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HB0106 • 2021

Wyoming education options act.

AN ACT relating to education; establishing the Wyoming education options act; authorizing reimbursement of private school costs for students; providing rulemaking authority; requiring reports; and providing for effective dates.

Children Education Parental Rights
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Wilson
Last action
2021-04-07
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The bill did not become law due to dying in committee. The specific amounts and types of expenses that qualify for reimbursement are not fully detailed in the provided text.

Wyoming Education Options Act

This bill establishes a program allowing parents to request reimbursement from their local school district for private school costs up to half of the state's per-student funding amount.

What This Bill Does

  • Defines 'private school' as any nonpublic school providing a basic academic educational program, including home schooling and religious schools.
  • Authorizes reimbursement by local school districts for private school expenses up to fifty percent (50%) of the per student amount received from the state's school foundation program.
  • Requires school districts to provide forms and rules for requesting reimbursement within 30 days after an application is submitted.
  • Requires the Wyoming Department of Education to report data on students receiving reimbursement.

Who It Names or Affects

  • Parents or guardians who send their children to private schools
  • Students enrolled in private schools
  • Local school districts that must provide reimbursement

Terms To Know

Private School
Any nonpublic school providing a basic academic educational program for grades K-12, including home schooling and religious schools.
Reimbursement
Money given back to parents or guardians by the local school district to cover private school costs up to 50% of the state's per-student funding amount.

Limits and Unknowns

  • The bill did not become law as it died in committee.
  • It is unclear how much money would be reimbursed and what specific expenses qualify for reimbursement beyond those similar to expenditures made by a school district.
  • Details on enforcement and penalties are not provided.

Bill History

  1. 2021-04-07 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2021-03-24 House

    H No report prior to CoW Cutoff

  3. 2021-03-17 House

    H04 - Education:Do Pass Failed 2-7-0-0-0

  4. 2021-02-05 House

    H Introduced and Referred to H04 - Education

  5. 2021-02-05 House

    H Received for Introduction

  6. 2021-02-04 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0208
2021
STATE OF WYOMING
21LSO-0208
Numbered
2.0

HOUSE BILL NO. HB0106

Wyoming education options act.

Sponsored by: Representative(s) Wilson, Andrew, Duncan, Gray, Jennings and Zwonitzer and Senator(s) Boner, Ellis and Steinmetz

A BILL

for

AN ACT relating to education; establishing the Wyoming education options act; authorizing reimbursement of private school costs for students; providing rulemaking authority; requiring reports; and providing for effective dates.

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

Section 1.

W.S. 21
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507 is created to read:

21
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507.

Wyoming education options act.

(a)

As used in this section "private school" means education provided in person or by virtual or
correspondence methods and includes
any nonpublic
school providing a basic academic educational program for a resident child in any grade of kindergarten through grade twelve (12). "Private school" may include parochial, church or religious schools, or education provided by a parent, guardian, tutor or instructor in the home of the student, in the home of another student or in another agreed upon location through a cooperative arrangement with another parent or guardian.

(b)

The board of trustees of every school district in the state shall, in consideration of the cost savings to the district and upon a request submitted pursuant to this section, reimburse parents or guardians for the educational expenses of any student who is a resident in the school district and who is enrolled in a private school within that district or another district if the parent or guardian desires for the student to attend the private school. Any student who was not previously enrolled in the school district shall provide proof of residency and age.

(c)

The parent or guardian of a student attending private school may request reimbursement for educational expenses on a quarterly basis from the school district in which the student resides, including documented expenses for tutoring, tuition, fees, curriculum, supplemental materials and activities. The cumulative amount of reimbursement for a school year under this section shall be the lesser of the actual educational expenses or fifty percent (50%) of the per student amount received by the school district from the school foundation program computed under W.S. 21
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309(p) and less adjustments made under W.S. 21
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309(m)(v)(E). The department of education shall prescribe a form and shall adopt rules for requesting reimbursement that a school district shall use for purposes of this section.
Based on reports provided to the department under subsection (f) of this section, the department may establish and maintain a database of expenses previously approved by districts for reimbursement under this section. The database shall not be construed to limit any expenses otherwise eligible for reimbursement under this section.
Allowable expenses shall include any educational expenditure that is similar to an expenditure
made by a school district, excluding purchases of vehicles or expenses for building construction or maintenance. The school district shall reimburse the parent or guardian within thirty (30) days of application. Requests for reimbursement under this subsection:

