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SF0130 • 2021

Charter schools.

AN ACT relating to charter schools; revising the process for approval and renewal of charter schools; providing for authorization of charter schools by a school district or the state loan and investment board; revising the operation of charter schools; authorizing fees; specifying funding; making conforming changes; repealing conflicting provisions; specifying limitations; requiring a study; requiring a report; and providing for effective dates.

Budget Education Elections
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Driskill
Last action
2021-04-22
Official status
enrolled
Effective date
7/1/2022

Plain English Breakdown

The bill summary and text do not provide specific details about fees authorized by the bill, so this information was removed from the candidate explanation.

Charter Schools Act

This act changes how charter schools are approved and run in Wyoming by allowing the State Loan and Investment Board to authorize them, setting rules for their operations, funding, and limiting the number of new state-authorized schools until further action.

What This Bill Does

  • Changes who can approve charter schools: now both local school districts and the State Loan and Investment Board can do so.
  • Sets specific requirements that must be included in a charter contract between a charter school and its authorizer.
  • Specifies how funding is determined for charter schools authorized by the State Loan and Investment Board.
  • Limits the number of new charter schools that the State Loan and Investment Board can approve to three until the Legislature decides otherwise.
  • Requires a study on charter schools during the 2021 interim period.

Who It Names or Affects

  • Charter school applicants
  • Local school districts
  • The State Loan and Investment Board

Terms To Know

Authorizer
A local school district board or the State Loan and Investment Board that can approve charter schools.
Charter contract
The agreement between a charter school and its authorizer outlining terms of operation.

Limits and Unknowns

  • The bill limits the number of new state-authorized charter schools to three until further action by the Legislature.
  • It does not specify how many existing charter schools are currently operating in Wyoming.
  • The effectiveness of these changes on improving education outcomes is unknown.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0130H3001

3rd reading • Representative Zwonitzer

Adopted

Plain English: The amendment adds a provision to provide funding and an appropriation for elections related to charter schools.

  • Adds language requiring an appropriation of $80,700 from the school foundation program account to cover election costs.
  • Specifies that this funding is available for one fiscal year starting July 1, 2021, and ending June 30, 2022.
  • Includes a provision stating that any leftover funds will revert as required by law on June 30, 2022.
  • The amendment does not specify what happens after the initial funding period ends.
SF0130H3002

3rd reading • Representative Nicholas

Adopted

Plain English: The amendment modifies the funding requirements for full-time virtual charter schools, changing percentages of funding allocation and adding new provisions.

  • Adds 'full-time virtual' before 'charter school' in certain sections to include these types of schools.
  • Reduces the percentage of funding from eighty-five percent (85%) to eighty percent (80%).
  • Inserts a new clause specifying that funding for full-time virtual charter schools is reduced to sixty-five percent (65%) of what would normally be calculated.
  • The amendment text does not provide details on how the changes will affect existing or future full-time virtual charter schools beyond the specified percentages.
  • It's unclear from this amendment alone how these funding reductions might impact school operations or student services.
SF0130H3003

3rd reading • Representative Walters

Failed

Plain English: The amendment changes the original bill about charter schools to focus on requiring a study of charter schools and removing most of the previous content.

  • Removes all existing provisions in the original bill related to charter schools' approval, operation, funding, and other details.
  • Adds new language that requires a joint education interim committee to conduct a study on various aspects of charter schools, including their impact on school districts and the state.
  • Specifies that any legislation resulting from this study can be considered during the 2022 budget session.
  • The amendment does not provide specifics about what will happen to existing charter schools or how they will operate in the interim period.
SF0130HW001

Committee of the Whole • Representative Andrew

Adopted

Plain English: The amendment changes the reference to a specific section of law and adds new language about charter schools being public, nonsectarian, and not charging tuition.

  • Changes '21-3-304(a)' to '21-3-304(b)' in certain places within the bill.
  • Removes lines 13 through 17 on page 8 of the bill.
  • Adds new language defining a charter school as public, nonsectarian, and not charging tuition for students from kindergarten to grade twelve.
  • The amendment text does not provide full context about what is being deleted or why certain sections are referenced, which limits understanding of the overall impact.
SF0130HS001

Standing Committee • House Education Committee

Adopted

Plain English: The amendment changes how charter schools are authorized, requiring approval by a superintendent after an election instead of the loan and investment board.

