Wyo. Code R. 206 | Wyoming Administrative Rules 206 — Education, Dept. of

55 Children's Trust Fund

Chapter 1 Children's Trust Fund

Wyo. Code R. 206.0001.1.12151994 Children's Trust Fund

Chapter 1

WYOMING CHILDRENS TRUST FUND

Section 1. Purposes. The purposes of these rules are to establish procedures to:

(a) Apply the interest and income from the Trust Fund to benefit as many children as possible,

(b) Provide grants to prevent instances of child abuse, and

Section 2. Authority. These Children's Trust Fund rules are promulgated by the Children's Trust Fund Board, in accordance with W.S. 14-8-101 through 14-8-108.

Section 3. Board.

(a) Each appointed member of the Board shall serve for a term of three (3) years. Terms shall be staggered on a three year cycle.

(b) In the event a Board member is unable to fulfill his/her duties, the Governor shall appoint someone to complete the unexpired term.

(d) The Board shall annually conduct an election of officers, including president and vice-president.

(e) The Board shall establish criteria for grant selection.

Section 4. Eligibility for Grants. Grants may be awarded only to nonprofit or public organizations which submit acceptable proposals.

Section 5. Application Procedure. Application deadlines and procedures shall be widely publicized to facilitate equal access to the funds on the part of all potential grantees.

(a) Applications shall be on forms prescribed by the Board, and received by such date(s) as the Board shall establish.

(b) The application shall include the following:

(1) Name and address of applicant(s);

(2) Description of need for funds;

(3) The manner in which the need will be met;

(4) The dollar amount requested;

(5) Number of persons who will be served;

(6) Whether the costs will be one time or ongoing; and if ongoing, how the program will be funded in the future;

(7) How the proposed grant activities can be expected to lessen the occurrence and reoccurrence of child abuse and neglect;

(8) A plan to reduce the need for government intervention in child abuse and neglect prevention and education, which must be clearly stated in terms of measurable results;

(9) Schedule for project completion of each activity;

(10) A description of the applicant's intended evaluation and accountability procedures;

(11) Three letters of support from local community organizations or agencies;

(12) Certification that the applicant's request does not duplicate or supplant funds available from other sources; and

(13) Any additional information the Board shall require.

Section 6. Grant Award Procedure:

(a) Applications shall be submitted to the Board by the applicant(s) for its review and recommendations. A recommendation of the Board requires a majority vote of a quorum of the Board.

(b) After considering the merits of each application, the Board shall grant the entire request, grant portion of the request, call for additional information, delay action on the request to allow time to investigate and/or determine the applicant's qualifications, or deny the request.

(d) Continuing projects will be considered by the Board and either granted or denied funds prior to consideration of new projects.

Section 7. Use of Trust Fund Logo. Applicant(s) shall use the official Wyoming Children's Trust Fund logo on all materials produced under the grant, and shall give appropriate credit to the Wyoming Children's Trust Fund.

Section 8. Review Procedure. Applicant(s) may request a review of the decision of the Board. A request for review must be submitted to the Board, in writing, within 30 days of the postmarked date on the official notification of the Board's decision. The review shall be considered by the Board at the next regularly scheduled meeting.

Section 9. Reporting.

(a) Within one calendar year of receiving a grant award, each grantee shall submit to the Board a fiscal report, description of the accomplishments, successes and/or failures of the project, and other pertinent information.

(b) Grantees requesting continuation shall include the required reports with their grant application for the ensuing year. The Board shall review continuation proposals and reports and make any applicable recommendations which it believes necessary prior to granting continuation of funds.

History

Effective 1994-12-15

56 General Agency, Board or Commission Rules

Chapter 1 Private School Licensing for Post Secondary Proprietary Schools

Wyo. Code R. 206.0002.1.11021994 Private School Licensing for Post Secondary Proprietary Schools

CHAPTER 1

PRIVATE SCHOOL LICENSING FOR POST SECONDARY PROPRIETARY SCHOOLS

Section 1. Purpose. The purposes of the rules are:

(a) to establish a procedure for the licensing of post secondary proprietary schools,

(b) to establish minimum standards for all post secondary proprietary schools and their agents, and

Section 2. Authority. These rules are promulgated pursuant to W.S. 21-11-101 and 103 and have been adopted by the State Board as authorized by the Wyoming Administrative Procedures Act (W.S. 16-3-101 through 16-3-115).

