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22LSO-0171
2022
STATE OF WYOMING
22LSO-0171
Numbered
2.0
HOUSE BILL NO. HB0138
Wyoming hope scholarship program.
Sponsored by: Representative(s) Laursen, Andrew, Bear, Blackburn, Fortner, Hallinan, Haroldson, Heiner, Jennings, Neiman and Ottman and Senator(s) Biteman, Boner, French, Kinskey, Kolb and McKeown
A BILL
for
AN ACT relating to education; creating the Hope scholarship program; providing eligibility requirements; establishing a board; authorizing administration and rulemaking; creating an account; establishing a fund; providing for continuous appropriation; providing for a transfer of funds; making conforming amendments; specifying compulsory attendance exemptions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 21
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901 through 21
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2
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914 are created to read:
ARTICLE 9
HOPE SCHOLARSHIP PROGRAM
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901.
Short title.
This article shall be known as the "Hope scholarship act." The program created by this act shall be known as the "Hope scholarship program."
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902.
Definitions.
(a)
As used in this article:
(i)
"Account" or "scholarship" means a Hope scholarship account, awarded pursuant to this article, to which funds are allocated by the board to the parent or parents of an eligible Hope scholarship student in order to pay qualifying education expenses to educate the student pursuant to the requirements and conditions of this article;
(ii)
"Board" means the Hope scholarship board created pursuant to W.S. 21
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2
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904;
(iii)
"Curriculum" means a complete course of study for a particular content area or grade level, including any supplemental curriculum materials required by the curriculum;
(iv)
"Education service provider" means a person or organization that receives payments from Hope scholarship accounts to provide educational goods and services to Hope scholarships students;
(v)
"Eligible recipient" means a child who is a Wyoming resident and:
(A)
Is enrolled full
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time and attending a public elementary or secondary school program in Wyoming for not less than forty
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five (45) calendar days during an instructional term at the time of application and until an award letter is issued by the board under W.S. 21
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2
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906(c);
(B)
Was enrolled full
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time in a public elementary or secondary school program in Wyoming for the entire instructional term the previous year; or
(C)
Is eligible at the time of application to enroll in a Wyoming school district pursuant to W.S. 21
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301 and 21
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302.
(vi)
"Hope scholarship funds" means the funds deposited in the Hope scholarship student's account in accordance with the requirements of this article;
(vii)
"Hope scholarship student" means a student who receives a scholarship pursuant to this article;
(viii)
"Parent" means a parent, legal guardian, custodian or other person having control or charge of an eligible recipient or Hope scholarship student;
(ix)
"Participating schools" means any private school that provides education to elementary or secondary students and has notified the board of its intention to
participate in the program and comply with the program's requirements;
(x)
"Resident school district" means the Wyoming school district in which the student resides.
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903.
Hope scholarship expense account created; use and transfer of funds.
(a)
The Hope scholarship expense account is created to consist of funds transferred pursuant to subsection (b) of this section and other funds appropriated by the legislature to the expense account. Earnings from investment of the expense account shall be credited by the state treasurer to the expense account. Any unencumbered, unobligated balance of the expense account at the end of each fiscal year shall not revert to the general fund but shall remain in the account and shall be expended as provided by this section. All expenses incurred by the state treasurer or the board in developing and administering the Hope scholarship program shall be payable from the Hope scholarship expense account.
(b)
An amount not to exceed five percent (5%) of the Hope scholarship program fund, as created under W.S. 9
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204(u)(ix), shall be transferred by the state auditor annually to the Hope scholarship program expense account established in subsection (a) of this section for the annual administrative costs of the Hope scholarship program. If the number of Hope scholarship accounts increases significantly after any fiscal year, the state treasurer may request the state auditor transfer an amount equal to the increased administrative costs associated with the additional Hope scholarship accounts from the Hope scholarship program fund to the Hope scholarship expense account.