  • Replaces references to the state loan and investment board with the superintendent for authorizing charter schools following an election.
  • Adds new provisions for elections to approve or revoke charter school formation, including requirements for petitions and applications.
  • Modifies funding sources from the general fund to the school foundation program account.
  • The amendment text is extensive and includes many detailed changes that are not fully summarized here.
SF0130S2001

2nd reading • Senator Rothfuss

Adopted

Plain English: The amendment changes the legal reference and adds new requirements for charter schools, specifying that they must operate as public, nonsectarian, nonreligious institutions within a school district without charging tuition.

  • Replaces '21-3-304(b)' with '21-3-304(a)' in the bill's legal references.
  • Adds new language defining charter schools as public, nonsectarian, and nonreligious institutions that cannot charge tuition to students from kindergarten through 12th grade.
  • The amendment does not specify what changes '21-3-304(a)' will bring compared to the removed reference.
  • It is unclear how existing charter schools will transition to comply with these new requirements.
SF0130S2002

2nd reading • Senator Ellis

Adopted

Plain English: The amendment adds a new requirement that applications for charter schools submitted to the State Loan and Investment Board must be reviewed by the Department of Education for compliance with accreditation requirements before any decision is made.

  • Adds a new subsection (e) on page 28, which requires the State Loan and Investment Board to submit all received applications to the Department of Education for review regarding accreditation requirements.
  • The amendment does not specify what happens after the Department of Education reviews the applications or how the State Loan and Investment Board will use this information in their decision-making process.
SF0130SW001

Committee of the Whole • Senator Ellis

Adopted

Plain English: The amendment changes the term 'enrolled tribal members' to 'a student who is a member or eligible for membership in an Indian tribe'.

  • Replaces the phrase 'enrolled tribal members' with 'a student who is a member or eligible for membership in an Indian tribe'.
  • The amendment does not provide additional context about how this change will affect existing provisions of the bill.
SF0130JC001

Conference Committee

S Adopted, H Adopted

Plain English: The amendment modifies several sections of the bill regarding charter schools by making specific changes to language and adding new provisions for limiting the number of non-district authorized charter schools and requiring a study on their impacts.

  • Revised the process for approving and renewing charter schools, including specifying that tuition cannot be charged by charter schools.
  • Added limitations on the authorization of charter schools by entities other than school district boards until a review is conducted.
  • Required a joint education interim committee to study charter schools and prepare related legislation for future consideration.
  • The amendment text includes technical legal language that may be difficult to fully interpret without additional context.

Bill History

  1. 2021-04-22 LSO

    Assigned Chapter Number 169

  2. 2021-04-22 Wyoming Legislature

    Became Law without Signature

  3. 2021-04-07 House

    H Speaker Signed SEA No. 0074

  4. 2021-04-07 Senate

    S President Signed SEA No. 0074

  5. 2021-04-07 LSO

    Assigned Number SEA No. 0074

  6. 2021-04-06 House

    H Appointed JCC01 Members

  7. 2021-04-02 Senate

    S Appointed JCC01 Members

  8. 2021-04-02 Senate

    S Concur:Failed 0-29-1-0-0

  9. 2021-04-02 Senate

    S Received for Concurrence

  10. 2021-04-02 House

    H 3rd Reading:Passed 44-12-4-0-0

  11. 2021-04-01 House

    H 2nd Reading:Passed

  12. 2021-03-31 House

    H COW:Passed

  13. 2021-03-30 House

    H Placed on General File

  14. 2021-03-30 House

    H04 - Education:Recommend Amend and Do Pass 5-4-0-0-0

  15. 2021-03-24 House

    H Introduced and Referred to H04 - Education

  16. 2021-03-10 House

    H Received for Introduction

  17. 2021-03-10 Senate

    S 3rd Reading:Passed 26-4-0-0-0

  18. 2021-03-09 Senate

    S 2nd Reading:Passed

  19. 2021-03-08 Senate

    S 2nd Reading:Laid Back

  20. 2021-03-05 Senate

    S COW:Passed

  21. 2021-03-05 Senate

    S Placed on General File

  22. 2021-03-05 Senate

    S04 - Education:Recommend Do Pass 4-1-0-0-0

  23. 2021-03-02 Senate

    S Introduced and Referred to S04 - Education

  24. 2021-03-01 Senate

    S Received for Introduction

  25. 2021-03-01 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0408
Bill No.:

SF0130

Effective:

Multiple Dates

LSO No.:

21LSO-0408

Enrolled Act No.:

SEA No. 0074

Chapter No.:

169

Prime Sponsor:

Driskill

Catch Title:

Charter schools.