Section 3. Applicability. These rules shall govern the operation of post secondary proprietary schools operating within the State of Wyoming and outside of Wyoming whose resident agent is soliciting students. These rules do not apply to any parochial, church, or religious schools as defined by W.S.21-4-101 (a)(iv), home-based educational programs as defined by W.S. 21-4-101 (a)(v), aircraft flight training schools approved and authorized by the Federal Aviation Agency of the United States of America, or a school teaching techniques of outdoor recreation, leadership, ecology or conservation domiciled in the State of Wyoming.

Section 4. Amendment of Rules. Any amendments to these rules shall become effective upon filing with the Secretary of State.

Section 5. Definitions:

(a) Administrator means an administrative officer in charge of school unit(s) or operations(s).

(b) Agent means any person owning any interest in, employed by, or representing for remuneration or other consideration a private proprietary school located within or without this state who enrolls or who, in places other than the principal school premises, offers or attempts to secure the enrollment of any person within this state for education in a school.

(d) Commencing Operations means soliciting or attempting to solicit for student enrollment, which includes an out-of-state resident agent making such solicitations of students for entrance into the out-of-state programs.

(e) Course means a subject or a group of subjects organized for instructional and administrative purposes, whether conducted in person, by mail, or by any other method.

(f) Curriculum means a set of courses offered in logical sequence of such nature and quality to reasonably assure that the students will develop the job skills and knowledge necessary for obtaining employment in the occupational area for which the instruction is offered.

(g) Full Time Equivalent (FTE) means that students attending short term academic training, such as real estate schools, income tax preparation schools, etc., may be evaluated in terms of total instructional hours, for bonding purposes. The Department of Education will determine the number of instructional hours equal to one Full Time Equivalent (FTE).

(h) License means a non-transferable certificate issued by the State Department to private school located within this state or located outside the state, but whose agent solicits students from within the state in the name of such school, which permits the school to solicit, offer, and maintain course(s) of instruction or study in compliance with the provisions of the Act and the rules and regulations of the State Board promulgated pursuant to the Act.

(i) Post Secondary Proprietary School means any business enterprise operated either for a profit or for nonprofit which maintains a place of business within this state, and which offers or maintains a course(s) of instructions or study, or at which place of business such course(s) of instruction or study, correspondence, or any combination of these to a person(s) for the purpose of training or preparing such person(s) for a field of endeavor.

Included in the definition is any business enterprise incorporated or unincorporated operating for profit or nonprofit which maintains a place of business outside of this state but whose agent solicits students from within this state or which offers or maintains a course(s) of instruction or study, or at which place of business such course(s) of instruction or study is available through classroom instruction, laboratory study, correspondence or combination of these to persons for the purpose of training or preparing such persons for a field of endeavor.

(i) The definition of post secondary proprietary school shall not include the following:

(A) a course(s) of instruction or study sponsored by an employer for training and preparation for his own employees.

(B) conferences, workshops, institutes or courses of study sponsored either jointly or independently by recognized trade, business, or professional organizations, government agencies or political subdivisions for the benefit of the members of such organizations.

(C) a school which is regulated and licensed pursuant to an act of the Wyoming Legislature governing specific trades or professions.

(D) any school, college, university, or other institution offering any post secondary degree. (Institutions of Higher Learning are addressed in Chapter 30 of the Wyoming Department of Education Rules and Regulations).

(j) Standards where not otherwise defined in context means the standard or directives established or used by the State Board to implement and clarify these rules.

(k) State Board means Wyoming State Board of Education.

(l) State Department means Wyoming Department of Education.

