Home school prohibition-parents with convictions.

26LSO-0376
2026
STATE OF WYOMING
26LSO-0376
Numbered
2.0

HOUSE BILL NO. HB0149

Home school prohibition-parents with convictions.

Sponsored by: Representative(s) Provenza, Davis, Larsen, L, Williams and Yin and Senator(s) Cooper, Rothfuss and Schuler

A BILL

for

AN ACT relating to education; providing that a person convicted of certain offenses shall not administer a home-based educational program; establishing limitations on home-based educational programs for persons under investigation for child neglect or abuse; providing penalties; making conforming amendments; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 14
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3
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204(a)(iii)(intro), 21
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4
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101(a)(v), 21
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4
‑
102(b) and 21
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4
‑
103 are amended to read:

14
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3
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204.

Duties of local child protective agency.

(a)

The local child protective agency shall:

(iii)

Within twenty
‑
four (24) hours after notification of a suspected case of child abuse or neglect, initiate an investigation or assessment to verify every report. The representative of the child protective agency shall, at the initial time of contact with the individual subject to a child abuse and neglect investigation or assessment, advise the individual of the specific complaints or allegations made against the individual.
If the child is enrolled in a public school, or a private school as defined by W.S. 21
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4
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101(a)(iii) other than a home
‑
based educational program administered by the individual subject to the investigation or assessment, and the local child protective agency determines it is in the best interest of the child, the representative shall advise the individual that the individual shall not commence administering a home
‑
based educational program during the period of investigation or assessment period as provided by W.S. 21
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4
‑
102(b)(ii) and shall report that advice to the public school or private school where the child is enrolled.
A thorough investigation or assessment and report of child abuse or neglect shall be made in the manner and time prescribed by the state agency pursuant to rules and regulations adopted in accordance with the Wyoming Administrative Procedure Act. If the child protective agency is denied reasonable access to a child by a parent or other persons and the agency deems that the best interest of the child so requires, it shall seek an appropriate court order by ex parte proceedings or other appropriate proceedings to see the child. The child protective agency shall assign a report:

21
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4
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101.

Definitions.

(a)

For the purposes of this article:

(v)

A home
‑
based educational program means a program of educational instruction provided to a child by the child's parent or legal guardian
,
or by a person designated by the parent or legal guardian
, and that is provided in compliance with the requirements of W.S. 21
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4
‑
102(b)
;

21
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4
‑
102.

When attendance required; exemptions; withdrawal.

(b)

A home
‑
based educational program shall meet the requirements of a basic academic educational program pursuant to W.S. 21
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4
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101(a)(vi). It shall be the responsibility of every person administering a home
‑
based educational program to ensure a curriculum is administered to pupils in the program that complies with the requirements of this subsection.
The following shall apply to a person administering a home
‑
based educational program:

(i)

No person shall administer a home
‑
based educational program if the person, or any other person who is living in the home where the home
‑
based educational program is administered, has been convicted of any of the offenses specified under this paragraph within the immediately preceding seven (7) years. For purposes of this paragraph, a person shall be deemed to be convicted of an offense if the person was convicted or pleaded guilty or nolo contendere. This paragraph shall not apply if the conviction was reversed or annulled or the person received a pardon. This paragraph applies to any of the following offenses:

(A)

Any violation of W.S. 6
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2
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201 or 6
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2
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202, if the victim was a minor;

(B)

Any violation of W.S. 6
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2
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314 through 6
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2
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318;

(C)

W.S. 6
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2
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503;

(D)

W.S. 6
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2
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504, if the victim was a minor;

(E)

W.S. 6
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4
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403;

(F)

Any other felony or misdemeanor offense in which the victim was a minor and the conduct constitutes abuse as defined by W.S. 14
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3
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202(a)(ii) or neglect as defined by W.S. 14
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3
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202(a)(vii);

(G)

Any violation of a state or federal law that contains the same or similar elements as the offenses specified in subparagraphs (A) through (F) of this paragraph.

(ii)

No person shall remove a child from enrollment in a public school, or a private school administered by another person, and commence the administration of a home
‑
based educational program for the child during any period that the person is under investigation or assessment for child abuse or neglect if the person was advised not to commence the administration of a home
‑
based educational program as provided by W.S. 14
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3
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204(a)(iii). The person may request a hearing before the office of administrative hearings pursuant to the Wyoming Administrative Procedure Act on the ability of the person to commence administering a home
‑
based educational program under this paragraph. Nothing in this paragraph shall prohibit a person from continuing to administer a home
‑
based education program if the person was administering the home
‑
based educational program prior to the commencement of the investigation or assessment for child abuse or neglect.

21
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4
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103.

Enforcement of article; appointment and compensation of attendance officers.

(a)

Except as otherwise provided in this subsection, t
he primary responsibility for the enforcement of this article shall be upon the board of trustees of the school district, which shall appoint an attendance officer or officers to carry out the provisions of this article. Said officer shall be paid out of the district treasury such sum as may be provided in the order of appointment.
The primary responsibility for the enforcement of W.S. 21
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4
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102(b)(i) and (ii) regarding criminal background and abuse investigations shall be the responsibility of the department of family services or the applicable local law enforcement agency.

(b)

Any person who administers a home
‑
based educational program in violation of W.S. 21
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4
‑
102(b)(i) or who commences the administration of a home
‑
based educational program in violation of W.S. 21
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4
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102(b)(ii) is guilty of a felony punishable by imprisonment for not more than three (3) years, a fine of not more than five thousand dollars ($5,000.00), or both.

Section 2
.

Any person who is administering a home
‑
based educational program on the effective date of this act in violation of W.S. 21
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4
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102(b)(i) shall cease the administration of the home
‑
based educational program not later than July 1, 2026.

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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HB0149