Subject:

Charter schools.

Summary/Major Elements:

This bill revises the overall process for the approval and renewal of charter schools.

The bill provides that, in addition to a local school district board, the State Loan and Investment Board can authorize charter schools.

The bill
makes revisions to
the operations of charter schools including specifying the terms that must be included in a charter contract.

The bill specifies how funding is determined for charter schools that are authorized by the State Loan and Investment Board.

The bill limits the number of charter schools that can be approved by the State Loan and Investment Board to three until the Legislature takes further action.

The bill requires the Joint Education Interim Committee to study charter schools during the 2021 interim.

Comments:

Requires a report from the State Superintendent of Public Instruction to the
Joint Education Interim Committee.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
21LSO-0408

ORIGINAL Senate

ENGROSSED
File No
.
SF0130

ENROLLED ACT NO. 74,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to charter schools; revising the process for approval and renewal of charter schools; providing for authorization of charter schools by a school district or the state loan and investment board; revising the operation of charter schools; authorizing fees; specifying funding; making conforming changes; repealing conflicting provisions; specifying limitations; requiring a study; requiring a report; and providing for effective dates.

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

Section 1.

W.S. 21
‑
3
‑
302.1 is created to read:

21
‑
3
‑
302.1.

Charter school authorizers.

(a)

Authorizers shall:

(i)

Review charter school applications made to the authorizer and make a written determination on the application;

(ii)

Monitor charter schools approved by the authorizer;

(iii)

Make decisions on the renewal, nonrenewal and revocation of charters granted by the authorizer.

(b)

Funding for authorizers shall consist of administrative fees collected from the charter school. Fees shall not exceed three percent (3%) of the charter school's annual state funding.

(c)

The state loan and investment board shall, subject to the limitation in subsection (b) of this section, establish administration fees necessary to recover
the incremental costs of the department of education related to the approval and monitoring of charter schools under this article. Administrative fees collected by the state loan and investment board pursuant to this subsection shall be deposited in the school foundation program account.

Section 2.

W.S. 21
‑
3
‑
110(a)(x)(intro), (A)(I) and (II), 21
‑
3
‑
301(a)(intro), 21
‑
3
‑
302(a)(iv) and by creating new paragraphs (vii) through (xi), 21
‑
3
‑
303(a) and (d), 21
‑
3
‑
304(b) through (g), (j) and (k), 21
‑
3
‑
305(a), (b) and by creating a new subsections (f) and (g), 21
‑
3
‑
306(a) and by creating a new subsection (d), 21
‑
3
‑
307(a)(intro), (vii), (viii), (xiii), (xiv), (xxi), (xxii) and by creating new paragraphs (xxiii) through (xxv), (b), (d) and by creating a new subsection (e), 21
‑
3
‑
308(a), (c), (d), (e)(i) and (ii), 21
‑
3
‑
309(a), (b)(intro), (c)(intro) and (e), 21
‑
3
‑
311(b), 21
‑
3
‑
312, 21
‑
3
‑
313(b) and 21
‑
3
‑
314 by creating a new subsection (f) are amended to read:

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(x)

Subject to review by the state construction department under W.S. 21
‑
15
‑
115 for any project involving state capital construction assistance, fix the site of each school building and facility considering the needs of the people of each portion of the district.

If the district enters into an agreement to lease buildings and facilities owned by the district and the buildings and facilities are included within the statewide database maintained by the state construction department under W.S. 21
‑
15
‑
123(f)(iv), the district shall, except as provided under W.S.
21
‑
15
‑
109(c)(i)(A)(II) and (III) and (B), ensure the lease agreement requires sufficient payment from the lessee to cover expenses necessary to adequately maintain the facility or building in accordance with statewide adequacy standards prescribed by the commission.