(m) Subject means units of learning into which a course is divided.

Section 6. Granting, Refusing, or Revoking Licenses. Denial, suspension, or revocation of a license may occur when it is found that a school has failed to comply with Wyoming Private Proprietary School Licensing statutes and the Post Secondary Proprietary School Licensing rules adopted by the State Board. Such action will be governed by the Wyoming Administrative Procedures Act (W.S. 16-3-101 through 16-3-115).

Section 7. Licensing Application Procedure. Application for a license shall be made to the State Department. NOTE: The Wyoming Secretary of State will not issue or renew corporate registration without prior licensure by the State Department. The application shall be accompanied by a certified check or money order made payable to the State Department in the amount of two hundred dollars ($200.00) for the school license and one hundred dollars ($100.00) for each agent. In addition to the fee the applicant must submit the following:

(a) A performance bond to be approved by the Attorney General. (This bond must be on a form prescribed by the State Department and shall be in the amount of ten thousand dollars ($10,000.00) for schools with an annual enrollment of ten (10) students or less, twentyfive thousand ($25,000.00) for schools with an annual enrollment of eleven (11) to twenty (20) students, and fifty thousand ($50,000.00) for schools with an annual enrollment in excess of twenty (20) students. Enrollment shall be based on Full Time Equivalents (FTE). Such bond shall be renewed on a yearly basis thereafter as long as the school retains its license to do business in Wyoming. Licenses issued to a post secondary proprietary school or agent shall be valid commencing with July 1 of the year issued and ending June 30 of the following year. The State Department will be custodian of all bonds and may render administrative assistance, but not legal assistance, to all aggrieved persons who may be entitled to relief under the bond.

(b) A copy of each enrollment contract form.

(d) A copy of the refund schedule.

(e) A copy of a course outline for each course to be conducted.

(f) A copy of a graduation diploma/certificate for each course offered.

(g) A copy of attendance record form.

(h) A copy of all school catalogs, bulletins and other published materials, advertising, and circulars.

(i) A completed personnel data form for each director, supervisor, instructor, teacher, and agent.

Section 8. Renewal of a License. An application for the renewal of a license and/or agents permit shall be submitted by July 1 of each year on forms prescribed by the State Department and accompanied by resubmission of updated versions of all items in 7 above.

Section 9. Minimum Standards. No post secondary proprietary school as defined by W.S. 21- 11-101(a), or proprietor thereof, shall solicit students, do business in, or operate in Wyoming without first obtaining a private school license. A license will be granted when it has been determined by the State Department that the Institution is in compliance with the following minimum standards:

(a) Any school licensed by the State Department shall conduct only those courses which are listed on the licensing application documents. Any significant changes in course content must be reported by letter to the State Department within thirty (30) days after such changes have been made.

(b) There is in the school adequate space, equipment, instructional material, and instructional personnel to provide academic instruction commensurate with course offerings.

(c) The education and experience qualifications of administrative and instructional staff are such as will insure that students will receive educational services consistent with the 1-4 stated objectives for which the educational services were offered.

(d) The school has submitted a copy of all course outlines, a schedule of tuition, fees, and other charges, regulations pertaining to absences, a grading system, and rules of operation and conduct furnished each person upon enrollment. Standards of progress for all post secondary proprietary schools licensed by the State Department will define the minimum grades considered satisfactory, conditions for interruption due to unsatisfactory progress, a description of the probationary period if any, and conditions for reentrance for those students dismissed for unsatisfactory progress.

(e) Upon completion of education, the student is awarded a certified diploma/certificate by the school indicating the education was satisfactorily completed.

(f) Adequate records are kept to show attendance, progress or grades, and satisfactory standards relating to attendance, progress and conduct are enforced. The records and accounts of post secondary proprietary schools licensed by the State Department that pertain to student enrollment and progress will be kept in good account and retained as permanent records.

(g) The school complies with all local, city, county, state, and federal regulations pertaining to said school. No post secondary proprietary school should deny enrollment to any prospective student, or make any distinction or classification of students because of race, creed, color, sex, or national origin.

