15 of any year. Upon receipt ofnotice, the teacher may request a hearing on the recommendation before anindependent hearing officer as provided under W.S. 21-7-110.
(b) If ordered by the board under W.S. 21-7-110(g), terminationunder recommendation shall be effective at the end of the school year in theyear in which notice of termination is given.
21-7-107. Resignation of teachers.
Anyteacher may resign his position, effective at the end of the school year, bygiving written notice on or before May 15 of any year, to the superintendent ofschools or any other designated official, of his desire not to be employed bythe school district for the following year.
21-7-108. Repealed by Laws 1993, ch. 219, 2.
21-7-109. When contract offered to and accepted by initial contractteacher.
Theboard must offer a contract for the ensuing year to each initial contractteacher if such is to be offered by April 15, and it must be accepted by May 15of each year or the position will be declared open.
21-7-110. Suspension or dismissal of teachers; notice; hearing;independent hearing officer; board review and decision; appeal.
(a) The board may suspend or dismiss any teacher or terminateany continuing contract teacher for incompetency, neglect of duty, immorality,insubordination, unsatisfactory performance or any other good or just cause.
(b) Suspension or dismissal proceedings shall be initiated bythe superintendent or any member of the board designated by the superintendentor designated by the board pursuant to a majority vote of the board deliveringto the teacher a written notice of suspension or dismissal, together withwritten reasons.
(c) Any continuing contract teacher receiving notice of arecommendation of termination under W.S. 21-7-106(a) or against whom dismissalor suspension proceedings are instituted is entitled to a hearing before anindependent hearing officer on the recommendation or the reasons for dismissalor suspension, upon submission of a written request to the superintendent. Therequest for hearing shall be given within seven (7) days after receipt ofnotice under W.S. 21-7-106(a) or subsection (b) of this section. Theindependent hearing officer shall insofar as possible, be impartial,experienced in education, labor and employment matters and in the conduct ofhearings. Within five (5) days following receipt of the hearing request, thesuperintendent and the teacher shall jointly select a hearing officer. If theyfail to agree upon selection, the district judge of the judicial district inwhich the school district is located shall upon request select a hearingofficer. Expenses of the hearing officer shall be paid equally by the schooldistrict and the teacher.
(d) Within five (5) days after selection, the hearing officershall set the date for hearing and notify the teacher and superintendent of thehearing date, time and location. In no event shall the hearing commence on adate later than forty-five (45) days after notice under W.S. 21-7-106(a) orsubsection (b) of this section, as applicable. The hearing shall be conductedin accordance with the Wyoming Administrative Procedure Act and the hearingofficer may accordingly receive or reject evidence and testimony, administeroaths and if necessary, subpoena witnesses. All school district recordspertaining to the teacher shall be made available to the hearing officer.
(e) At the hearing, the teacher has the right to appear inperson with or without counsel, to be heard, to present testimony or witnessesand all evidence bearing upon proposed termination, dismissal or suspension and to cross-examine witnesses. The superintendent shall have the burden ofproving that the recommendation for termination is based upon reasons providedin the notice of termination submitted pursuant to W.S. 21-7-106(a) or thatsuspension or dismissal is based upon reasons specified in the notice givenunder subsection (b) of this section, as applicable.
(f) The hearing officer shall review the evidence andtestimony, render written findings of fact and recommend the teacher beterminated, suspended or dismissed, or that the teacher be retained. Thefindings and recommendations shall be forwarded to the teacher, thesuperintendent and members of the board within twenty (20) days followingconclusion of the hearing.
(g) The board shall review the findings of fact andrecommendation submitted by the hearing officer and within twenty (20) daysafter receipt, issue a written order to either terminate, suspend or dismissthe teacher, or to retain the teacher. If the board terminates, suspends ordismisses the teacher's employment over a recommendation by the hearing officerfor retention, the written order of the board shall include a conclusiontogether with reasons supported by the record. A copy of the order shall beprovided to the teacher and a copy shall be entered into the school districtrecords pertaining to the teacher. Any action by the board pursuant to thissubsection shall be approved by a majority of the duly elected members of theboard.
(h) Appeals may be taken from the order of the board to thedistrict court as provided by the Wyoming Administrative Procedure Act. Anelectronic recording of hearing proceedings may serve as the officialtranscript but upon appeal, the district court may request a written transcriptof the proceedings or any portion of the proceedings. The cost of transcribingthe record shall be borne equally by the teacher and the school district.
21-7-111. Inapplicability of provisions.
(a) Nothing in this article shall prohibit:
(i) The transfer of a teacher within a school system to aposition of equal or greater salary;
(ii) The retirement of a teacher in accordance with anestablished policy of retirement;
(iii) The reduction of a salary of a teacher as part of a generalsalary reduction applicable to at least fifty percent (50%) of the teachersemployed by a school district;
(iv) The termination of the contract of a teacher at the end ofcurrent school year because of a decrease in the size of faculty due todecreased enrollment, combining of school districts or an event beyond thecontrol of the board if notice of termination is given pursuant to W.S.21-7-105 and 21-7-106(a) except the request for a hearing does not apply;
(v) The termination of extra services or duties together with acorresponding termination of any pay for such extra services.
(b) Nothing in this article including the duty to provide areason for termination of an initial contract teacher's employment, shall beinterpreted as requiring any hearing or as requiring any proof of cause ifschool districts are not prohibited from providing by policy or contract,additional procedures or rights to initial contract teachers.
21-7-112. Effect on existing contracts.
Thecontracts of all teachers in the state of Wyoming from and after the effectivedate of this act shall be subject to the policies, rules, and regulations ofthe school district not in conflict with this law or the other laws of thestate of Wyoming.
21-7-113. Application to teachers presently employed.
Theprovisions of this article shall apply to all teachers who are teaching inWyoming on the effective date hereof; provided, however, the status of teacherscovered under this act will be determined by their original date of employmentas a teacher in the state of Wyoming.
21-7-114. Designation by schools of continuing contract teachers.
Anyboard may designate a teacher as a continuing contract teacher at any timewithout regard to the other provisions of this article.
ARTICLE 2 - TEACHER SCHOLARSHIPS
21-7-201. Repealed by Laws 1994, ch. 17, 2.
21-7-202. Repealed by Laws 1994, ch. 17, 2.
21-7-203. Repealed by Laws 1994, ch. 17, 2.
21-7-204. Repealed by Laws 1994, ch. 17, 2.
21-7-205. Repealed by Laws 1994, ch. 17, 2.
21-7-206. Repealed by Laws 1994, ch. 17, 2.
21-7-207. Repealed by Laws 1994, ch. 17, 2.
ARTICLE 3 - TEACHERS IN GENERAL
21-7-301. Insurance and other fringe and employment benefits.
(a) The board of trustees of each school district within thestate may provide health insurance, life insurance, and other fringe and employmentbenefits of all types for the teachers, administrative personnel and otheremployees of the school district to such extent as it deems such benefits to bein the best interest of the school district. Benefits under this subsectionmay be paid for entirely by the school district or partly by the schooldistrict and partly by the employee, the degree of participation of each beingentirely within the discretion of the board of trustees. Benefits under thissubsection may be in addition to any benefits obtained through the groupinsurance plan if elected by the school district under W.S. 9-3-201(e).
(b) The board of trustees of each school district which is aparticipating district in the state employees' and officials' group insuranceplan, as defined under W.S. 9-3-203(a)(xv), shall provide insurance under thegroup plan for the teachers, administrative personnel and other employeesmeeting the definition of employee under W.S. 9-3-203(a)(iv), as provided byW.S. 9-3-202 through 9-3-218. Each participating school district shall reportto the department of administration and information as specified by W.S.9-3-205(e) and make payments for employer and employee contributions asprovided by W.S. 9-3-210 and 9-3-211. The amount of contributions paid underW.S. 9-3-211 for each employee electing coverage shall be deducted from theemployee's monthly salary in accordance with W.S. 9-3-211.