(i)

Shall include an itemized list of expenses on a form as specified by the department, including receipts or other proof of expenses as required by rule of the department;

(ii)

May include fees paid under W.S. 21
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506 for participation in school district activities;

(iii)

Shall not include costs of uniforms or clothing that the student would not be required to wear if attending a public school and shall not include any cost or expense for the time of a parent or guardian to provide instruction;

(iv)

Shall not include tuition paid to attend any school which receives funding from the state for
educational instruction. This paragraph shall not apply to fees paid pursuant to W.S. 21
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506 for participation in school district activities;

(v)

Shall certify compliance with the requirements of W.S. 21
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102(b). A curriculum submitted by a parent or guardian shall be presumed to meet the requirements of a basic academic educational program unless demonstrated otherwise by the school district. No parent or guardian shall be required to use any curriculum used by the school district.

(d)

Parents intending to request reimbursement under this section shall notify the school district of their intent in writing no later than August 1 of each year for the fall semester of that year and December 1 of each year for the immediately following spring semester.

(e)

Except as otherwise provided in this subsection, a student who is attending private school under this section shall not enroll as a student in the school district during that same semester and shall not use
transportation services of the school district except for activities for which the student has paid fees under W.S. 21
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506. A student who is attending private school under this section may take statewide or district

assessments

administered under W.S. 21
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304, but those scores shall not be included in the school level performance ratings under W.S. 21
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204. If a student for any reason enrolls in a public school district in a semester for which the parent or guardian received reimbursement for private school under this section, the district may require the parent or guardian to remit a proportionate amount of that reimbursement to be paid back to the district for the costs of public school education.

(f)

If reimbursement is denied or not issued by the school district within thirty (30) days of an application:

(i)

The school district shall provide the applicant a written explanation of the reasons for denial. If the expense was not properly documented, the school district shall provide an opportunity to resubmit the reimbursement request and shall provide reimbursement
within thirty (30) days of receiving a corrected report with eligible expenses;

(ii)

An applicant may appeal to the state department of education for expenses that are denied by a school district. The department shall approve reimbursement within ten (10) days of an appeal under this paragraph for all expenses that the department finds are allowable for reimbursement;

(iii)

The school district shall not withhold reimbursement for any expense due to the rejection of reimbursement for any other expense submitted by the same applicant.

(g)

If a school district determines that any expense reimbursed by the school district was in error or due to fraud by the applicant, the school district shall withhold that amount from any future valid claims for reimbursement by the same applicant.

(h)

A school district reimbursing a parent or guardian for the enrollment of a student in a private school under this section shall:

(i)

Include the student within its average daily membership (ADM) under W.S. 21
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309(m)(iv) in accordance with rules and regulations of the department and shall receive all foundation program amounts associated with that student;

(ii)

Keep records of the number of students enrolled in private school under this section and the amounts reimbursed, with aggregated non
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personally identifiable data available to the public;

(iii)

Not be responsible for developing an individualized education program (IEP) for a student who is attending a private school under this section;

(iv)

Report

to the state department of education the number of students receiving reimbursement under this section and the amounts reimbursed by the district.

(j)

The department of education shall report the data required in paragraph (f)(iv) to the joint education committee not later than June 30 of every year.

Section 2
.

The department of education shall adopt rules and forms pursuant to the provisions of W.S. 21
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507 as created by section 1 of this act not later than July 1, 2021.

Section 3
.

(a)

Except as provided in subsection (b) of this section,
this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Section 1 of this act is effective July 1, 2021
.

(END)

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HB0106