(h) The school does not utilize advertising which tends to mislead students or falsify information regarding job placement or accreditation by the state. If a school wishes to refer to the fact that it is licensed in the State of Wyoming, it shall refer to that fact only in the following phraseology: Licensed by the State of Wyoming as a post secondary proprietary school under W.S. 21-11-101 through 21-11-107.

(i) The schools administrators, directors, owners and instructors are persons who have not been convicted of fraud, moral turpitude, or other felonies, nor participated in behavior which lead to revocation of the schools license in another state or country.

(j) The school has and maintains a policy for the refund of the unused portion of tuition, fees, and other charges in the event the student fails to enter the course or withdraws or is discontinued there from at any time prior to completion.

Section 10. Refund Policy. All post secondary proprietary schools licensed by the State Department will utilize a refund policy that parallels the refund policy recognized by the United States Department of Education.

History

Effective 1994-11-02

Chapter 2 Rules for Minimum Standards for Wyoming Student Transportation Vehicles

Wyo. Code R. 206.0002.2.10052021 § 1 Authority

These rules are promulgated by the State Superintendent pursuant to the authority granted by Wyoming Statute 31-5-118(a).

History

Effective 2021-10-05

Wyo. Code R. 206.0002.2.10052021 § 2 General

(a) Standards for Wyoming student transportation vehicles are defined by the specifications found in the National School Transportation Specifications and Procedures (NSTSP) published by the National Congress on School Transportation, which are incorporated into this chapter by reference. In doing so, the Superintendent and Wyoming Department of Education find as follows:

(i) Incorporating the text of the NSTSP would be cumbersome and inefficient given the length and nature of the publication;

(ii) The referenced incorporation means the edition of the NSTSP adopted by the National Congress on School Transportation that is in effect at the time an order for a student transportation vehicle is placed; and

(iii) Furthermore, the incorporation is limited to the text of the NSTSP that applies to school bus equipment specifications; specially equipped school bus specifications; and alternative fuels.

(b) This document specifies Wyoming student transportation vehicle minimum standards which modify or supplement the NSTSP. In addition to these standards, all Wyoming student transportation vehicles shall comply with applicable Federal Motor Vehicle Safety Standards (FMVSS) and other state and federal standards applicable to school buses and multipurpose passenger vehicles (MPV) on the date of manufacture.

History

Effective 2021-10-05

Wyo. Code R. 206.0002.2.10052021 § 3 Definitions

(a) "School bus" means as defined in W.S. 31-5-102(a)(xlii).

(i) "Type ‘A' school bus" means a conversion school bus with a cutaway front-section vehicle with a left side driver's door and with a gross vehicle weight rating (GVWR) of less than or equal to 21,500 pounds.

(ii) "Type ‘C' school bus" means a school bus with a chassis with a hood and front fender assembly. The entrance door is behind the front wheels; also known as a conventional school bus. This type also includes cutaway truck chassis or truck chassis with cab with or without a left side door and a GVWR greater than 21,500 pounds.

(iii) "Type ‘D' school bus" means a school bus with a stripped chassis. The entrance door is ahead of the front wheels; also known as rear or front engine transit style school bus.

(b) "Specially equipped" means a school bus designed, equipped or modified to accommodate students with special needs.

(c) "Multipurpose Passenger Vehicle" means a motor vehicle built on a truck chassis with seven to ten passenger positions (including the driver) that cannot be certified as a school bus pursuant to 49 CFR §571.

History

Effective 2021-10-05

Wyo. Code R. 206.0002.2.10052021 § 4 School Bus Body and Chassis Specifications

(a) All emergency exit doors shall be accessible by a 12-inch minimum aisle. The aisle shall be unobstructed at all times. The track of a track seating system is exempt from this requirement.

(b) All Type A school buses shall be equipped with hydraulic brakes.

(d) The following applies to school bus doors:

(i) The entrance door shall be equipped with a power opener under the driver's control.