21-7-302. Discrimination in compensation prohibited.
Nodiscrimination in the amount of compensation for the teachers in the publicschools of this state shall be made on account of sex, race or religiousbelief.
21-7-303. Certificate or permit required; exception.
(a) Except as otherwise provided in subsection (b), (c) or (d)of this section, no person shall teach or supervise in a public school in thisstate and receive compensation therefor out of any public fund who at the timeof rendering such services is not a holder of or a candidate and qualified fora certificate or permit issued or to be issued under the laws of this state andthe rules and regulations of the Wyoming professional teaching standards boardpursuant to W.S. 21-2-802.
(b) Faculty members employed, even if for less than a calendaryear, by any postsecondary education institution accredited by a regionalaccrediting agency may teach courses offered at a public high school in thisstate without holding or being qualified for a certificate or permit issued bythe Wyoming professional teaching standards board and without meeting the requirementsof W.S. 21-7-304 as provided in this subsection. A person teaching at a publicschool pursuant to this subsection shall teach only if the course is within thesame subject area in which he instructs at the accredited postsecondaryinstitution and:
(i) The course provides academic credit for both high schoolgraduation requirements and postsecondary education requirements; or
(ii) The course provides only academic credit for high schoolgraduation requirements and there is no other certified and qualified teacherteaching at that school available to teach the course.
(c) In accordance with the provisions of this subsection, aperson may teach driver education in a public school in this state withoutholding or being qualified for a certificate or permit issued by the Wyomingprofessional teaching standards board and without meeting the requirements ofW.S. 21-7-304. The Wyoming professional teaching standards board shall by ruleestablish and maintain minimum standards for a permit for that employment whichshall be applicable only as provided in this subsection. A person employed bya school district to teach driver education in a public school in this state,shall not be employed for more than three (3) consecutive school years in anyperiod beginning after July 1, 1997, unless the person has met the requirementsof the professional teaching standards board for a permit to teach drivereducation.
(d) A person may be employed as superintendent of schools byany district board of trustees without holding or being qualified forcertification by the Wyoming professional teaching standards board pursuant toW.S. 21-2-802. A person who has not qualified for certification pursuant toW.S. 21-2-802 shall be required to comply with W.S. 21-2-802(e) prior to beingemployed by any district board as a superintendent of schools.
21-7-304. Candidate for certificate must pass examination on state andfederal constitutions.
Allpersons hereafter applying for certificates authorizing them to become administratorsor teachers in the public schools of this state shall before receiving suchcertificate be required to pass a satisfactory examination upon the provisionsand principles of the constitutions of the United States and the state ofWyoming or present evidence of having successfully completed a courseequivalent to that required in W.S. 21-9-102.
ARTICLE 4 - EMPLOYEE SECURITY REQUIREMENTS
21-7-401. Boards of trustees to require criminal history backgroundinformation.
Theboard of trustees of each school district within the state shall require anyemployee initially hired by the school board on or after July 1, 1996, who mayhave access to minors to submit to fingerprinting for the purpose of obtainingstate or national criminal history record information before employment. Theprovisions of this section shall not apply to persons certificated under W.S.21-2-802 who have met the requirements of this section pursuant to thecertification process.
ARTICLE 5 - NATIONAL CERTIFICATION
21-7-501. National certification incentive; certification feereimbursement; consultants and mentors; certified teacher pay incentivereimbursement.
(a) The professional teaching standards board shall by ruleestablish a program under which school districts shall reimburse no more thanfifty (50) teachers and certified or licensed service providers employed byWyoming school districts the actual cost of receiving national certification,not to exceed the national certification fee established by the national boardfor professional teaching standards for the applicable year certification wasreceived, provided:
(i) The teacher has completed at least three (3) years ofteaching in the state of Wyoming;
(ii) The teacher or service provider, as applicable, wassuccessful in receiving his national certification; and
(iii) The teacher agrees to mentor at least one (1) other teacheremployed in the state of Wyoming through the national certification process.
(b) Upon verification by the professional teaching standardsboard that national certification is complete, the district which employs theteacher or service provider shall subject to the limit imposed under subsection(a) of this section, reimburse the teacher or service provider for the actualcost of the national certification fee.
(c) A school district may apply for an innovative program grantunder W.S. 21-22-106(a)(iii) to recover amounts reimbursed to teachers andservice providers under subsection (b) of this section.
(d) Teachers who accept reimbursement for their nationalcertification costs under subsection (b) of this section shall serve as amentor, under the supervision of the professional teaching standards board, forat least one (1) other teacher employed in the state of Wyoming through thenational certification process. Teachers who accept reimbursement may alsoconsent to be a consultant with local education agencies on staff developmentprograms. Districts requesting consultation for staff development shall pay theconsultant fees involved. No fee shall be charged for teachers seeking theirown national certification.
(e) Repealed By Laws 2001, Ch. 193, 2.
(f) In addition to reimbursement of the cost of national boardcertification under subsection (b) of this section, and to promote employmentof national board certified teachers by school districts, each districtemploying a national board certified teacher shall be reimbursed for paymentsto these teachers subject to the following:
(i) For each year the certificate is valid, the districtprovides each teacher employed by the district and holding certification by thenational board for professional teaching standards a lump sum payment of fourthousand dollars ($4,000.00) which is in addition to the teacher's annualsalary as determined by the board, and which is paid to each certified teacherbetween December 1 and December 31 of the school year for which application ismade under paragraph (ii) of this subsection;
(ii) Effective school year 2007-2008 and each school yearthereafter, the teacher holding certification shall be employed by the districtfull-time as a teacher;
(iii) The district submits a report to the department ofeducation in a manner, on a form and at times specified by department rule andregulation, documenting the number of national board certified teachersemployed by the district, verifying payments to such teachers in accordancewith paragraph (i) of this subsection;
(iv) From amounts appropriated by the legislature from thepublic school foundation program account for purposes of this subsection, thedepartment of education shall distribute payments to eligible districts inaccordance with this subsection on or before February 15 of the applicableschool year, together with the district's foundation payment under W.S.21-13-313(c), if applicable;
(v) Not later than December 31, 2007, and each December 31thereafter, the department shall report to the joint education interimcommittee on district reports submitted under paragraph (iii) of thissubsection and estimated distributions under this subsection to eligibledistricts for the applicable reporting period.
ARTICLE 6 - WYOMING TEACHER SHORTAGE LOAN REPAYMENT PROGRAM
(a) The Wyoming teacher shortage loan repayment program iscreated to be administered by the Wyoming community college commissionestablished under W.S. 21-18-201. Applicants shall have a Wyoming residence,as defined in W.S. 22-1-102(a)(xxx), or shall be graduates of a Wyoming highschool and may apply for loans from the program in accordance with thissection.
(b) To qualify for a loan under this section, the applicantshall first:
(i) Be enrolled in good standing in a teacher education programat the University of Wyoming leading to:
(A) Certification as a special education, math, science orforeign language teacher; or
(B) Eligibility for an additional endorsement to teach readingor English as a second language.
(ii) If in a program leading to certification under subparagraph(i)(A) under this subsection, have class standing of at least a junior for thefirst semester for which application for a loan under this program is made;
(iii) If in a program leading to certification under subparagraph(i)(A) of this subsection, apply for federal financial assistance.
(c) Subject to the availability of funds appropriated for thisprogram, loans under this section may be granted to qualified applicants topay:
(i) The unmet financial need, as determined by the Wyomingcommunity college commission, of attendance at the teacher education programspecified under subparagraph (b)(i)(A) of this section; or
(ii) The cost of attendance at the teacher education programspecified under subparagraph (b)(i)(B) of this section.
(d) Except for a loan for teacher education programs specifiedunder subparagraph (b)(i)(B) of this section, a loan provided under thissection shall not exceed the cost of attendance for the approved program, reducedby the amount of any Pell or other federal grant and any employer basedfinancial assistance received by the applicant.
