Education-parental rights.

2015
STATE OF WYOMING
15LSO-0453
Numbered
2.1

HOUSE BILL

NO.

HB0221

Education-parental rights.

Sponsored by:
Representative(s) Lindholm, Blackburn, Clem, Kroeker and Steinmetz

A BILL

for

AN ACT relating to parental rights in education; modifying definitions; modifying requirements for home-based educational programs and private schools; modifying mandatory school attendance; modifying student assessment; modifying collection and retention of student information; prohibiting destruction of education information as specified; prohibiting concealing of education information as specified; prohibiting retention of education information as specified; prohibiting collection of education information as specified; imposing penalties; requiring reporting; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
21
‑
2
‑
901 and
21
‑
4
‑
317
are
created to read:

21
‑
2
‑
901
.

Education
record
s
; retention; penalties.

(a)

Notwithstanding any other provision of law, a
ll personally identifiable student
information
in possession of the state, school district or school
, including but not limited to
information related to academic performance,
special services
received or participation in
extracurricular
activities, shall be available to the parent or legal guardian of a child
.

(b)

Notwithstanding any other provision of law, the parent or legal guardian of any child attending a public school shall
have the ability to
prohibit
personally identifiable student information
from being
collected or maintained by the school,
school
district, state or federal government for the child.

(c)

Notwithstanding any other provision of law,
upon the written notification by the parent or legal guardian of a child
,

no child attending public school shall be required
to participate in any assessment required
under
state or federal law
.

(
d
)

Notwithstanding any other provision of law, a
ny school or
school
district representative, administrator or employee
is guilty of a misdemeanor
punishable by
a fine of not more than seven hundred fifty
($
750
.00)
if he destroys, conceals or
purges
any
personally identifiable student
information
,
including but not limited to information related to academic performance or participation in extracurricular activities,
without the written consent of
the
parent or legal guardian
of the child
.
Each
i
nstance
of destruction, concealing or purging
of
information as
prohibited under this subsection constitutes a separate offense.

(
e
)

Notwithstanding any other provision of law, a
ny school or
school
district representative, administrator or employee

is guilty of a misdemeanor
punishable by a fine of
not more
than
seven hundred fifty dollars ($750.00)
if he fails to provide all
personally identifiable student
information
in the possession of the state,
school
district or
school
,
including but not limited to information related
to academic performance or participation in extracurricular activities,
upon the written request of the
parent or legal guardian
of a child
.
Each
failure to provide requested
information as prohibited under this subsection constitutes a separate offense.

21
‑
4
‑
317
.

Home
‑
based educational program and private school children.

(a)

Notwithstanding any other provision of law, a
ll Wyoming school districts shall allow children attending a private school or home
‑
based educational program
to enroll in
dual and concurrent enrollment courses offered pursuant to W.S. 21
‑
20
‑
101 through
21
‑
20
‑
111 and 21
‑
20
‑
201
and
any other extracurricular or elective courses, including but not limited to
band or choir courses
,
offered by the school district in which the child resides
. The board of trustees of each school district shall adopt policies and procedures to govern enrollment pursuant to this subsection.
C
hildren enrolled
full
‑
time
in the
public
school shall be given priority
for enrollment if the class size exceeds the capacity for a specific class or program
.

(b)

Children enrolled pursuant to subsection (a) of this section shall be included in the average daily membership of the school district
as required under W.S. 21
‑
13
‑
101(
a)(
i
)
.

(c
)

N
o
school
district shall
discriminate against
a child who desires to participate in
any
extracurricular
activities offered by the
school
distri
ct in which the child resides
. All children wishing to participate
in such activities
shall be given equal opportunity and treatment during any tryout process.

Section
2
.

W.S. 21
‑
4
‑
101
(
a)(
i
), (iv), (v) and (vi)
and
21
‑
4
‑
102(a)
(intro)
, (b)
, (c)
and by creating
new subsections (d) and (e)
are amended to read:

21
‑
4
‑
101
.

Definitions.

(a)

For the purposes of this article:

(
i
)

"
Unexcused absence
"
means the absence
, as defined in the policies of the local board of trustees,
of any child required by this article to attend school when
such absence is not
excused to the satisfaction of the board of trustees
consented to
by the parent, guardian, or other person having control of such child;

(iv)

"
Parochial, church or religious school
"
is one operated under the auspices or control of a local church or religious congregation or a denomination established to promote and promulgate the commonly held religious doctrines of the group though it may also include basic academic subjects in its curriculum. Nothing contained in W.S. 21
‑
4
‑
102(
b), 21
‑
2
‑
401 or 21
‑
2
‑
406 grants to the state of Wyoming or any of its officers, agencies
,
subdivisions
or school districts
any right or authority to control, manage, supervise or make any suggestions as to the control, management or supervision of any parochial, church or religious school which meets the requirements of W.S. 21
‑
2
‑
406(a);