(ii) There shall be no door to the left of the driver on Type C or D school buses. Type A school buses may be equipped with a chassis manufacturer's standard door to the driver's left.

(e) Type C school buses shall have three Group 31 maintenance-free batteries and Type D school buses shall have two 8D maintenance-free batteries.

(f) In addition to the fire extinguisher located in the driver's compartment, school buses with capacity greater than 56 passengers shall be equipped with a second fire extinguisher mounted in the rear of the bus and readily accessible to the driver and passengers.

(g) School buses shall have removable, moisture-proof and dust-proof first aid kits in a sealed metal box in an accessible place in the driver's compartment. They shall be mounted and identified as first aid kits. A first aid kit's location shall be marked.

(h) Each school bus shall have a removable and moisture-proof body fluid clean-up kit in a sealed metal box accessible to the driver.

(i) In addition to the emergency door and push-out rear window requirements of FMVSS 217, all school buses shall be equipped with emergency exits as follows for the indicated school bus capacities:

(i) One through 45 passengers: one emergency exit per side and one roof hatch.

(ii) 46 to 78 passengers: two emergency exits per side and two roof hatches.

(j) All diesel fuel systems shall be equipped with a fuel heater or heated fuel-water separator.

(k) Floor insulation shall be treated, five-ply softwood plywood, nominal 5/8-inch thickness, and shall be equal to or exceed properties of the exterior-type, C-D Grade, as specified in the standard issued by U.S. Department of Commerce.

(l) The interior of the school bus shall be free of all unnecessary projections. All school buses shall be equipped with inner lining on ceilings and walls. If the ceiling is constructed with lap joints, the forward panel shall be lapped by rear panel and exposed edges shall be beaded, hemmed, flanged, or otherwise treated to minimize sharp edges. School buses may be equipped with an external storage compartment for tools or tire chains.

(m) Interior parcel racks may be provided above side windows within range from front seat to rear seat and be free of projections; shall have a padded perimeter at emergency exit doors; and may be tubular or solid bottom.

(n) School buses shall be equipped with two alternately flashing red warning lamps at the rear of the vehicle and two at the front of the vehicle. The alternately flashing red warning lamps shall be visible at five hundred (500) feet in normal sunlight.

(o) Four alternately flashing amber warning lamps shall be installed so that one is located near each alternately flashing red warning lamp, at the same level, but closer to the vertical centerline of the bus. The alternately flashing amber warning lamps shall be visible at five hundred (500) feet in normal sunlight.

(p) The background surrounding the alternately flashing warning lamps shall be black in color and extend outward approximately 3 inches.

(q) School buses shall not be equipped with hitch receivers or other equipment that enable towing.

(r) School buses shall not be equipped with flip seats.

(s) Dual rear tires shall be provided on all school buses.

(t) Sanders may not be installed on any school buses.

(u) Wheelhousing shall be equipped with molded fender extensions and rubber mud flaps.

(v) The driver's window, the first window on the left, the first window after the entrance door, and door windows shall be approved thermal-pane safety glass. The driver's window on Type A school buses may be the manufacturer's standard.

(w) Tinted and/or frost-free glazing may be installed in all doors or windows, consistent with federal and state regulations.

(x) The following specifications will apply to all school buses sold to school districts within Wyoming:

(i) Model year must be newest available.

(ii) Mileage 3,000 or less.

(iii) Brakes - largest available for axles, air disc brakes with ABS as available.

(iv) Cooling system - heavy duty, maximum capacity available - delivered with long life or extended life coolant that provides protection to -34°.

(v) Fuel tank - largest tank available.

(vi) High idle and cruise control - both must be provided.

(vii) Audio system - AM/FM/PA radio system, factory installed - minimum of one exterior speaker and appropriately spaced interior speakers.

(viii) Back up camera - with rearview mirror monitor or dash-mounted monitor.

(ix) Battery compartment - heavy-duty, bearing-type slide tray capable of accommodating the batteries.

(x) Child check system - must be provided.