(e) A recipient of a loan under this section may repay the loanwithout cash payment by teaching at least fifty percent (50%) of his workinghours as a teacher in special education, math, science, foreign language,reading or English as a second language as a certified teacher in a Wyomingpublic school as provided in subsection (f) of this section. To qualify asrepayment under this subsection, work shall be performed within the minimumamount of time necessary to repay the loan, plus two (2) years, which shallbegin with the calendar month following the month in which the studentcompleted the academic program.
(f) Qualified work under subsection (e) of this section shallbe credited such that the student's loan balance is reduced on the basis of one(1) year of full-time employment repaying the loan balance for one (1) academicyear of full-time enrollment. Qualified work shall be credited on aproportional basis to the loan balance.
(g) Any recipient of a loan under this section who fails:
(i) To complete the academic program for which the loan wasprovided shall commence cash repayment of the loan no later than forty-five(45) days after the recipient leaves the academic program;
(ii) To obtain employment in the targeted occupation for whichthe person received the education within two hundred forty (240) days aftersuccessfully obtaining the appropriate certification, shall commence cashrepayment of the loan within two hundred eighty-five (285) days aftersuccessfully obtaining the appropriate certification;
(iii) To obtain the appropriate certification within one hundredeighty (180) days after completion of the program shall commence cash repaymentof the loan.
(h) Loan repayment options under this section may be deferredfor a period not to exceed five (5) years while a loan recipient is serving onfull-time active duty with any branch of the military services of the UnitedStates.
(j) The Wyoming community college commission shall have thepowers and duties specified under W.S. 21-18-202(c) to implement this sectionand shall establish terms and conditions of loans issued under this section,including:
(i) Interest rates and loan terms;
(ii) The form and process for loan application, review andaward;
(iii) Criteria under which students may be relieved from havingto repay loans and interest thereon, in whole or in part, where the requirementto repay would cause undue hardship;
(iv) Criteria for determining the cost of attendance as used inestablishing the loan amount for teacher education programs specified underparagraph (b)(i)(B) of this section, based upon each semester or summer schoolsession of full or part-time program attendance.
(k) Funding of the loan program established under this sectionshall be by appropriation of the legislature. The community college commissionshall transfer approved loan amounts to the University of Wyoming.
(m) Cash repayment of loans and interest thereon shall becredited to the school foundation program account.
(n) The community college commission shall annually review theloan program established under this section and report to the governor and thelegislature in accordance with W.S. 9-2-1014, regarding program results, fundsreceived and loans issued during the preceding academic year, together with thestatus of all outstanding loan commitments and repayments under the program. The report required under this subsection shall include information submittedby the professional teaching standards board regarding the impact of theprogram on identified teacher shortage areas and recommendations formodifications to the program, including funding levels, to address otheridentified teacher shortage areas.
(o) This program created by this section shall expire effectiveJune 30, 2016.
(p) Notwithstanding subsection (o) of this section:
(i) Any person who receives a loan under this section shallcontinue to receive funding for the program as the person remains eligible asrequired by this section;
(ii) Repayment of loans provided under this section shallcontinue as specified by this section until all loan obligations have beensatisfied.
Thisarticle shall be known and cited as the Wyoming Teacher Employment Law.
21-7-102. Definitions.
(a) As used in the article the following definitions shallapply:
(i) "Board". - The board of trustees of any school district in the stateof Wyoming offering instruction in any of the grades kindergarten throughtwelve (12);
(ii) "Continuing Contract Teacher":
(A) Any initial contract teacher who has been employed by thesame school district in the state of Wyoming for a period of three (3)consecutive school years, and has had his contract renewed for a fourthconsecutive school year; or
(B) A teacher who has achieved continuing contract status inone (1) district, and who without lapse of time has taught two (2) consecutiveschool years and has had his contract renewed for a third consecutive schoolyear by the employing school district.
(iii) "Dismissal". - The cancellation of any teacher's contract of employment bythe board of trustees while such contract is in effect. In the case of acontinuing contract teacher, dismissal shall mean cancellation of his contractat any time other than at the end of a school year where proper notice has beengiven;
(v) "Superintendent". -The chiefadministrative officer of any school district;
(vi) "Suspension with pay" means the removal of a teacher from the classroom during theschool year without termination of salary pending the outcome of a hearing inaccordance with W.S. 21-7-110;
(vii) "Teacher". - Any person employed under contract by the board of trusteesof a school district as a certified professional employee;
(viii) "Termination". - The failure of the board of trustees of a school districtin Wyoming to reemploy a teacher at the end of a school year in any given year;
(ix) "Suspension without pay" means the removal of ateacher from the classroom during the school year with the termination ofsalary for a period not to exceed one (1) calendar year commencing uponcompletion of a hearing held under W.S. 21-7-110.
21-7-103. Absences and leaves not considered interruptions in service.
Absencesand leaves of absence approved by the employing board shall not be consideredas interruptions in service for purposes of determining continuing contractstatus.
21-7-104. Employment of continuing contract teachers on continuingbasis; salary increases.
(a) A continuing contract teacher shall be employed by eachschool district on a continuing basis from year to year without annual contractrenewal at a salary determined by the board of trustees of each district, saidsalary subject to increases from time to time as provided for in the salaryprovisions adopted by the board.
(b) Any teacher hired by a Wyoming school district shallreceive credit in accordance with that district's salary schedule for all prioryears of service obtained as a teacher in any Wyoming school district or as ateacher in the regional developmental preschool system defined by W.S.21-2-701(a)(iii).
21-7-105. Employment of initial contract teachers on annual basis;notice of termination to such teachers.
Aninitial contract teacher who has taught in the system continuously for a periodof at least ninety (90) days shall be hired on an annual basis and shall benotified in writing of the reasons for termination, if such is the case, nolater than April 15 of each year. An initial contract teacher's employment maybe terminated for any reason not specifically prohibited by law, and a board isnot limited to the reasons set forth in W.S. 21-7-110(a). The notice oftermination shall not be disseminated to the public or to prospective employersabsent the teacher's consent. Nothing contained in this section shall limitthe use of the notice in any hearing.
21-7-106. Notice of recommendation of termination to teacher; whentermination effective.
(a) A continuing contract teacher shall be notified of arecommendation of termination by the superintendent or any member of the boarddesignated by the superintendent or designated by the board pursuant to a majorityvote of the board by giving the teacher written notice together with writtenreasons for termination on or before April 15 of any year. Upon receipt ofnotice, the teacher may request a hearing on the recommendation before anindependent hearing officer as provided under W.S. 21-7-110.
(b) If ordered by the board under W.S. 21-7-110(g), terminationunder recommendation shall be effective at the end of the school year in theyear in which notice of termination is given.
21-7-107. Resignation of teachers.
Anyteacher may resign his position, effective at the end of the school year, bygiving written notice on or before May 15 of any year, to the superintendent ofschools or any other designated official, of his desire not to be employed bythe school district for the following year.
21-7-108. Repealed by Laws 1993, ch. 219, 2.
21-7-109. When contract offered to and accepted by initial contractteacher.
Theboard must offer a contract for the ensuing year to each initial contractteacher if such is to be offered by April 15, and it must be accepted by May 15of each year or the position will be declared open.
21-7-110. Suspension or dismissal of teachers; notice; hearing;independent hearing officer; board review and decision; appeal.
(a) The board may suspend or dismiss any teacher or terminateany continuing contract teacher for incompetency, neglect of duty, immorality,insubordination, unsatisfactory performance or any other good or just cause.
(b) Suspension or dismissal proceedings shall be initiated bythe superintendent or any member of the board designated by the superintendentor designated by the board pursuant to a majority vote of the board deliveringto the teacher a written notice of suspension or dismissal, together withwritten reasons.