(v)

A
"
home
‑
based educational program
"
means a program of educational instruction provided to a child by the child's parent or legal guardian or by a person designated by the parent or legal guardian.
An instructional program provided to more than one (1) family
unit does not constitute a home
‑
based educational program

Nothing contained in W.S. 21
‑
4
‑
102(b), 21
‑
2
‑
401 or 21
‑
2
‑
406 grants the state of Wyoming or any of its officers, agencies
,
subdivisions or school districts any right or authority to control, manage, supervise or make any suggestions as to the control, management or supervision of any home
‑
based educational program which meets the requirements of this paragraph and paragraph (vi) of this subsection
;

(vi)

"
Basic academic educational program
"
is one that provides a sequentially progressive curriculum of fundamental instruction in
reading, writing
language arts
, mathematics,
science and
social studies,
that may include
but
is
not limited to
civics, history,
literature and science

religious instruction and geography
. These curriculum requirements do not require any private school or home
‑
based educational program to
implement any academic or other standards or

include in its curriculum any concept, topic or practice in conflict with its religious doctrines or to exclude from its curriculum any concept, topic or practice consistent with its religious doctrines.

21
‑
4
‑
102
.

When attendance required; exemptions; withdrawal
; penalties
.

(a)

Every parent, guardian or other person having control or charge of any child who is a resident of this state
,

and
whose seventh birthday falls on or before September 15 of any year and who has not yet attained his sixteenth birthday or completed the tenth grade shall be required to send such child to, and such child shall be required to attend
, a public or private
school each year
,

in accordance with this subsection. Children attending a public school shall attend
during the entire

time that the public schools
shall be
are
in session in the district in which the pupil resides
.
; provided, that

Children attending a private school shall attend school
for a period of time equal to the
period of
time that public schools are in session in the district in which the pupil resides.

T
he b
oard of trustees of each school district may exempt any child from the operation of this article when:

(b)

A home
‑
based educational program shall
meet the requirements of a basic academic educational program pursuant to W.S. 21
‑
4
‑
101(
a)(vi). It shall be the
responsibility of every person administering a home
‑
based educational program to submit a curriculum to the local board of trustees each year showing that the program complies with the requirements of this subsection. Failure to submit a curriculum showing compliance is prima facie evidence that the home
‑
based educational program does not meet the requirements of this article
not be determined
or approved
by any federal or state entity
or any school district
.

(c)

In addition to subsection (a) of this section, the
Notwithstanding any other provision of law, a

parent, guardian or other person having control or charge of any child under the age of eighteen (18)
, who has not otherwise notified the district of enrolling that child in a different school district or in a private school or home
‑
based educational program, shall meet in person with a

may provide the

school district
counselor or administrator to provide the school district
with
a

written
consent to the

letter of

withdrawal
of

to notify the
school
district
that
the

child
from school attendance

will no longer attend school
. The written
consent to

letter of
withdrawal
shall

may

include a separate provision authorizing the release of
the student's identity and address to the Wyoming national guard youth challenge program, as established by W.S. 19
‑
9
‑
701, for the sole purpose of recruitment into the Wyoming national guard youth challenge program.

The school district shall give the parent or legal guardian all student
records if the child withdraws
from a public school as provided by this subsection
.

(d)

Notwithstanding any other provision of law, t
he following shall apply to the operation of any home
‑
based educational program or private school:

(
i
)

The federal or state government or school district shall not impose any federal, state or school district standards or initiatives, including but not limited to any academic standards;

(ii)

The federal or state government and school district shall not impose any federal, state, regional or school district tests or assessment
s
;
and

(iii)

T
he federal or state government or school district shall not impose any curriculum.

(e)

Any school or
school
district representative, administrator or employee or federal or state government employee
is guilty of a misdemeanor
punishable by
a fine of not more
than
seven hundred fifty dollars ($750
.00
)
if he attempts
to obtain personally identifiable student information
from a home
‑
based educat
ional program or private school.
Any
school district
employee
sending home
‑
based educational programs or private schools a request for personally identifiable student information is
specifically prohibited and shall
be
deemed prima facie evidence of attempting to obtain
information
prohibited
under
this subsection. Each attempt to obtain data prohibited under this subsection constitutes a separate offense.

Section 3
.

The joint interim education committee shall conduct a review of related statutes to ensure no conflicting or unnecessary provisions exist as a result of passage of this act. The committee shall report to the legislature prior to the 2016 budget session and shall include any draft legislation necessary to effectuate the recommendations.

Section 4
.

This
act is effective July 1,
2015
.

(END)

1
HB0221