If the district or a charter school operating
pursuant to a contract with
within the boundaries of
the district enters into an agreement to lease buildings and facilities under which the district or the charter school is the lessee and the building is to be used for the provision of the required educational program within the district, the lease agreement shall require the lessor to adequately maintain the buildings and facilities in accordance with standards prescribed by the commission. The district shall be reimbursed for the lease payment of the district or the charter school if the square footage of the leased facility is not included within the district's total square footage for purposes of major maintenance computations under W.S. 21
‑
15
‑
109, subject to the following:

(A)

If the lease payment is for educational facilities used in the actual operation of a charter school, the state construction department shall pay the district the contract amount approved by the department for the lease payment by the charter school if:

(I)

The charter is approved
by the district
under W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314;

(II)

The department determines no adequate educational facilities exist within the
applicable
district for operation of the charter school;

21
‑
3
‑
301.

Purpose.

(a)

It is the purpose of this article to provide opportunities for teachers, parents, pupils and community members to establish and maintain schools that operate independently from
the
existing school
district structure
districts
as a method to:

21
‑
3
‑
302.

Definitions.

(a)

As used in this article:

(iv)

"New charter school"
or "charter school"
means a
charter school established within the district which is located in a facility or a portion of a facility which is not currently being operated by the district as a public school
public school established and operating under the terms of a charter contract between the charter school's board and its
authorizer
;

(vii)

"Authorizer" means a school district board or the state loan and investment board;

(viii)

"Charter" or "charter contract" means the charter contract executed between a charter school and an
authorizer
;

(ix)

"Charter application" means the application submitted by a proposed charter school to an authorizer for the creation of a charter school;

(x)

"Department" means the Wyoming department of education;

(xi)

"Education service provider" means a for
‑
profit or nonprofit education management organization, charter management organization, or any other partner
entity that a charter school contracts with for educational program implementation or for comprehensive management.

21
‑
3
‑
303.

Charter school prohibitions.

(a)

This article shall not prohibit any private person or organization from funding or providing other assistance for the establishment or operation of a charter school established pursuant to this article
.
when the district board determines the funding or assistance is compatible with the mission of the district.

(d)

No charter school shall enter into a contract with an independent management company
or education service provider
without the prior written consent of the
district board. The school district shall be a third party beneficiary to any management contract approved by the district board
authorizer
.

21
‑
3
‑
304.

Charter school; requirements; authority.

(a)

A charter school shall be a public, nonsectarian, nonreligious, nonhome
‑
based school which operates within a public school district. Tuition shall not be charged by a charter school
to any student in grades kindergarten through twelve (12)
.

(b)

A
If a charter is granted by a school district, the
charter school shall be a public school within the school district that grants its charter
.

and
If a charter is granted by the state loan and investment board, the charter school shall be an independent public school within the district where the charter school is located. The charter school
shall be accountable to
the district board
its authorizer
for purposes of ensuring compliance with
applicable laws and charter provisions and the requirements of the state constitution.

(c)

A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application.

Enrollment decisions shall not discriminate against at
‑
risk students or special program students.
A charter school specializing in at
‑
risk or special education students may give a preference in enrollment to those students. A charter school sponsored jointly or separately by the Eastern Shoshone or the Northern Arapaho Indian Tribes may give preference to a student who is a member or eligible for membership in an Indian tribe.

(d)

A charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the
school district
authorizer
. A charter school may organize as a nonprofit corporation pursuant to the Wyoming Nonprofit Corporation Act, which shall not affect its status as a public school for any purposes under Wyoming law.
A charter school organized by a school district may include school board members or school district employees on its governing board.

(e)

A charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the
school district
authorizer

unless the
district board
authorizer
expressly assumes
such
the
obligations in writing
.

(f)

Notwithstanding the provisions of this article to the contrary, a charter school and the
school district
authorizer
may agree to extend the length of the charter beyond five (5) years
.
for the purpose of enhancing the terms of any lease or financial obligation.

(g)

Pursuant to contract ,
A
charter school may operate free from specified school district policies and state regulations. Pursuant to contract, a school district may waive locally imposed school district requirements, without seeking approval of the state board. The state board may waive state statutory requirements or rules promulgated by the state board, except that the state board shall not waive any statute or rule relating to the assessments or standards required to be administered. Upon request of the charter applicant, the state board shall provide summaries of such regulations and policies to use in preparing a charter school application. The department of education shall prepare the summary of state regulations within existing appropriations. Any waiver of state or local school district regulations made pursuant to this subsection shall be for the term of the charter for which the waiver is made, except that a waiver of state statutes or regulations by the state board shall be subject to review every two (2) years and may be revoked if the waiver is deemed no longer necessary by the state board.
Nothing in this subsection shall be deemed to exempt the charter school from:

(i)

Any civil rights, health or safety requirements applicable to other public schools in the state except as specifically provided in this article;

(ii)

The student assessment and accountability requirements applicable to other public schools, provided that this paragraph shall not prohibit a charter school from establishing additional student assessment measures;

(iii)

The public records act and public meeting requirements applicable to public schools and school districts and any federal or state privacy laws applicable to public schools or school districts.