(c) Any continuing contract teacher receiving notice of arecommendation of termination under W.S. 21-7-106(a) or against whom dismissalor suspension proceedings are instituted is entitled to a hearing before anindependent hearing officer on the recommendation or the reasons for dismissalor suspension, upon submission of a written request to the superintendent. Therequest for hearing shall be given within seven (7) days after receipt ofnotice under W.S. 21-7-106(a) or subsection (b) of this section. Theindependent hearing officer shall insofar as possible, be impartial,experienced in education, labor and employment matters and in the conduct ofhearings. Within five (5) days following receipt of the hearing request, thesuperintendent and the teacher shall jointly select a hearing officer. If theyfail to agree upon selection, the district judge of the judicial district inwhich the school district is located shall upon request select a hearingofficer. Expenses of the hearing officer shall be paid equally by the schooldistrict and the teacher.
(d) Within five (5) days after selection, the hearing officershall set the date for hearing and notify the teacher and superintendent of thehearing date, time and location. In no event shall the hearing commence on adate later than forty-five (45) days after notice under W.S. 21-7-106(a) orsubsection (b) of this section, as applicable. The hearing shall be conductedin accordance with the Wyoming Administrative Procedure Act and the hearingofficer may accordingly receive or reject evidence and testimony, administeroaths and if necessary, subpoena witnesses. All school district recordspertaining to the teacher shall be made available to the hearing officer.
(e) At the hearing, the teacher has the right to appear inperson with or without counsel, to be heard, to present testimony or witnessesand all evidence bearing upon proposed termination, dismissal or suspension and to cross-examine witnesses. The superintendent shall have the burden ofproving that the recommendation for termination is based upon reasons providedin the notice of termination submitted pursuant to W.S. 21-7-106(a) or thatsuspension or dismissal is based upon reasons specified in the notice givenunder subsection (b) of this section, as applicable.
(f) The hearing officer shall review the evidence andtestimony, render written findings of fact and recommend the teacher beterminated, suspended or dismissed, or that the teacher be retained. Thefindings and recommendations shall be forwarded to the teacher, thesuperintendent and members of the board within twenty (20) days followingconclusion of the hearing.
(g) The board shall review the findings of fact andrecommendation submitted by the hearing officer and within twenty (20) daysafter receipt, issue a written order to either terminate, suspend or dismissthe teacher, or to retain the teacher. If the board terminates, suspends ordismisses the teacher's employment over a recommendation by the hearing officerfor retention, the written order of the board shall include a conclusiontogether with reasons supported by the record. A copy of the order shall beprovided to the teacher and a copy shall be entered into the school districtrecords pertaining to the teacher. Any action by the board pursuant to thissubsection shall be approved by a majority of the duly elected members of theboard.
(h) Appeals may be taken from the order of the board to thedistrict court as provided by the Wyoming Administrative Procedure Act. Anelectronic recording of hearing proceedings may serve as the officialtranscript but upon appeal, the district court may request a written transcriptof the proceedings or any portion of the proceedings. The cost of transcribingthe record shall be borne equally by the teacher and the school district.
21-7-111. Inapplicability of provisions.
(a) Nothing in this article shall prohibit:
(i) The transfer of a teacher within a school system to aposition of equal or greater salary;
(ii) The retirement of a teacher in accordance with anestablished policy of retirement;
(iii) The reduction of a salary of a teacher as part of a generalsalary reduction applicable to at least fifty percent (50%) of the teachersemployed by a school district;
(iv) The termination of the contract of a teacher at the end ofcurrent school year because of a decrease in the size of faculty due todecreased enrollment, combining of school districts or an event beyond thecontrol of the board if notice of termination is given pursuant to W.S.21-7-105 and 21-7-106(a) except the request for a hearing does not apply;
(v) The termination of extra services or duties together with acorresponding termination of any pay for such extra services.
(b) Nothing in this article including the duty to provide areason for termination of an initial contract teacher's employment, shall beinterpreted as requiring any hearing or as requiring any proof of cause ifschool districts are not prohibited from providing by policy or contract,additional procedures or rights to initial contract teachers.
21-7-112. Effect on existing contracts.
Thecontracts of all teachers in the state of Wyoming from and after the effectivedate of this act shall be subject to the policies, rules, and regulations ofthe school district not in conflict with this law or the other laws of thestate of Wyoming.
21-7-113. Application to teachers presently employed.
Theprovisions of this article shall apply to all teachers who are teaching inWyoming on the effective date hereof; provided, however, the status of teacherscovered under this act will be determined by their original date of employmentas a teacher in the state of Wyoming.
21-7-114. Designation by schools of continuing contract teachers.
Anyboard may designate a teacher as a continuing contract teacher at any timewithout regard to the other provisions of this article.
ARTICLE 2 - TEACHER SCHOLARSHIPS
21-7-201. Repealed by Laws 1994, ch. 17, 2.
21-7-202. Repealed by Laws 1994, ch. 17, 2.
21-7-203. Repealed by Laws 1994, ch. 17, 2.
21-7-204. Repealed by Laws 1994, ch. 17, 2.
21-7-205. Repealed by Laws 1994, ch. 17, 2.
21-7-206. Repealed by Laws 1994, ch. 17, 2.
21-7-207. Repealed by Laws 1994, ch. 17, 2.
ARTICLE 3 - TEACHERS IN GENERAL
21-7-301. Insurance and other fringe and employment benefits.
(a) The board of trustees of each school district within thestate may provide health insurance, life insurance, and other fringe and employmentbenefits of all types for the teachers, administrative personnel and otheremployees of the school district to such extent as it deems such benefits to bein the best interest of the school district. Benefits under this subsectionmay be paid for entirely by the school district or partly by the schooldistrict and partly by the employee, the degree of participation of each beingentirely within the discretion of the board of trustees. Benefits under thissubsection may be in addition to any benefits obtained through the groupinsurance plan if elected by the school district under W.S. 9-3-201(e).
(b) The board of trustees of each school district which is aparticipating district in the state employees' and officials' group insuranceplan, as defined under W.S. 9-3-203(a)(xv), shall provide insurance under thegroup plan for the teachers, administrative personnel and other employeesmeeting the definition of employee under W.S. 9-3-203(a)(iv), as provided byW.S. 9-3-202 through 9-3-218. Each participating school district shall reportto the department of administration and information as specified by W.S.9-3-205(e) and make payments for employer and employee contributions asprovided by W.S. 9-3-210 and 9-3-211. The amount of contributions paid underW.S. 9-3-211 for each employee electing coverage shall be deducted from theemployee's monthly salary in accordance with W.S. 9-3-211.
21-7-302. Discrimination in compensation prohibited.
Nodiscrimination in the amount of compensation for the teachers in the publicschools of this state shall be made on account of sex, race or religiousbelief.
21-7-303. Certificate or permit required; exception.
(a) Except as otherwise provided in subsection (b), (c) or (d)of this section, no person shall teach or supervise in a public school in thisstate and receive compensation therefor out of any public fund who at the timeof rendering such services is not a holder of or a candidate and qualified fora certificate or permit issued or to be issued under the laws of this state andthe rules and regulations of the Wyoming professional teaching standards boardpursuant to W.S. 21-2-802.
(b) Faculty members employed, even if for less than a calendaryear, by any postsecondary education institution accredited by a regionalaccrediting agency may teach courses offered at a public high school in thisstate without holding or being qualified for a certificate or permit issued bythe Wyoming professional teaching standards board and without meeting the requirementsof W.S. 21-7-304 as provided in this subsection. A person teaching at a publicschool pursuant to this subsection shall teach only if the course is within thesame subject area in which he instructs at the accredited postsecondaryinstitution and:
(i) The course provides academic credit for both high schoolgraduation requirements and postsecondary education requirements; or
(ii) The course provides only academic credit for high schoolgraduation requirements and there is no other certified and qualified teacherteaching at that school available to teach the course.