(c)
For the fiscal year beginning on July 1, 2023, and each fiscal year thereafter, in addition to other amounts for state financial support for public education required under W.S. 21
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301 et seq., the Wyoming department of education shall include in its budget request an amount equal to the greater of:
(i)
Two percent (2%) of the immediately preceding school year's total statewide average daily membership multiplied by the school foundation program amount allocated on a per average daily membership basis pursuant to W.S. 21
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301 et seq.; or
(ii)
The number of Hope scholarship recipients for the immediately preceding year multiplied by the school foundation program amount allocated on a per average daily membership basis pursuant to W.S. 21
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301 et seq.
(d)
Any amount appropriated by the legislature as requested by the Wyoming department of education pursuant to subsection (c) of this section shall be transferred immediately by the state auditor to the Hope scholarship program fund created under W.S. 9
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204(u)(ix) to be expended by the board pursuant to this article.
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904.
Hope scholarship board; members; terms; compensation; authority.
(a)
The Hope scholarship program shall be administered by the Hope scholarship board.
(b)
The Hope scholarship board shall consist of nine (9) members to include the following:
(i)
The state treasurer;
(ii)
The state auditor, or his designee;
(iii)
The state superintendent of public instruction, or his designee;
(iv)
The chairman of the state board of education;
(v)
The executive director of the Wyoming community college commission;
(vi)
The attorney general of the state of Wyoming, or his designee;
(vii)
Three (3) members appointed by the governor with the advice and consent of the senate, who are Wyoming residents and parents of Hope scholarship students, or for the initial appointment of board members following the effective date of this article, are Wyoming residents and parents who intend to apply for the Hope scholarship on behalf of an eligible recipient. The members shall be appointed as follows:
(A)
The members shall reside in geographically diverse areas of the state;
(B)
The members shall be initially appointed to staggered terms as follows:
(I)
One (1) member appointed for a one (1) year term;
(II)
One (1) member appointed for a two (2) year term;
(III)
One (1) member appointed for a three (3) year term.
(C)
After the initial staggered terms, appointed board members shall serve three (3) year terms and are eligible for reappointment at the expiration of their terms;
(D)
If there is a vacancy among appointed members, the vacancy shall be filled by appointment to the unexpired term of a person meeting the requirements of this section by the governor with the advice and consent of the senate. Appointed members of the board shall serve until the later of the expirations of the term for which the member was appointed or the appointment of his successor.
(c)
Members of the board shall serve without compensation. The board may reimburse members for all reasonable and necessary expenses, including travel expenses actually incurred by board members in the conduct of their official duties required under this article. Any
reimbursements under this subsection shall be made from the Hope scholarship expense account.
(d)
The state treasurer is the chairman and presiding officer of the board. The state treasurer may provide office space and staff to the board upon request of the board.
(e)
The state superintendent of public instruction may provide staff to the board upon request of the board.
(f)
A majority of the members of the board constitutes a quorum for the transaction of the business of the board.
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905.
Powers of the Hope scholarship board.
(a)
The board is authorized to take any action necessary to effectuate the provisions of this article and to successfully administer the Hope scholarship program, subject to applicable state and federal law, including but not limited to:
(i)
Adopt and amend bylaws;
(ii)
Execute contracts and other instruments for necessary goods and services, employ necessary personnel and engage the services of private consultants, actuaries, auditors, counsel, managers, trustees and any other contractors or professionals needed for rendering professional and technical assistance and advice;
(iii)
Implement the program through the use of financial organizations as account depositories and managers;
(iv)
Promulgate rules to impose requirements, policies, procedures and guidelines to implement and manage the program;
(v)
Determine whether the expenditure of Hope scholarship funds is or was a qualifying expense to educate a Hope scholarship recipient pursuant to W.S. 21
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908. The
board may approve or deny any expenditure by a majority vote;
(vi)
Review requests for informal reviews under W.S. 21
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911(b) or (d);
(vii)
Establish the method by which funds in the Hope scholarship expense account shall be allocated to pay for administrative costs and assess, collect and expend administrative fees, charges and penalties;
(viii)
Authorize the assessment, collection and retention of fees and charges against the amounts paid into and the earnings of the funds and accounts under the board's control by a financial institution investment manager, fund manager or other professional who is managing or investing the funds and accounts;
(ix)
Invest and reinvest any of the funds and accounts under the board's control with a financial institution, an investment manager, a fund manager or other professional who is investing the funds and accounts;
(x)
Solicit and accept gifts, including bequests and other testamentary gifts made by will, trust or other disposition, grants, loans, aid, and property, real or personal of any nature and from any source or to participate in any other way in any federal, state or local government programs in carrying out the purposes of this article. The board shall use any property received to effectuate the desires of the donor to the extent practical and shall convert the property received into cash within one hundred eighty (180) days of receipt.
