Military dependents-school choice.

Plain English Breakdown

The summary provided is based on the information available and may not cover all aspects of the bill.

Military Dependents School Choice Act

This law allows children of active duty military members to transfer to another public school within their district if they face discrimination, with reporting requirements and an appeal process.

What This Bill Does

• Allows a child whose parent or guardian is on active duty in the U.S. military to change schools within their district if there is proof that the child faced discrimination.
• Requires a school district to report any denial of such a transfer request to the state superintendent within ten days.
• Does not require public schools to offer special programs, alter structures or eligibility criteria for these students beyond allowing them to attend another school in the same district.
• Provides an appeal process if parents disagree with a decision made by the school district about transferring their child.

Who It Names or Affects

• Children of active duty U.S. military personnel
• School districts within Wyoming

Terms To Know

Active Duty Military

Full-time service in the United States' armed forces, excluding National Guard and Reserve members.

Limits and Unknowns

• The law does not apply to children of military personnel who are part of the National Guard or Reserves.
• School districts can refuse a transfer if the child has been suspended or expelled from their current school.

Official Summary Text

Bill Summary - 23LSO-0260
Bill No.:

SF0123

Effective:

7/1/2023

LSO No.:

23LSO-0260

Enrolled Act No.:

SEA No. 0066

Chapter No.:

130

Prime Sponsor:

Boner

Catch Title:

Military dependents-school choice.

Subject:

School transfer for military dependents

Summary/Major Elements:

This act allows a child whose parent or guardian is an active duty military member to transfer from one public school to another public school within the school district if the active-duty military member provides proof of having filed an official complaint with the military base describing discrimination against the child.

This act allows a school district to decline to transfer a child to a particular public school if that child has been suspended or expelled.

This act requires a school district to report a transfer denial to the state superintendent of public instruction not later than ten (10) days after the school district issues the transfer denial.

This act does not require a public school to offer additional programs, alter the structure of the school or alter eligibility criteria to accommodate a child seeking a transfer of enrollment.

This act outlines an appeal process for any parent or guardian who is an active duty military member aggrieved by a decision of the school district.

This act provides a definition of active duty military to mean full-time duty status in the active uniformed services of the United States, but it does not include members of the national guard and reserve on active duty orders.

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

23LSO-0260

ORIGINAL Senate

ENGROSSED
File No
.
SF0123

ENROLLED ACT NO. 66,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to education; allowing children of active duty military members to transfer to any public school within a school district as specified; requiring reporting; making a conforming amendment; and providing for an effective date.

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

Section 1
.

W.S. 21
‑
4
‑
302.2 is created to read:

21
‑
4
‑
302.2.

Enrollment and transfer for children of active duty military members; discrimination.

(a)

As used in this section, "active duty military" means full
‑
time duty status in the active uniformed services of the United States. The term does not include members of the national guard and reserve on active duty orders.

(b)

Once enrolled in a public school within the school district, any pupil whose parent or guardian is an active duty military member may transfer enrollment from one (1) public school within the school district where the pupil resides to another public school within the same district at any time, except as otherwise provided in subsection (c) of this section. A transfer of enrollment under this subsection shall require that the active duty military member provide proof of having filed an official complaint with a military base equal opportunity office describing discrimination against the pupil seeking the transfer of enrollment.

(c)

A school district may decline to transfer a pupil seeking a transfer under this section in a particular public school within the district if the pupil seeking a transfer of enrollment has been suspended or expelled or is in the process of being suspended or expelled under W.S. 21
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4
‑
305 through 21
‑
4
‑
306.

(d)

Not later than ten (10) days after a school district declines to transfer a pupil seeking a transfer under subsection (c) of this section, a school district shall report its denial to the state superintendent of public instruction.

(e)

Nothing in this section shall be construed to require a particular public school to offer additional programs, alter the structure or equipment of the necessary facilities to meet any special needs of a pupil, offer a particular program or alter eligibility criteria for participation in a particular program including age requirements, course prerequisites and required levels of performance.

(f)

Any parent or guardian who is an active duty military member aggrieved by a decision of the school district under subsection (c) of this section, may seek review in accordance with the Wyoming Administrative Procedure Act. In accordance with W.S. 16
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3
‑
112, the review of a decision of the school district shall be before the state superintendent of public instruction.

Section 2.

W.S. 21
‑
3
‑
110(a) by creating a new paragraph (xl) is amended to read:

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xl)

Review and make a written determination whether a transfer of enrollment shall be granted or denied under W.S. 21
‑
4
‑
302.2. The written determination shall be made within ten (10) business days after receiving a request to transfer a pupil to a particular public school under W.S. 21
‑
4
‑
302.2.

Section 3
.

This act is effective July 1, 2023
.

(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