(c) In accordance with the provisions of this subsection, aperson may teach driver education in a public school in this state withoutholding or being qualified for a certificate or permit issued by the Wyomingprofessional teaching standards board and without meeting the requirements ofW.S. 21-7-304. The Wyoming professional teaching standards board shall by ruleestablish and maintain minimum standards for a permit for that employment whichshall be applicable only as provided in this subsection. A person employed bya school district to teach driver education in a public school in this state,shall not be employed for more than three (3) consecutive school years in anyperiod beginning after July 1, 1997, unless the person has met the requirementsof the professional teaching standards board for a permit to teach drivereducation.
(d) A person may be employed as superintendent of schools byany district board of trustees without holding or being qualified forcertification by the Wyoming professional teaching standards board pursuant toW.S. 21-2-802. A person who has not qualified for certification pursuant toW.S. 21-2-802 shall be required to comply with W.S. 21-2-802(e) prior to beingemployed by any district board as a superintendent of schools.
21-7-304. Candidate for certificate must pass examination on state andfederal constitutions.
Allpersons hereafter applying for certificates authorizing them to become administratorsor teachers in the public schools of this state shall before receiving suchcertificate be required to pass a satisfactory examination upon the provisionsand principles of the constitutions of the United States and the state ofWyoming or present evidence of having successfully completed a courseequivalent to that required in W.S. 21-9-102.
ARTICLE 4 - EMPLOYEE SECURITY REQUIREMENTS
21-7-401. Boards of trustees to require criminal history backgroundinformation.
Theboard of trustees of each school district within the state shall require anyemployee initially hired by the school board on or after July 1, 1996, who mayhave access to minors to submit to fingerprinting for the purpose of obtainingstate or national criminal history record information before employment. Theprovisions of this section shall not apply to persons certificated under W.S.21-2-802 who have met the requirements of this section pursuant to thecertification process.
ARTICLE 5 - NATIONAL CERTIFICATION
21-7-501. National certification incentive; certification feereimbursement; consultants and mentors; certified teacher pay incentivereimbursement.
(a) The professional teaching standards board shall by ruleestablish a program under which school districts shall reimburse no more thanfifty (50) teachers and certified or licensed service providers employed byWyoming school districts the actual cost of receiving national certification,not to exceed the national certification fee established by the national boardfor professional teaching standards for the applicable year certification wasreceived, provided:
(i) The teacher has completed at least three (3) years ofteaching in the state of Wyoming;
(ii) The teacher or service provider, as applicable, wassuccessful in receiving his national certification; and
(iii) The teacher agrees to mentor at least one (1) other teacheremployed in the state of Wyoming through the national certification process.
(b) Upon verification by the professional teaching standardsboard that national certification is complete, the district which employs theteacher or service provider shall subject to the limit imposed under subsection(a) of this section, reimburse the teacher or service provider for the actualcost of the national certification fee.
(c) A school district may apply for an innovative program grantunder W.S. 21-22-106(a)(iii) to recover amounts reimbursed to teachers andservice providers under subsection (b) of this section.
(d) Teachers who accept reimbursement for their nationalcertification costs under subsection (b) of this section shall serve as amentor, under the supervision of the professional teaching standards board, forat least one (1) other teacher employed in the state of Wyoming through thenational certification process. Teachers who accept reimbursement may alsoconsent to be a consultant with local education agencies on staff developmentprograms. Districts requesting consultation for staff development shall pay theconsultant fees involved. No fee shall be charged for teachers seeking theirown national certification.
(e) Repealed By Laws 2001, Ch. 193, 2.
(f) In addition to reimbursement of the cost of national boardcertification under subsection (b) of this section, and to promote employmentof national board certified teachers by school districts, each districtemploying a national board certified teacher shall be reimbursed for paymentsto these teachers subject to the following:
(i) For each year the certificate is valid, the districtprovides each teacher employed by the district and holding certification by thenational board for professional teaching standards a lump sum payment of fourthousand dollars ($4,000.00) which is in addition to the teacher's annualsalary as determined by the board, and which is paid to each certified teacherbetween December 1 and December 31 of the school year for which application ismade under paragraph (ii) of this subsection;
(ii) Effective school year 2007-2008 and each school yearthereafter, the teacher holding certification shall be employed by the districtfull-time as a teacher;
(iii) The district submits a report to the department ofeducation in a manner, on a form and at times specified by department rule andregulation, documenting the number of national board certified teachersemployed by the district, verifying payments to such teachers in accordancewith paragraph (i) of this subsection;
(iv) From amounts appropriated by the legislature from thepublic school foundation program account for purposes of this subsection, thedepartment of education shall distribute payments to eligible districts inaccordance with this subsection on or before February 15 of the applicableschool year, together with the district's foundation payment under W.S.21-13-313(c), if applicable;
(v) Not later than December 31, 2007, and each December 31thereafter, the department shall report to the joint education interimcommittee on district reports submitted under paragraph (iii) of thissubsection and estimated distributions under this subsection to eligibledistricts for the applicable reporting period.
ARTICLE 6 - WYOMING TEACHER SHORTAGE LOAN REPAYMENT PROGRAM
(a) The Wyoming teacher shortage loan repayment program iscreated to be administered by the Wyoming community college commissionestablished under W.S. 21-18-201. Applicants shall have a Wyoming residence,as defined in W.S. 22-1-102(a)(xxx), or shall be graduates of a Wyoming highschool and may apply for loans from the program in accordance with thissection.
(b) To qualify for a loan under this section, the applicantshall first:
(i) Be enrolled in good standing in a teacher education programat the University of Wyoming leading to:
(A) Certification as a special education, math, science orforeign language teacher; or
(B) Eligibility for an additional endorsement to teach readingor English as a second language.
(ii) If in a program leading to certification under subparagraph(i)(A) under this subsection, have class standing of at least a junior for thefirst semester for which application for a loan under this program is made;
(iii) If in a program leading to certification under subparagraph(i)(A) of this subsection, apply for federal financial assistance.
(c) Subject to the availability of funds appropriated for thisprogram, loans under this section may be granted to qualified applicants topay:
(i) The unmet financial need, as determined by the Wyomingcommunity college commission, of attendance at the teacher education programspecified under subparagraph (b)(i)(A) of this section; or
(ii) The cost of attendance at the teacher education programspecified under subparagraph (b)(i)(B) of this section.
(d) Except for a loan for teacher education programs specifiedunder subparagraph (b)(i)(B) of this section, a loan provided under thissection shall not exceed the cost of attendance for the approved program, reducedby the amount of any Pell or other federal grant and any employer basedfinancial assistance received by the applicant.
(e) A recipient of a loan under this section may repay the loanwithout cash payment by teaching at least fifty percent (50%) of his workinghours as a teacher in special education, math, science, foreign language,reading or English as a second language as a certified teacher in a Wyomingpublic school as provided in subsection (f) of this section. To qualify asrepayment under this subsection, work shall be performed within the minimumamount of time necessary to repay the loan, plus two (2) years, which shallbegin with the calendar month following the month in which the studentcompleted the academic program.
(f) Qualified work under subsection (e) of this section shallbe credited such that the student's loan balance is reduced on the basis of one(1) year of full-time employment repaying the loan balance for one (1) academicyear of full-time enrollment. Qualified work shall be credited on aproportional basis to the loan balance.
(g) Any recipient of a loan under this section who fails:
(i) To complete the academic program for which the loan wasprovided shall commence cash repayment of the loan no later than forty-five(45) days after the recipient leaves the academic program;
(ii) To obtain employment in the targeted occupation for whichthe person received the education within two hundred forty (240) days aftersuccessfully obtaining the appropriate certification, shall commence cashrepayment of the loan within two hundred eighty-five (285) days aftersuccessfully obtaining the appropriate certification;
(iii) To obtain the appropriate certification within one hundredeighty (180) days after completion of the program shall commence cash repaymentof the loan.
(h) Loan repayment options under this section may be deferredfor a period not to exceed five (5) years while a loan recipient is serving onfull-time active duty with any branch of the military services of the UnitedStates.