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906.
Hope scholarship program established; application for Hope scholarships; parental agreement required.
(a)
The Hope scholarship program is established to provide the option for a parent to better meet the individual education needs of an eligible student. The program shall be operational no later than July 1, 2023.
(b)
The board shall create a standard application form that a parent can submit to establish a student's eligibility for the award of Hope scholarship funds, to be placed in a personal education savings account to be used for qualifying education expenses on behalf of the eligible recipient as provided for under W.S. 21
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908. Information about scholarship funds and the application process shall be made available on the board's website.
(c)
The board shall make applications available no later than March 1, 2023, and shall begin accepting applications immediately thereafter. The board may update the application as needed. The board shall issue an award letter to eligible recipients within forty
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five (45) days of receipt of a completed application and all required documentation.
(d)
The board shall approve an application for a Hope scholarship if all of the following are met:
(i)
The parent submits an application for a Hope scholarship in accordance with rules promulgated by the board;
(ii)
The student on whose behalf a parent is applying is an eligible recipient, as provided in W.S. 21
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902(a)(v);
(iii)
The parent signs an agreement with the board, agreeing to do all of the following:
(A)
Provide an education for the eligible recipient in at least the subjects of reading, language, mathematics, science and social studies;
(B)
Use the Hope scholarship funds exclusively for qualifying expenses as provided in W.S. 21
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908;
(C)
Comply with the rules and requirements of the Hope scholarship program;
(D)
Offer the Hope scholarship student opportunities for educational enrichment, which may include organized athletics, art, music or literature.
(iv)
The board confirms with the Wyoming department of education that the student satisfies the requirements of W.S. 21
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902(a)(v). If the department fails to reply within thirty (30) days to the request for verification under this subparagraph, this criteria is considered satisfied.
(e)
A student is not eligible for a Hope scholarship if the student has graduated from high school, received a high school equivalency certificate or has completed the equivalent of high school graduation through a home based educational program.
(f)
An application for a Hope scholarship is confidential and is not a public record subject to release pursuant to the Public Records Act under W.S. 16
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201 et seq.
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907.
Award and expenditure of Hope scholarships; conditions of continued eligibility and termination.
(a)
The amount of Hope scholarship funds made available to an eligible recipient on a yearly basis shall be equal to the school foundation program amount allocated on a per average daily membership basis pursuant to W.S. 21
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301 et seq. for the immediately preceding school year for one (1) student. The amount of the funding to an eligible recipient who is awarded a Hope scholarship account for less than a full school year shall be prorated based on the percentage of total instruction to be provided by the education service provider to the student. On or before the submission of the Wyoming department of education's budget request each year, the board shall notify the department of education of the total number of eligible Hope scholarship applications received by the board in the prior year for purposes of facilitating the necessary transfer of funds pursuant to W.S. 21
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903(c).
(b)
Expenditures from the Hope scholarship fund shall be limited to the purposes set forth in this article. To
the extent sufficient funds are not available in the Hope scholarship program fund created under W.S. 9
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204(u)(ix) to fund all scholarships provided under this article, payment to scholarship recipients shall be reduced on a first come first served basis using the student's application date for the scholarship.
(c)
The first deposit of Hope scholarship funds into an eligible recipient account shall be subject to the execution of the parental agreement required under W.S. 21
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906. Upon execution of the required agreement, and subject to the provisions of W.S. 21
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910(e), one
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half (1/2) of the total annually required deposit shall be made not later than August 15 of the fiscal year into an eligible recipient's Hope scholarship account, and one
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half (1/2) of the total annually required deposit shall be made not later than January 15 of the fiscal year. Any funds remaining in a Hope scholarship account at the end of the fiscal year may be carried over to the next fiscal year upon successful renewal of the account.