(j)

A charter school may negotiate and contract with a school district, the governing body of a
state college or university
community college or the university of Wyoming
, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity or undertaking that the charter school is required to perform in order to carry out the educational program described in its charter. Any services for which a charter school contracts with a school district shall be provided by the district at
the incremental
cost.
For school district capital facilities that are rented at the time of the charter school application and had been rented for the immediately preceding six (6) months by a third party, the net loss of rental income shall be considered an incremental cost.
The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this subsection.

(k)

Except as provided in subsection (j) of this section, a
charter school shall not be required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the improvement, modification, operation and
maintenance of
the
school district
facilities used by the charter school shall be subject to negotiation between the charter school and the district board.

21
‑
3
‑
305.

Charter schools; contract contents; regulations.

(a)

An approved charter application shall serve as the basis for a contract between the charter school and the
school district
authorizer
.
The charter contract shall:

(i)

Be a written instrument which is a separate document from the charter application;

(ii)

Be executed by an authorizer and a charter school;

(iii)

Confer certain rights, privileges and obligations on the charter school;

(iv)

Confirm the status of the charter school as a public school;

(v)

Be granted for five (5) years;

(vi)

Provide for a review by the authorizer of the charter school's performance, including the progress of the charter school in achieving the academic goals set forth in the charter, at least one (1) time in each five (5) year period that the charter is in effect;

(vii)

Provide for renewal of the charter if the authorizer and the charter school agree to renew the charter pursuant to a renewal application. The renewal
application shall meet the requirements of subsection (b) of this section;

(viii)

Specify the grounds for the authorizer to:

(A)

Revoke the charter before the term for which the charter is granted;

(B)

Not renew a charter.

(ix)

Set forth the methods by which the charter school will be held accountable for achieving the educational mission and goals of the charter school, including the following:

(A)

Evidence of adequate performance or improvement in:

(I)

Assessment measures, including the statewide assessment system measures;

(II)

Attendance rates;

(III)

Graduation rates, if applicable;

(IV)

Statewide education accountability system measures;

(V)

Financial performance and stability; and

(VII)

Governing board performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.

(B)

Evidence of progress toward reaching the educational goals set by the charter school.

(x)

Describe the method to be used to monitor the charter school's:

(A)

Compliance with applicable law; and

(B)

Progress in meeting targeted educational performance.

(xi)

Specify that the authorizer and the charter school may amend the charter during the term of the charter by mutual consent and describe the process for amending the charter;

(xii)

Describe specific operating requirements, including all the matters set forth in the application for the charter;

(xiii)

Specify dates for the charter school to:

(A)

Begin school operations; and

(B)

Have students attending the charter school.

(xiv)

Specify that records of a charter school relating to the school's operation and the school's charter are subject to inspection and copying to the same extent that records of a public school are subject to inspection and copying;

(xv)

Specify that records provided by the charter school to the department or authorizer that relate to compliance by the charter school with the terms of the charter or applicable state or federal laws are subject to inspection and copying;

(xvi)

Require a charter school to set annual performance targets in conjunction with the charter school's authorizer. The annual performance targets shall be designed to help each school meet applicable federal, state and authorizer requirements.

(b)

The contract between the charter school and the
school district shall reflect all agreements regarding the release of the charter school from school district policies.
authorizer may be renewed pursuant to a renewal application. The renewal application shall:

(i)

Include any guidance provided by the authorizer specifying performance criteria that will guide the authorizer's renewal decisions;

(ii)

At a minimum, provide an opportunity for the charter school to:

(A)

Present evidence, beyond the data contained in the performance report, supporting charter renewal;

(B)

Describe improvements undertaken or planned for the charter school; and

(C)

Detail the charter school's plans for the next charter term.

(iii)

Be submitted by the governing board of a charter school seeking renewal not later than December 31 of the year preceding the start of the school year that the charter expires, under the renewal application guidance issued by the authorizer.