(j) The Wyoming community college commission shall have thepowers and duties specified under W.S. 21-18-202(c) to implement this sectionand shall establish terms and conditions of loans issued under this section,including:
(i) Interest rates and loan terms;
(ii) The form and process for loan application, review andaward;
(iii) Criteria under which students may be relieved from havingto repay loans and interest thereon, in whole or in part, where the requirementto repay would cause undue hardship;
(iv) Criteria for determining the cost of attendance as used inestablishing the loan amount for teacher education programs specified underparagraph (b)(i)(B) of this section, based upon each semester or summer schoolsession of full or part-time program attendance.
(k) Funding of the loan program established under this sectionshall be by appropriation of the legislature. The community college commissionshall transfer approved loan amounts to the University of Wyoming.
(m) Cash repayment of loans and interest thereon shall becredited to the school foundation program account.
(n) The community college commission shall annually review theloan program established under this section and report to the governor and thelegislature in accordance with W.S. 9-2-1014, regarding program results, fundsreceived and loans issued during the preceding academic year, together with thestatus of all outstanding loan commitments and repayments under the program. The report required under this subsection shall include information submittedby the professional teaching standards board regarding the impact of theprogram on identified teacher shortage areas and recommendations formodifications to the program, including funding levels, to address otheridentified teacher shortage areas.
(o) This program created by this section shall expire effectiveJune 30, 2016.
(p) Notwithstanding subsection (o) of this section:
(i) Any person who receives a loan under this section shallcontinue to receive funding for the program as the person remains eligible asrequired by this section;
(ii) Repayment of loans provided under this section shallcontinue as specified by this section until all loan obligations have beensatisfied.
Thisarticle shall be known and cited as the Wyoming Teacher Employment Law.
21-7-102. Definitions.
(a) As used in the article the following definitions shallapply:
(i) "Board". - The board of trustees of any school district in the stateof Wyoming offering instruction in any of the grades kindergarten throughtwelve (12);
(ii) "Continuing Contract Teacher":
(A) Any initial contract teacher who has been employed by thesame school district in the state of Wyoming for a period of three (3)consecutive school years, and has had his contract renewed for a fourthconsecutive school year; or
(B) A teacher who has achieved continuing contract status inone (1) district, and who without lapse of time has taught two (2) consecutiveschool years and has had his contract renewed for a third consecutive schoolyear by the employing school district.
(iii) "Dismissal". - The cancellation of any teacher's contract of employment bythe board of trustees while such contract is in effect. In the case of acontinuing contract teacher, dismissal shall mean cancellation of his contractat any time other than at the end of a school year where proper notice has beengiven;
(v) "Superintendent". -The chiefadministrative officer of any school district;
(vi) "Suspension with pay" means the removal of a teacher from the classroom during theschool year without termination of salary pending the outcome of a hearing inaccordance with W.S. 21-7-110;
(vii) "Teacher". - Any person employed under contract by the board of trusteesof a school district as a certified professional employee;
(viii) "Termination". - The failure of the board of trustees of a school districtin Wyoming to reemploy a teacher at the end of a school year in any given year;
(ix) "Suspension without pay" means the removal of ateacher from the classroom during the school year with the termination ofsalary for a period not to exceed one (1) calendar year commencing uponcompletion of a hearing held under W.S. 21-7-110.
21-7-103. Absences and leaves not considered interruptions in service.
Absencesand leaves of absence approved by the employing board shall not be consideredas interruptions in service for purposes of determining continuing contractstatus.
21-7-104. Employment of continuing contract teachers on continuingbasis; salary increases.
(a) A continuing contract teacher shall be employed by eachschool district on a continuing basis from year to year without annual contractrenewal at a salary determined by the board of trustees of each district, saidsalary subject to increases from time to time as provided for in the salaryprovisions adopted by the board.
(b) Any teacher hired by a Wyoming school district shallreceive credit in accordance with that district's salary schedule for all prioryears of service obtained as a teacher in any Wyoming school district or as ateacher in the regional developmental preschool system defined by W.S.21-2-701(a)(iii).
21-7-105. Employment of initial contract teachers on annual basis;notice of termination to such teachers.
Aninitial contract teacher who has taught in the system continuously for a periodof at least ninety (90) days shall be hired on an annual basis and shall benotified in writing of the reasons for termination, if such is the case, nolater than April 15 of each year. An initial contract teacher's employment maybe terminated for any reason not specifically prohibited by law, and a board isnot limited to the reasons set forth in W.S. 21-7-110(a). The notice oftermination shall not be disseminated to the public or to prospective employersabsent the teacher's consent. Nothing contained in this section shall limitthe use of the notice in any hearing.
21-7-106. Notice of recommendation of termination to teacher; whentermination effective.
(a) A continuing contract teacher shall be notified of arecommendation of termination by the superintendent or any member of the boarddesignated by the superintendent or designated by the board pursuant to a majorityvote of the board by giving the teacher written notice together with writtenreasons for termination on or before April 15 of any year. Upon receipt ofnotice, the teacher may request a hearing on the recommendation before anindependent hearing officer as provided under W.S. 21-7-110.
(b) If ordered by the board under W.S. 21-7-110(g), terminationunder recommendation shall be effective at the end of the school year in theyear in which notice of termination is given.
21-7-107. Resignation of teachers.
Anyteacher may resign his position, effective at the end of the school year, bygiving written notice on or before May 15 of any year, to the superintendent ofschools or any other designated official, of his desire not to be employed bythe school district for the following year.
21-7-108. Repealed by Laws 1993, ch. 219, 2.
21-7-109. When contract offered to and accepted by initial contractteacher.
Theboard must offer a contract for the ensuing year to each initial contractteacher if such is to be offered by April 15, and it must be accepted by May 15of each year or the position will be declared open.
21-7-110. Suspension or dismissal of teachers; notice; hearing;independent hearing officer; board review and decision; appeal.
(a) The board may suspend or dismiss any teacher or terminateany continuing contract teacher for incompetency, neglect of duty, immorality,insubordination, unsatisfactory performance or any other good or just cause.
(b) Suspension or dismissal proceedings shall be initiated bythe superintendent or any member of the board designated by the superintendentor designated by the board pursuant to a majority vote of the board deliveringto the teacher a written notice of suspension or dismissal, together withwritten reasons.
(c) Any continuing contract teacher receiving notice of arecommendation of termination under W.S. 21-7-106(a) or against whom dismissalor suspension proceedings are instituted is entitled to a hearing before anindependent hearing officer on the recommendation or the reasons for dismissalor suspension, upon submission of a written request to the superintendent. Therequest for hearing shall be given within seven (7) days after receipt ofnotice under W.S. 21-7-106(a) or subsection (b) of this section. Theindependent hearing officer shall insofar as possible, be impartial,experienced in education, labor and employment matters and in the conduct ofhearings. Within five (5) days following receipt of the hearing request, thesuperintendent and the teacher shall jointly select a hearing officer. If theyfail to agree upon selection, the district judge of the judicial district inwhich the school district is located shall upon request select a hearingofficer. Expenses of the hearing officer shall be paid equally by the schooldistrict and the teacher.
(d) Within five (5) days after selection, the hearing officershall set the date for hearing and notify the teacher and superintendent of thehearing date, time and location. In no event shall the hearing commence on adate later than forty-five (45) days after notice under W.S. 21-7-106(a) orsubsection (b) of this section, as applicable. The hearing shall be conductedin accordance with the Wyoming Administrative Procedure Act and the hearingofficer may accordingly receive or reject evidence and testimony, administeroaths and if necessary, subpoena witnesses. All school district recordspertaining to the teacher shall be made available to the hearing officer.
(e) At the hearing, the teacher has the right to appear inperson with or without counsel, to be heard, to present testimony or witnessesand all evidence bearing upon proposed termination, dismissal or suspension and to cross-examine witnesses. The superintendent shall have the burden ofproving that the recommendation for termination is based upon reasons providedin the notice of termination submitted pursuant to W.S. 21-7-106(a) or thatsuspension or dismissal is based upon reasons specified in the notice givenunder subsection (b) of this section, as applicable.