(xi) Crossing control arm - must be provided.

(xii) Driver seat - high back, fabric insert with two armrests and air suspension.

(xiii) Lighting (exterior) - stop, tail, tum, marker, and loading lights must be LED.

(xiv) Mirrors (exterior) - must be heated and power controlled.

(xv) Padding below windows must be provided.

(xvi) Passenger seats - must be three-point, lap/shoulder belt variety.

(xvii) Rear airfoil - must be provided.

(xviii) Roof must be painted white.

(xix) Stop signal device - must be electrically operated with flashing LED lights and locking mechanism.

(xx) Vandal locks - must be provided - student door must be able to be secured (locked electronically) or with a key.

(xxi) Strobe light must be provided.

(xxii) Visors - dark, Plexiglas visors must be installed over the driver's side window and the driver's windshield area.

(xxiii) Owner/Operator manual - must be provided at the time the vehicle is delivered.

(xxiv) Warranty - detailed manufacturer and OEM (for components not having a manufacturer warranty) warranty information must be provided at time of bid.

(xxv) Final prices should include freight, delivery and document fees.

(xxvi) Delivery to multiple State of Wyoming School District locations.

(xxvii) A notarized itemized invoice or copy of the factory line setting ticket showing all factory options as ordered by dealers.

(y) The following minimum specifications will apply to the specific bus configurations sold to school districts within Wyoming:

Type A (I)

Type A (II)

Type C

Type D

Gross Vehicle Weight Rating (GVWR) of 12,300 lbs.

Gross Vehicle Weight Rating (GVWR) of 14,500 lbs. or less

Gross Vehicle Weight Rating (GVWR) of 21,500 lbs. or greater

Rear Engine - diesel/CNG Cummins L9 300 hp @ 860 ft. lbs. torque or equivalent

Engine - Gas - 6.0 L minimum

Engine - diesel Cummins ISB 6.7 L 250 hp @ 660 ft. lbs. torque or equivalent.

Engine - gas/propane - Ford 7.3 L V8 minimum or equivalent

Front Engine - diesel - Cummins ISB 6.7L 250 hp @ 660 ft. lbs. torque or equivalent

Transmission - electronically controlled 4 speed (minimum) with manufacturer's auxiliary cooler

Allison 3000 transmission or Equivalent.

Gas/Propane Engine minimum - Ford 6R140 6-speed automatic or equivalent

Allison 3000 transmission or equivalent

Type A (I)

Type A (II)

Type C

Type D

Auxiliary power outlet (if applicable)- 12v power outlet

Engine heater (diesel) - engine manufacturer's recommended block heater, factory installed - body plug on bumper

Alternator - 270 Amp Minimum

Hinged engine compartment hood

Tilt hood with noise suppression features

Engine heater - engine manufacturer's recommended block heater, factory installed - body plug on bumper

Auxiliary Fan - One 6" minimum mounted on the right windshield area

Air dryer - heated air dryer with spin-off replaceable cartridge

Automatic tire chains

Hour meter - mounted in dash panel

Interior parcel rack

Rear suspension - air-ride

Second heated step

Auxiliary power outlet - 12v power outlet must be provided

Tinted windows

Auxiliary fans - two, 6" minimum - mounted on left and right windshield area

Specially Equipped Package (Must include full tracking and full cabin A/C)

Type A (I)

Type A (II)

Type C

Type D

Alternator - 200 Amp Minimum

Engine Brake/Exhaust/ Transmission Retarder

Engine Brake/Exhaust Retarder

45,000 BTU Auxiliary Heater (if applicable)

Interior parcel rack

Second heated step

Tinted windows

Underbus storage

Automatic tire chains

History

Effective 2021-10-05

Wyo. Code R. 206.0002.2.10052021 § 5 Multipurpose Passenger Vehicles

The following shall apply to all multipurpose passenger vehicles:

(a) The body shall be a closed integral type.

(b) The wheelbase shall be one hundred (100) inches or more.