(f)

The authorizer shall make a final ruling on the renewal application not later than April 1 following the filing of the renewal application under this subsection. The April 1 deadline does not apply to any review or appeal of a final ruling. If a school district denies renewal of a charter, the charter school board may appeal to the state loan and investment board for a de novo consideration of the renewal.

The state loan and investment board shall consider the renewal and if the renewal is approved shall be the authorizer of the charter school.

(g)

After a charter school authorized by the state loan and investment board has been in operation for one (1) year or has been renewed by the state loan and investment board, the state loan and investment board may delegate to the school district where the charter school operates any of the functions of an
authorizer
under this article provided that:

(i)

The charter school and the school district approve the delegation of functions; and

(ii)

The charter school shall retain the right to seek renewal of the charter from the state loan and investment board.

21
‑
3
‑
306.

Application for establishing charter schools; conversion of existing schools.

(a)

Any person may apply to
the district board
an authorizer
for the establishment of a new charter school
.

or a charter school within a school to be located within the school district.
The applicant shall have the right to determine which authorizer to apply to and may apply to a different authorizer for renewal of a charter. The state loan and investment board may reject a renewal application from an existing charter school if the renewal is to avoid necessary corrective measures, including closure of the charter school, identified by the authorizer.

(d)

If a school district denies an application to convert a school to a charter school under subsection (b) of this section, the applicant may appeal to the state loan and investment board. If the state loan and investment board approves the application, it shall be the authorizer of the charter school.

21
‑
3
‑
307.

Charter application; contents; phased
‑
in application process.

(a)

The charter school application shall be
a proposed agreement, shall be
on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include:

(vii)

Admission requirements, if applicable
, provided that enrollment shall be open to all to the extent seats are available within the applicable grade level, subject to W.S. 21
‑
3
‑
304(c). If the number of applicants for enrollment exceeds the available seats, the charter school shall, subject to W.S. 21
‑
3
‑
304(c), hold a blind lottery to determine enrollment. Students enrolled in the previous year shall be guaranteed a seat, and applicants
with a sibling enrolled in the charter school shall receive a preference
;

(viii)

The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by the
school district
authorizer
, is to be conducted;

(xiii)

Evidence
that an
of
adequate
number of parents, teachers, pupils or any combination thereof

community
support
;
the formation of a charter school;

(xiv)

Evidence that the plan for the charter school is economically sound
;
for both the charter school and the school district;

(xxi)

In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school;
and

(xxii)

A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation
;
.

(xxiii)

In the case of a proposed charter school that plans to establish a full
‑
time virtual charter school, the application shall additionally require the applicant to provide a description regarding the methods by which the charter school will:

(A)

Ensure adequate supports are available to the students in their homes or regions, including parent teacher conferences and interactions;

(B)

Monitor student outcomes and administer state required assessments to all students in a proctored setting;

(C)

Establish and implement legally permissible criteria and processes for enrollment based on the existence of supports needed for student success;

(D)

Provide the desired enrollment level of the school for each year of the charter contract, not to exceed two hundred fifty (250) students in any given year, with any increases in enrollment from one (1) year to the next based on whether the school meets its performance requirements;

(E)

Provide a detailed budget for the school and propose a funding level per student for the school that is based upon that budget;

(F)

Provide data for oversight, funding, renewal and closure decisions for full
‑
time virtual charter school specific goals regarding student enrollment, attendance, engagement, achievement, truancy and attrition that demonstrates the school meets agreed upon benchmarks;

(G)

Provide that no more than twenty percent (20%) of its enrollment shall be from outside of the school district where the charter school is located without prior approval of the state loan and investment board.

(xxiv)

In the case of a proposed charter school that intends to contract with an education service provider for educational program implementation or comprehensive
management, the application shall additionally require the applicant to:

(A)

Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;

(B)

Provide a term sheet setting forth the proposed duration of the education service contract, the roles and responsibilities of the governing board, the school staff and the service provider, the scope of services and resources to be provided by the service provider, the performance evaluation measures and timelines for the service provider, the compensation structure for the service provider including clear identification of all fees to be paid to the education service provider, methods of contract oversight and enforcement, investment disclosures and conditions for renewal and termination of the contract; and

(C)

Disclose and explain any existing or potential conflicts of interest between the school governing board, the school's leadership and management team and the proposed education service provider or any affiliated business entities.