(f) The hearing officer shall review the evidence andtestimony, render written findings of fact and recommend the teacher beterminated, suspended or dismissed, or that the teacher be retained. Thefindings and recommendations shall be forwarded to the teacher, thesuperintendent and members of the board within twenty (20) days followingconclusion of the hearing.
(g) The board shall review the findings of fact andrecommendation submitted by the hearing officer and within twenty (20) daysafter receipt, issue a written order to either terminate, suspend or dismissthe teacher, or to retain the teacher. If the board terminates, suspends ordismisses the teacher's employment over a recommendation by the hearing officerfor retention, the written order of the board shall include a conclusiontogether with reasons supported by the record. A copy of the order shall beprovided to the teacher and a copy shall be entered into the school districtrecords pertaining to the teacher. Any action by the board pursuant to thissubsection shall be approved by a majority of the duly elected members of theboard.
(h) Appeals may be taken from the order of the board to thedistrict court as provided by the Wyoming Administrative Procedure Act. Anelectronic recording of hearing proceedings may serve as the officialtranscript but upon appeal, the district court may request a written transcriptof the proceedings or any portion of the proceedings. The cost of transcribingthe record shall be borne equally by the teacher and the school district.
21-7-111. Inapplicability of provisions.
(a) Nothing in this article shall prohibit:
(i) The transfer of a teacher within a school system to aposition of equal or greater salary;
(ii) The retirement of a teacher in accordance with anestablished policy of retirement;
(iii) The reduction of a salary of a teacher as part of a generalsalary reduction applicable to at least fifty percent (50%) of the teachersemployed by a school district;
(iv) The termination of the contract of a teacher at the end ofcurrent school year because of a decrease in the size of faculty due todecreased enrollment, combining of school districts or an event beyond thecontrol of the board if notice of termination is given pursuant to W.S.21-7-105 and 21-7-106(a) except the request for a hearing does not apply;
(v) The termination of extra services or duties together with acorresponding termination of any pay for such extra services.
(b) Nothing in this article including the duty to provide areason for termination of an initial contract teacher's employment, shall beinterpreted as requiring any hearing or as requiring any proof of cause ifschool districts are not prohibited from providing by policy or contract,additional procedures or rights to initial contract teachers.
21-7-112. Effect on existing contracts.
Thecontracts of all teachers in the state of Wyoming from and after the effectivedate of this act shall be subject to the policies, rules, and regulations ofthe school district not in conflict with this law or the other laws of thestate of Wyoming.
21-7-113. Application to teachers presently employed.
Theprovisions of this article shall apply to all teachers who are teaching inWyoming on the effective date hereof; provided, however, the status of teacherscovered under this act will be determined by their original date of employmentas a teacher in the state of Wyoming.
21-7-114. Designation by schools of continuing contract teachers.
Anyboard may designate a teacher as a continuing contract teacher at any timewithout regard to the other provisions of this article.
ARTICLE 2 - TEACHER SCHOLARSHIPS
21-7-201. Repealed by Laws 1994, ch. 17, 2.
21-7-202. Repealed by Laws 1994, ch. 17, 2.
21-7-203. Repealed by Laws 1994, ch. 17, 2.
21-7-204. Repealed by Laws 1994, ch. 17, 2.
21-7-205. Repealed by Laws 1994, ch. 17, 2.
21-7-206. Repealed by Laws 1994, ch. 17, 2.
21-7-207. Repealed by Laws 1994, ch. 17, 2.
ARTICLE 3 - TEACHERS IN GENERAL
21-7-301. Insurance and other fringe and employment benefits.
(a) The board of trustees of each school district within thestate may provide health insurance, life insurance, and other fringe and employmentbenefits of all types for the teachers, administrative personnel and otheremployees of the school district to such extent as it deems such benefits to bein the best interest of the school district. Benefits under this subsectionmay be paid for entirely by the school district or partly by the schooldistrict and partly by the employee, the degree of participation of each beingentirely within the discretion of the board of trustees. Benefits under thissubsection may be in addition to any benefits obtained through the groupinsurance plan if elected by the school district under W.S. 9-3-201(e).
(b) The board of trustees of each school district which is aparticipating district in the state employees' and officials' group insuranceplan, as defined under W.S. 9-3-203(a)(xv), shall provide insurance under thegroup plan for the teachers, administrative personnel and other employeesmeeting the definition of employee under W.S. 9-3-203(a)(iv), as provided byW.S. 9-3-202 through 9-3-218. Each participating school district shall reportto the department of administration and information as specified by W.S.9-3-205(e) and make payments for employer and employee contributions asprovided by W.S. 9-3-210 and 9-3-211. The amount of contributions paid underW.S. 9-3-211 for each employee electing coverage shall be deducted from theemployee's monthly salary in accordance with W.S. 9-3-211.
21-7-302. Discrimination in compensation prohibited.
Nodiscrimination in the amount of compensation for the teachers in the publicschools of this state shall be made on account of sex, race or religiousbelief.
21-7-303. Certificate or permit required; exception.
(a) Except as otherwise provided in subsection (b), (c) or (d)of this section, no person shall teach or supervise in a public school in thisstate and receive compensation therefor out of any public fund who at the timeof rendering such services is not a holder of or a candidate and qualified fora certificate or permit issued or to be issued under the laws of this state andthe rules and regulations of the Wyoming professional teaching standards boardpursuant to W.S. 21-2-802.
(b) Faculty members employed, even if for less than a calendaryear, by any postsecondary education institution accredited by a regionalaccrediting agency may teach courses offered at a public high school in thisstate without holding or being qualified for a certificate or permit issued bythe Wyoming professional teaching standards board and without meeting the requirementsof W.S. 21-7-304 as provided in this subsection. A person teaching at a publicschool pursuant to this subsection shall teach only if the course is within thesame subject area in which he instructs at the accredited postsecondaryinstitution and:
(i) The course provides academic credit for both high schoolgraduation requirements and postsecondary education requirements; or
(ii) The course provides only academic credit for high schoolgraduation requirements and there is no other certified and qualified teacherteaching at that school available to teach the course.
(c) In accordance with the provisions of this subsection, aperson may teach driver education in a public school in this state withoutholding or being qualified for a certificate or permit issued by the Wyomingprofessional teaching standards board and without meeting the requirements ofW.S. 21-7-304. The Wyoming professional teaching standards board shall by ruleestablish and maintain minimum standards for a permit for that employment whichshall be applicable only as provided in this subsection. A person employed bya school district to teach driver education in a public school in this state,shall not be employed for more than three (3) consecutive school years in anyperiod beginning after July 1, 1997, unless the person has met the requirementsof the professional teaching standards board for a permit to teach drivereducation.
(d) A person may be employed as superintendent of schools byany district board of trustees without holding or being qualified forcertification by the Wyoming professional teaching standards board pursuant toW.S. 21-2-802. A person who has not qualified for certification pursuant toW.S. 21-2-802 shall be required to comply with W.S. 21-2-802(e) prior to beingemployed by any district board as a superintendent of schools.
21-7-304. Candidate for certificate must pass examination on state andfederal constitutions.
Allpersons hereafter applying for certificates authorizing them to become administratorsor teachers in the public schools of this state shall before receiving suchcertificate be required to pass a satisfactory examination upon the provisionsand principles of the constitutions of the United States and the state ofWyoming or present evidence of having successfully completed a courseequivalent to that required in W.S. 21-9-102.
ARTICLE 4 - EMPLOYEE SECURITY REQUIREMENTS
21-7-401. Boards of trustees to require criminal history backgroundinformation.
Theboard of trustees of each school district within the state shall require anyemployee initially hired by the school board on or after July 1, 1996, who mayhave access to minors to submit to fingerprinting for the purpose of obtainingstate or national criminal history record information before employment. Theprovisions of this section shall not apply to persons certificated under W.S.21-2-802 who have met the requirements of this section pursuant to thecertification process.