(d)
Subject to applicable federal law, funds deposited in a student's Hope scholarship account shall not constitute taxable income to the parent or to the Hope scholarship student.
(e)
The board shall continue to make deposits into an eligible recipient's Hope scholarship account each year in accordance with the provisions of this article unless the following conditions have occurred:
(i)
A parent of an eligible recipient fails to renew a Hope scholarship account or withdraws from the Hope scholarship program;
(ii)
The board determines that a student is no longer eligible for a Hope scholarship;
(iii)
The board suspends or revokes participation in the Hope scholarship program for failure to comply with the requirements of this article;
(iv)
The Hope scholarship student successfully completes a secondary education program; or
(v)
The Hope scholarship student reaches twenty
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one (21) years of age.
(f)
If any of the conditions in subsection (e) of this section occur, the board shall notify the parent that the eligible recipient's account will be closed in forty
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five (45) calendar days. If a parent fails to adequately address the condition or conditions upon which closure is based or does not respond within thirty (30) calendar days of receipt of notice, the board shall close the account and any remaining funds shall be returned to the state and deposited in the Hope scholarship program fund.
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908.
Qualifying expenses for Hope scholarship accounts.
(a)
Parents of a Hope scholarship student shall agree to use the funds deposited in their student's Hope
scholarship account only for the following qualifying expenses to educate the student:
(i)
Tuition for services provided by a public school district pursuant to W.S. 21
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909(f), including without limitation, individual classes and extracurricular activities and programs;
(ii)
Tuition and fees at a participating school;
(iii)
Tutoring services provided by an individual or a tutoring facility, provided that tutoring services shall not be provided by a member of the Hope scholarship student's immediate family;
(iv)
Fees for nationally standardized assessments, advanced placement examinations, any examinations related to college or university admission and tuition or fees for preparatory courses for those exams;
(v)
Tuition and fees for programs of study or the curriculum of courses that lead to an
industry
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recognized credential that satisfies a workforce need;
(vi)
Tuition and fees for nonpublic online learning programs;
(vii)
Tuition and fees for alternative education programs;
(viii)
Fees for after
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school or summer education programs;
(ix)
Educational services and therapies, including but not limited to occupational, behavioral, physical, speech
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language and audiology therapies;
(x)
Curriculum as defined under W.S. 21
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902(a)(iii);
(xi)
Fees for transportation paid to a fee
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for
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service transportation provider for the student to travel to and from an education service provider;
(xii)
Any other qualified expenses as approved by the board.
(b)
Hope scholarship funds shall only be used for educational purposes in accordance with subsection (a) of this section. Nothing in this section requires that a Hope scholarship student be enrolled, full
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time or part
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time, in either a private or nonpublic online school.
(c)
Hope scholarship funds shall not be refunded, rebated or shared with a parent or student in any manner. Any refund or rebate for goods and services purchased with Hope scholarship funds shall be credited directly to a student's Hope scholarship account.
(d)
Nothing in this section prohibits the parents of a Hope scholarship student from making payments for the costs of educational goods and services not covered by the funds in their student's Hope scholarship account. No person shall make personal deposits into a Hope scholarship account.
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909.
Renewal of Hope scholarships; partial participation in public school system.
(a)
A parent may renew an eligible Hope scholarship on an annual basis. Notwithstanding any changes in eligibility, a Hope scholarship student who has previously qualified for a Hope scholarship account remains eligible to apply for renewal until one (1) of the conditions set forth in W.S. 21
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907(e) occurs, provided that the board verifies with the Wyoming department of education the following information by July 1 of every year:
(i)
A list of all active Hope scholarship accounts;
(ii)
The resident school district of each Hope scholarship student;
(iii)
For a Hope scholarship student who chooses to attend a participating school, annual confirmation of the student's continued attendance at a nonpublic school
that complies with all the requirements that other nonpublic school students are required to comply with;
(iv)
For a Hope scholarship student who chooses an individualized instructional program:
(A)
The student has annually taken a nationally normed standardized achievement test of academic achievement and the mean of the student's test results in the subject areas of reading, language, mathematics, science and social studies for a single year is not less than the fourth stanine or, if below, shows improvement from the previous year's results. The student's test results shall be reported to the student's resident school district; or
(B)
A certified teacher conducts a review of the student's academic work annually and the certified teacher determines that the student is making academic progress commensurate with the student's age and ability. The certified teacher's determination shall be reported to the student's resident school district.