(xxv)

In the case of a proposed charter public school from an applicant that currently operates one (1) or more additional schools inside or outside of Wyoming, the application shall additionally require the applicant to provide evidence of past performance and the capacity for the operation of the additional school.

(b)

Upon submission of an application under W.S. 21
‑
3
‑
307(a), the
superintendent of the school district
authorizer
shall notify the applicant within thirty (30) days of submission whether the application is complete. If the
district superintendent
authorizer
determines that the application is incomplete, the
superintendent
authorizer
shall advise the applicant of the reasons for the determination in sufficient detail for the applicant to make changes for resubmission of the application to the
district superintendent
authorizer
.

(d)

The state superintendent shall through rule and regulation prescribe a uniform charter school application and renewal application form to be used by each
district
authorizer
and charter school applicant for purposes of this article, and shall establish charter school application review procedures, including timelines for application components specified under subsection (a) of this section. The phased application process prescribed by state superintendent rule and regulation may provide a process for mediation of disputes concerning completeness of an application between the applicant and
school district
authorizer
, which would be subject to W.S. 1
‑
43
‑
101 through 1
‑
43
‑
104, would allow either party to initiate mediation and would impose costs of mediation equally upon both parties.

Any mediation process prescribed by rule shall specify professional requirements for the impartial third party facilitating mediation. If either party refuses to mediate, the dispute may be appealed to the state board as provided in W.S. 21
‑
3
‑
310.

(e)

The state loan and investment board shall submit all applications received under this section to the department of education for review of compliance with the accreditation requirements.

The department of education
shall submit a report of this review to the state loan and investment board.

21
‑
3
‑
308.

Hearing by authorizer; prohibited actions by authorizer; criteria; compliance with state standards; contractual authority.

(a)

Not later than
thirty (30)
sixty (60)
days after receiving an application for any charter school which has been determined to be complete pursuant to W.S. 21
‑
3
‑
307(b), the
district board
authorizer
shall hold a public hearing on the application, at which time the
board
authorizer
shall consider the level of community and parental support for the application if an application for a new charter school, or the level of teacher and parental support if an application for a converted charter school or charter school within a school.
The application review process shall also include an in
‑
person interview of the applicant or applicant group.
Following review of the application and the public hearing, if applicable, and in accordance with subsection (d) of this section, the
district board
authorizer
shall either approve or deny the application within
sixty (60)
ninety (90)
days of receipt.
Approval under this article may be conditioned for purposes specified under subsection (c) of this section.
In addition, the
board
authorizer
may approve an application for the operation of a converted charter school only if it determines teacher and parental support for the conversion are established at the levels required by W.S. 21
‑
3
‑
306(b). Prior to approving an application for a charter school under this section, the
board
authorizer
shall approve and adopt the content and terms of the
contract
charter
as provided in W.S. 21
‑
3
‑
307.

(c)

The district board shall require the applicant to
The applicant shall
provide
with the application
information regarding the proposed operation and potential effects of the school, including but not limited to the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided and a demonstration that the school is adequately insured for liability, including errors and omissions coverage, and that the
school district
authorizer
is indemnified to the fullest extent possible.
As authorized under subsection (a) of this section, the applicant may request the district board and the board may approve the charter application subject to specified conditions which provide the applicant sufficient time to acquire necessary funding for securing or otherwise finalizing arrangements for facilities or equipment necessary for the operation of the proposed school. In addition, the
A
district board may upon request of the applicant and approval of the charter school application, make available for use by the charter school any district facility which is closed, not operational and otherwise feasible for use as an educational building as defined under W.S. 21
‑
15
‑
109(a)(ii).

(d)

Upon the approval of any application by the
district board
authorizer
, the applicant shall provide written notice of that approval including a copy of the application to the state superintendent. If the
district board
authorizer
denies the application, the
board
authorizer
shall not later than forty
‑
five (45) days following the date of its decision, notify the applicant of the denial in writing together with its reasons for denial.

(e)

A charter school may contract for the provision of services and property subject to the following:

(i)

The contract shall be executed in the same manner and subject to the same restrictions as contracts by
the
a
school district;

(ii)

The charter school shall be subject to all competitive bidding laws which apply to
the
a
school district;

21
‑
3
‑
309.

Length of operation under charter; renewal; revocation.