ARTICLE 5 - NATIONAL CERTIFICATION
21-7-501. National certification incentive; certification feereimbursement; consultants and mentors; certified teacher pay incentivereimbursement.
(a) The professional teaching standards board shall by ruleestablish a program under which school districts shall reimburse no more thanfifty (50) teachers and certified or licensed service providers employed byWyoming school districts the actual cost of receiving national certification,not to exceed the national certification fee established by the national boardfor professional teaching standards for the applicable year certification wasreceived, provided:
(i) The teacher has completed at least three (3) years ofteaching in the state of Wyoming;
(ii) The teacher or service provider, as applicable, wassuccessful in receiving his national certification; and
(iii) The teacher agrees to mentor at least one (1) other teacheremployed in the state of Wyoming through the national certification process.
(b) Upon verification by the professional teaching standardsboard that national certification is complete, the district which employs theteacher or service provider shall subject to the limit imposed under subsection(a) of this section, reimburse the teacher or service provider for the actualcost of the national certification fee.
(c) A school district may apply for an innovative program grantunder W.S. 21-22-106(a)(iii) to recover amounts reimbursed to teachers andservice providers under subsection (b) of this section.
(d) Teachers who accept reimbursement for their nationalcertification costs under subsection (b) of this section shall serve as amentor, under the supervision of the professional teaching standards board, forat least one (1) other teacher employed in the state of Wyoming through thenational certification process. Teachers who accept reimbursement may alsoconsent to be a consultant with local education agencies on staff developmentprograms. Districts requesting consultation for staff development shall pay theconsultant fees involved. No fee shall be charged for teachers seeking theirown national certification.
(e) Repealed By Laws 2001, Ch. 193, 2.
(f) In addition to reimbursement of the cost of national boardcertification under subsection (b) of this section, and to promote employmentof national board certified teachers by school districts, each districtemploying a national board certified teacher shall be reimbursed for paymentsto these teachers subject to the following:
(i) For each year the certificate is valid, the districtprovides each teacher employed by the district and holding certification by thenational board for professional teaching standards a lump sum payment of fourthousand dollars ($4,000.00) which is in addition to the teacher's annualsalary as determined by the board, and which is paid to each certified teacherbetween December 1 and December 31 of the school year for which application ismade under paragraph (ii) of this subsection;
(ii) Effective school year 2007-2008 and each school yearthereafter, the teacher holding certification shall be employed by the districtfull-time as a teacher;
(iii) The district submits a report to the department ofeducation in a manner, on a form and at times specified by department rule andregulation, documenting the number of national board certified teachersemployed by the district, verifying payments to such teachers in accordancewith paragraph (i) of this subsection;
(iv) From amounts appropriated by the legislature from thepublic school foundation program account for purposes of this subsection, thedepartment of education shall distribute payments to eligible districts inaccordance with this subsection on or before February 15 of the applicableschool year, together with the district's foundation payment under W.S.21-13-313(c), if applicable;
(v) Not later than December 31, 2007, and each December 31thereafter, the department shall report to the joint education interimcommittee on district reports submitted under paragraph (iii) of thissubsection and estimated distributions under this subsection to eligibledistricts for the applicable reporting period.
ARTICLE 6 - WYOMING TEACHER SHORTAGE LOAN REPAYMENT PROGRAM
(a) The Wyoming teacher shortage loan repayment program iscreated to be administered by the Wyoming community college commissionestablished under W.S. 21-18-201. Applicants shall have a Wyoming residence,as defined in W.S. 22-1-102(a)(xxx), or shall be graduates of a Wyoming highschool and may apply for loans from the program in accordance with thissection.
(b) To qualify for a loan under this section, the applicantshall first:
(i) Be enrolled in good standing in a teacher education programat the University of Wyoming leading to:
(A) Certification as a special education, math, science orforeign language teacher; or
(B) Eligibility for an additional endorsement to teach readingor English as a second language.
(ii) If in a program leading to certification under subparagraph(i)(A) under this subsection, have class standing of at least a junior for thefirst semester for which application for a loan under this program is made;
(iii) If in a program leading to certification under subparagraph(i)(A) of this subsection, apply for federal financial assistance.
(c) Subject to the availability of funds appropriated for thisprogram, loans under this section may be granted to qualified applicants topay:
(i) The unmet financial need, as determined by the Wyomingcommunity college commission, of attendance at the teacher education programspecified under subparagraph (b)(i)(A) of this section; or
(ii) The cost of attendance at the teacher education programspecified under subparagraph (b)(i)(B) of this section.
(d) Except for a loan for teacher education programs specifiedunder subparagraph (b)(i)(B) of this section, a loan provided under thissection shall not exceed the cost of attendance for the approved program, reducedby the amount of any Pell or other federal grant and any employer basedfinancial assistance received by the applicant.
(e) A recipient of a loan under this section may repay the loanwithout cash payment by teaching at least fifty percent (50%) of his workinghours as a teacher in special education, math, science, foreign language,reading or English as a second language as a certified teacher in a Wyomingpublic school as provided in subsection (f) of this section. To qualify asrepayment under this subsection, work shall be performed within the minimumamount of time necessary to repay the loan, plus two (2) years, which shallbegin with the calendar month following the month in which the studentcompleted the academic program.
(f) Qualified work under subsection (e) of this section shallbe credited such that the student's loan balance is reduced on the basis of one(1) year of full-time employment repaying the loan balance for one (1) academicyear of full-time enrollment. Qualified work shall be credited on aproportional basis to the loan balance.
(g) Any recipient of a loan under this section who fails:
(i) To complete the academic program for which the loan wasprovided shall commence cash repayment of the loan no later than forty-five(45) days after the recipient leaves the academic program;
(ii) To obtain employment in the targeted occupation for whichthe person received the education within two hundred forty (240) days aftersuccessfully obtaining the appropriate certification, shall commence cashrepayment of the loan within two hundred eighty-five (285) days aftersuccessfully obtaining the appropriate certification;
(iii) To obtain the appropriate certification within one hundredeighty (180) days after completion of the program shall commence cash repaymentof the loan.
(h) Loan repayment options under this section may be deferredfor a period not to exceed five (5) years while a loan recipient is serving onfull-time active duty with any branch of the military services of the UnitedStates.
(j) The Wyoming community college commission shall have thepowers and duties specified under W.S. 21-18-202(c) to implement this sectionand shall establish terms and conditions of loans issued under this section,including:
(i) Interest rates and loan terms;
(ii) The form and process for loan application, review andaward;
(iii) Criteria under which students may be relieved from havingto repay loans and interest thereon, in whole or in part, where the requirementto repay would cause undue hardship;
(iv) Criteria for determining the cost of attendance as used inestablishing the loan amount for teacher education programs specified underparagraph (b)(i)(B) of this section, based upon each semester or summer schoolsession of full or part-time program attendance.
(k) Funding of the loan program established under this sectionshall be by appropriation of the legislature. The community college commissionshall transfer approved loan amounts to the University of Wyoming.
(m) Cash repayment of loans and interest thereon shall becredited to the school foundation program account.
(n) The community college commission shall annually review theloan program established under this section and report to the governor and thelegislature in accordance with W.S. 9-2-1014, regarding program results, fundsreceived and loans issued during the preceding academic year, together with thestatus of all outstanding loan commitments and repayments under the program. The report required under this subsection shall include information submittedby the professional teaching standards board regarding the impact of theprogram on identified teacher shortage areas and recommendations formodifications to the program, including funding levels, to address otheridentified teacher shortage areas.
(o) This program created by this section shall expire effectiveJune 30, 2016.
(p) Notwithstanding subsection (o) of this section:
(i) Any person who receives a loan under this section shallcontinue to receive funding for the program as the person remains eligible asrequired by this section;
(ii) Repayment of loans provided under this section shallcontinue as specified by this section until all loan obligations have beensatisfied.