(b)
Each public school district superintendent shall submit the test results and determinations reported pursuant to subsection (a) of this section to the Wyoming department of education each year on or before June 15.
(c)
If a parent fails to renew an eligible recipient's Hope scholarship, the board shall notify the parent that the eligible recipient's account will be closed in forty
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five (45) calendar days. If a parent chooses not to renew or does not respond within thirty (30) calendar days of receipt of notice, the board shall close the account and any remaining funds shall be returned to the state and deposited in the Hope scholarship program fund.
(d)
If an eligible recipient decides to return to the Hope scholarship after failing to renew, the parent shall reapply as provided in W.S. 21
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906(d).
(e)
The board, in consultation with the Wyoming department of education, shall adopt rules and policies to provide the least disruptive process for a Hope scholarship
student who desires to stop receiving Hope scholarship payments and return full
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time to a Wyoming public school.
(f)
The board, in consultation with the Wyoming department of education, shall adopt rules and policies for Hope scholarship students who want to receive services provided by a public school or district, including individual classes and extracurricular programs, in combination with an individualized instructional program. The board, in consultation with the department of education, shall ensure that any public school or school district providing such services receives the appropriate pro rata share of a student's Hope scholarship funds based on the percentage of total instruction provided to the student by the public school or school district. Wyoming public school districts shall charge tuition to Hope scholarship students who enroll for services in a public school in accordance with the rules required under this subsection. Hope scholarship students who enroll for services part
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time in public school shall not be included in the district's average daily membership under W.S. 21
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309(m)(iv). Nothing in this subsection prohibits a
Hope scholarship student from using funds deposited in the student's account for services provided by a public school or district and other qualifying expenses under W.S. 21
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908.
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910.
Administration of Hope scholarship accounts.
(a)
In addition to other duties assigned by law, the board shall:
(i)
Maintain an updated list of participating schools and ensure that the list is publicly available through various sources, including the internet;
(ii)
Provide parents with a written explanation of the allowable uses of Hope scholarship funds, the responsibilities of parents, the duties of the board and the roles of any private financial management firms or other private organizations that the board may contract with to administer the Hope scholarship program or any aspect of the program;
(iii)
Provide parents of students with a disability, notice that participation in the Hope scholarship program is a parental placement under 20 U.S.C. § 1412 of the Individuals with Disabilities Education Act along with an explanation of the rights that parentally placed students possess under the Individuals with Disabilities Education Act and any applicable state laws and regulations.
(b)
The board may contract with private organizations to administer the Hope scholarship program. This includes, but is not limited to, private financial management firms to manage Hope scholarship accounts.
(c)
The board shall implement, or contract with a private organization to implement, a system for payment for services from Hope scholarship accounts to participating schools or education service providers including but not limited to the use of debit cards or other electronic or online fund transfers. No fee shall be charged by private organizations for the use of debit cards or electronic
payment from Hope scholarship accounts to participating schools or education service providers.
(d)
The board shall implement a system for publicly rating, reviewing and sharing information about participating schools and education service providers as part of the system that facilitates the electronic or online funds transfers to create a single point for parents and Hope scholarship students to access all relevant Hope scholarship program information.
(e)
If an education service provider requires partial payment of tuition or fees prior to the start of the academic year to reserve a space for a Hope scholarship student admitted to the education service provider, the partial payment may be paid prior to the start of the school year in which the Hope scholarship is awarded and shall be deducted in an equitable manner from subsequent Hope scholarship deposits. If a Hope scholarship student does not use the education service provider, the partial reservation payment shall be returned to the board by the
educational service provider and credited to the student's Hope scholarship account.