(a)

A charter
contract
may be granted pursuant to this article for a period
not to exceed
of
five (5) years
.

and may be renewed for successive periods not to exceed five (5) years for each renewal period. A material revision of the provisions of a charter petition may be made only with the approval of the local board granting the charter.
A charter contract may be renewed for successive five (5) year terms, provided that the authorizer may vary the duration of the term based on the performance, demonstrated capacities and particular circumstances of the charter school. An authorizer may grant renewal of the charter contract with specific conditions for necessary improvements to the charter school.

(b)

A charter school renewal application submitted to the
school district
authorizer
shall be on a form prescribed by the state superintendent pursuant to W.S. 21
‑
3
‑
307(d)
and in accordance with W.S. 21
‑
3
‑
305(b)
and shall contain:

(c)

A charter may be revoked or not renewed by the
district board
authorizer
if the
board
authorizer

determines that the charter school did any of the following:

(e)

If
a district board
an authorizer
revokes or does not renew a charter, the
board
authorizer
shall state its reasons for the revocation or nonrenewal.

21
‑
3
‑
311.

Participation in retirement system.

(b)

Any charter school shall participate in the Wyoming retirement system to the extent as if it were a public school within the district
as designated in the charter
.

21
‑
3
‑
312.

Authorizer to report to state board.

Each
district board
authorizer
granting a charter pursuant to this article shall annually report to the state board on each charter school operating
within the district,
under its authorization and
compliance with the provisions of the charter
.
and shall assure the state board that students attending the charter school are receiving an education consistent with the educational opportunities available to all students within the school district.

21
‑
3
‑
313.

Charter schools; employee options.

(b)

The employment status of school district employees employed by the charter school who seek to return to employment with
noncharter
schools in the school district shall be negotiated
with the school district
and included in the charter contract.

21
‑
3
‑
314.

Students counted among district ADM; determination of charter school funding.

(f)

If a charter school or full
‑
time virtual charter school authorized by the state loan and investment board and the school district where the charter school is located do not agree on funding pursuant to subsections (a) through (e) of this section then, notwithstanding subsection (c) of this section or any other provision of law funding for the charter school shall be calculated as provided in this subsection. Nothing in this subsection shall be deemed to prohibit a charter school and the school district from negotiating an agreement for charter school students to receive services from the district. Funding for the charter school shall be calculated as follows:

(i)

All funding for the school district under W.S. 21
‑
13
‑
309(m) that is attributable to the charter school shall be reduced to eighty percent (80%) of the amount that would otherwise have been calculated;

(ii)

All funding for the school district under W.S. 21
‑
13
‑
309(m) that is attributable to the full
‑
time virtual charter school shall be reduced to sixty
‑
five percent (65%) of the amount that would otherwise have been calculated;

(iii)

The charter school shall be entitled to funding as provided in subsection (c) of this section from the reduced amount calculated under paragraph (i) or (ii) of this subsection.

Section 3
.

W.S. 21-3-304(a) is amended to read:

21
‑
3
‑
304.

Charter school; requirements; authority.

(a)

A charter school shall be a public, nonsectarian, nonreligious, nonhome
‑
based school which operates within a public school district. Tuition shall not be charged by a charter school
to any student in grades kindergarten through twelve (12)
.

Section 4.

W.S. 21
‑
3
‑
303(e), 21
‑
3
‑
304(n) and (o), 21
‑
3
‑
305(c) through (e), 21
‑
3
‑
307(a)(xvi), (xvii) and (c), 21
‑
3
‑
308(e)(v), 21
‑
3
‑
309(d) and (f), 21
‑
3
‑
310, 21
‑
3
‑
311(a) and 21
‑
3
‑
313(a) and (c) are repealed.

Section 5.

Notwithstanding W.S. 21
‑
3
‑
301 through 21
‑
3
‑
314 as created and amended by sections 1 and 2 of this act, not more than three (3) charter schools shall be authorized by an entity that is not the school district board until the state superintendent of public instruction reviews the impacts and benefits of charter schools and provides a report to the joint education interim committee recommending that additional charter schools should be authorized under the process implemented in this act and the legislature acts to repeal this section.

Section 6.

The joint education interim committee shall study charter schools and shall prepare any legislation it deems necessary related to charter schools for consideration during the 2022 budget session of the Wyoming legislature.

Section 7.

(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)

Sections 1, 2 and 4 of this act are effective July 1, 2022.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1