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21LSO-0529
2021
STATE OF WYOMING
21LSO-0529
Numbered
2.0
HOUSE BILL NO. HB0201
Special education savings accounts.
Sponsored by: Representative(s) Styvar, Andrew, Baker and Wilson and Senator(s) Hutchings
A BILL
for
AN ACT relating to special education; providing for the creation of accounts to provide for the costs of special education programs and services delivered outside of a public K-12 school; providing for a continuous appropriation; providing for a criminal offense and penalties; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 21
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4
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701 is created to read:
ARTICLE 7
SPECIAL EDUCATION SAVINGS ACCOUNTS
21
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4
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701.
Education savings accounts for special education programs and services; appropriation; penalties.
(a)
The state superintendent shall create a system to provide education savings accounts for students receiving special education programs and services in accordance with this section.
(b)
The state superintendent shall create an education savings account for a student, upon request of a parent or guardian, for any student age five (5) years to twenty
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one (21) years who:
(i)
Is a student with disabilities as identified under the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq; or
(ii)
Has been diagnosed within the preceding three (3) years as having an acute or chronic condition that significantly impedes the student's ability to succeed
in school, including deafness, blindness, orthopedic disability or neurodevelopmental disability.
(c)
Before July 1 of each year, the state superintendent shall annually calculate an appropriate amount with which to fund each account. The amount for each account shall be sufficient to pay for the expected costs incurred by the parents or guardians for special education programs and services of the eligible student. The state superintendent by August 1 of each year shall deposit an appropriate amount into each education savings account. Funds within the school foundation program account derived from federal mineral royalties are continuously appropriated to the state superintendent for purposes of funding the education savings accounts created under this section.
(d)
Funds within the education savings accounts shall be available to the parents or guardians of the eligible students to pay for special education programs and services provided to the students outside of a public K
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12 school. The state superintendent shall make funds within the
accounts available to parents and guardians by use of a debit card and other appropriate means. Unexpended funds within each account shall rollover annually, until the student is no longer an eligible student as provided by this section, at which time the funds shall revert to the school foundation program account.
(e)
The state superintendent may request that parents and guardians provide documentation to show that funds expended from accounts have been made in accordance with law.
(f)
Knowingly using account funds for any purpose other than to pay for special education programs and services shall be a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.
Section 2.
This act is effective July 1, 2021
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(END)
1
HB0201