(f)
The board may accept gifts or grants from any source to pay administrative costs, to inform the public about the Hope scholarship program or to provide additional funding for Hope scholarship accounts.
(g)
The board shall adopt rules that are not inconsistent with this article and that are necessary for the administration of this article, including:
(i)
Establishing or contracting for the establishment of a fraud reporting system;
(ii)
Policies that require a surety bond for education service providers receiving more than one hundred thousand dollars ($100,000.00) in Hope scholarship funds;
(iii)
Procedures for refunding payments from educational service providers back to Hope scholarship accounts;
(iv)
Procedures for entering into reciprocal agreements with other state education savings account agencies and entities, whether public or private, to recognize and allow education service providers approved in other states to receive payments from Hope scholarship accounts under this article.
(h)
The rules or policies adopted by the board shall encourage participation in the program and shall encourage education service providers to provide parents and Hope scholarship students with a broad array of education options.
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911.
Auditing of Hope scholarship program; suspension of accounts and providers; review of decisions.
(a)
The board shall conduct or contract for random financial audits of individual Hope scholarship accounts as necessary to ensure compliance with the requirements of this article and rules promulgated by the board.
(b)
As part of the financial audit process, the board may remove a parent or eligible recipient from the Hope scholarship program and close a Hope scholarship account for failure to comply with the terms of the parental agreement required under W.S. 21
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906, failure to comply with applicable laws and rules, failure of the student to remain eligible or intentional and fraudulent misuse of Hope scholarship funds. The board shall adopt rules to establish a review process for the board to examine whether the parent or eligible recipient was appropriately removed from the Hope scholarship program in accordance with this subsection. The board's decision under this subsection shall be a final agency action subject to judicial review in the district court pursuant to W.S. 16
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114.
(c)
The board may conduct or contract for the audit of education service providers accepting payments from Hope scholarship accounts if it determines that the education service provider has:
(i)
Intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner; or
(ii)
Routinely failed to provide students with promised educational goods or services.
(d)
If the board determines that an education service provider has intentionally and substantially misused Hope scholarship funds, the board may prohibit the education service provider from continued receipt of payments. The board shall adopt rules to establish a review process for the board to examine whether the education service provider was appropriately removed from receipt of the Hope scholarship payments in accordance with this subsection. If the board prohibits an education service provider from receiving payments from Hope scholarship accounts, it shall notify parents and students of its decision within five (5) business days of its final determination. The board's decision under this subsection shall be a final agency action subject to judicial review in the district court pursuant to W.S. 16
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114.
(e)
If the board obtains evidence of potential fraudulent use of Hope scholarship funds by any person, it may refer suspected cases to the state department of audit for purposes of investigation, collection and potential criminal investigation.
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912.
Requirements for education service providers.
(a)
To be eligible to accept payments from a Hope scholarship account, an education service provider shall:
(i)
Submit notice to the board that it wishes to participate in the Hope scholarship program;
(ii)
Provide participating parents with a receipt for all paid qualifying educational expenses for the Hope scholarship student;
(iii)
Agree not to refund, rebate or share Hope scholarship funds with parents or students in any manner,
except that funds may be remitted or refunded to a Hope scholarship account in accordance with W.S. 21
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908(c);
(iv)
Agree to submit any employee who will have contact with Hope scholarship students to a criminal background check;
(v)
Provide notice of enrollment annually to the student's resident school district.
(b)
This article does not limit the independence or autonomy of an education service provider or make the actions of an education service provider the actions of the state government.
(c)
Education service providers shall be given maximum freedom to provide for educational needs of Hope scholarship students without governmental control.
(d)
A participating school or education service provider is not required to alter its creed, practices, admission policy, hiring policy or curriculum in order to
accept eligible recipients whose parents pay tuition or fees from a Hope scholarship account pursuant to this article.
(e)
This article does not expand the regulatory authority of the state, its officers or any school district to impose any additional regulation of education service providers beyond those necessary to enforce the requirements of the Hope scholarship program.
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913.
Responsibilities of resident school districts.
The resident school district or school district in which a Hope scholarship student was last enrolled, as applicable, shall provide an educational service provider that has enrolled the student with a complete copy of the student's school records, while complying with the federal Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.
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914.
Legal proceedings; severability.
(a)
No liability arises on the part of the board or the state or of any public school district based on the award or use of a Hope scholarship awarded pursuant to this article.
(b)
It is the intention of the legislature in the enactment of this article that if any part of this article is challenged in court as violating either the state or federal constitution, the parents of eligible Hope scholarship students have standing to be parties to such litigation and shall be permitted by the court to intervene as a party.
Section 2.
W.S. 9
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204(u) by creating a new paragraph (ix), 21
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4
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102 by creating a new subsection (d), 21
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4
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301 and 21
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310(a)(ix) are amended to read:
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204.
Funds established; use thereof.
(u)
Other funds defined as follows shall be classified by the state auditor pursuant to subsections (s) and (t) of this section:
(ix)
The Hope scholarship fund – to consist of funds appropriated, designated or transferred to the fund by law or by gift from whatever source. Earnings from investment of monies within the fund shall be credited to the fund. Any balance, including accrued interest and other earnings, remaining in the fund at the end of each year shall not revert to the general fund, but shall remain in the fund and be expended as provided by law.
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102.
When attendance required; exemptions; withdrawal.
(d)
A child is exempt from the compulsory attendance requirement under this section if the child is an eligible recipient participating in the Hope scholarship program, as provided under W.S. 21
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901 et seq., and provides notice of intent to participate in the Hope scholarship program to the child's resident school district.
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301.
Schools to be free and accessible to all children; minimum school year.
(a)
Except as otherwise provided by law, the public schools of each school district in the state shall at all times be equally free and accessible to all children resident therein of five (5) years of age as of August 1, or September 15 if pursuant to an approved request under W.S. 21
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110(a)(xxxviii), of the year in which they may register in kindergarten as provided in W.S. 21
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302(b) and under the age of twenty
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one (21), subject to regulations of the board of trustees. Each school district shall operate its schools and its classes for a minimum of one hundred seventy
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five (175) days each school year unless an alternative schedule has been approved by the state board. Prior to submission of a proposed alternative schedule to the state board, the board of trustees shall hold at least two (2) advertised public meetings within the district, at which the board shall present the proposed alternative schedule and respond to public questions and comments. Any school district operating under an alternative schedule shall annually evaluate the effectiveness of that schedule in meeting the educational goals and purposes for which the schedule was adopted.
(b)
A parent, guardian or other person having control or charge of any child eligible to attend public school in Wyoming under subsection (a) of this section shall have the option to apply for a Hope scholarship on behalf of the child under W.S. 21
‑
2
‑
901 et seq.
21
‑
13
‑
310.
Annual computation of district revenues.
(a)
To ensure revenues available to each district are uniformly sufficient to enable compliance with the uniform standards for educational programs prescribed under W.S. 21
‑
9
‑
101 and 21
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9
‑
102 and to secure state board accreditation of educational programs under W.S. 21
‑
2
‑
304(a)(ii), the revenues specified under this subsection shall be deemed state revenues and shall be considered in determining the amount to be distributed to each district under W.S. 21
‑
13
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311. A district shall make an annual computation of the following revenues:
(ix)
The amount of tuition paid to the district during the previous school year, including any amount
charged under W.S. 21
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4
‑
501 and any amount assessed in excess of the costs incurred for adult education programs, summer school programs, programs provided under an agreement for cooperative educational programs under W.S. 21
‑
20
‑
101 through 21
‑
20
‑
111 and any amount assessed for programs and services for children with disabilities, but excluding any tuition assessed by a district for the provision of virtual education programs to participating students pursuant to W.S. 21
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13
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330, any tuition assessed by a district for the provision of part
‑
time educational programs to participating students pursuant to W.S.
21
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2
‑
909(f) and
21
‑
4
‑
502(c), any revenues received by a district from
post secondary
education option programs provided under W.S. 21
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20
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201 or for the provision of educational programs to a nonresident student placed in a juvenile detention facility pursuant to an agreement with the student's resident school district;
Section 3
.
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
.
(END)
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HB0138