(i) At least one Underwriters' Laboratory (UL)-approved pressurized, dry chemical fire extinguisher.

(ii) A first aid kit meeting the same specifications as required for school buses.

(iii) A body fluid clean-up kit meeting the same specifications as required for school buses.

(d) The vehicle shall contain at least three (3) reflectorized triangle road-warning devices.

(e) The vehicle's color shall not be National School Bus Yellow.

(f) The vehicle may be equipped with the capability to tow, but shall not be used to tow while transporting students.

History

Effective 2021-10-05

Chapter 3 Rules of Practice and Procedure

Wyo. Code R. 206.0002.3.04052023 § 1 Authority

These rules are promulgated by the Wyoming Department of Education and the State Board of Education under the authority of W.S. §§ 16-3-106, 21-2- 202(d), 21-2-204(d)(vi), 21-2-304(a)(i), 16-3-103(j), and 21-2-402(d).

History

Effective 2023-04-05

Wyo. Code R. 206.0002.3.04052023 § 2 Contested Case Hearings

(a) Contested cases shall be conducted pursuant to the Office of Administrative Hearings rules, Chapter 2, Contested Case Proceedings ("Uniform Rules"), which are incorporated into this chapter by reference. In doing so, the Superintendent and Board find as follows:

(i) Incorporating the full text of the Uniform Rules would be cumbersome and inefficient given the length and nature of the rules;

(ii) The incorporation is limited to the Uniform Rules adopted by the Office of Administrative Hearings and effective July 20, 2017, and shall not include any later editions of or amendments to the Uniform Rules;

(iii) Copies of the Uniform Rules are available to the public at the Wyoming Department of Education offices at 122 West 25th Street, E200, Cheyenne, Wyoming 82002.

(iv) An electronic copy of the Uniform Rules is available at the following

web address:

https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxvYWh8Z3g6 MzYzM2VmNTk3Y2NlZmI3Mg.

(b) Where a contested case hearing is required by law, an aggrieved person may file a request according to the Uniform Rules § 5(a) with the Superintendent or the Board, as applicable, within thirty (30) days of the date of the administrative decision at issue or the date of mailing of the administrative decision as evidenced by a postmark, whichever is later.

(c) The request for a hearing shall be served on the Superintendent or Board and other necessary parties. Service shall be made to the Wyoming Department of Education, 122 West 25th Street, E200, Cheyenne, Wyoming 82002. Service may be made in person or by mail.

(d) A request for a contested case hearing shall include the following:

(i) The name, telephone number, and mailing address of the person requesting a hearing and the same information for the representing attorney;

(ii) A statement in ordinary and concise language of the facts and of the errors alleged to have been committed and issues that the petition is based on, including particular reference to statutory sections, contract provisions or rules, regulations, and orders involved;

(iii) A copy of the decision or relevant material that relates to the decision at issue;

(iv) The specific relief sought; and

(v) The signature of the petitioner and the representing attorney.

(e) The notice of hearing required under the Uniform Rules § 5(b) shall be served on each party at least thirty (30) days before the hearing date unless an expedited hearing is otherwise required by law. In that event, parties shall be served the notice of hearing as soon as practicable.

(f) The Superintendent or Board, as applicable, may appoint a hearing officer to conduct the contested case and may request that the hearing officer issue a recommended decision.

(g) If a recommended decision is requested, the recommended decision and proposed order shall be submitted to the Superintendent or Board, as applicable, no later than thirty (30) days after the end of the contested case hearing.

(h) The Superintendent or Board, as applicable, shall make and enter a written decision and order containing findings of fact and conclusions of law.

(i) The written decision issued by the Superintendent or Board shall be the final agency action and be subject to judicial review under W.S. § 16-3-114.

History

Effective 2023-04-05

Wyo. Code R. 206.0002.3.04052023 § 3 Informal Review of School Performance Ratings

(a) The Department shall provide preliminary annual performance ratings to districts for schools within those districts. Before the ratings are final, the schools shall review the ratings and the underlying calculations. Districts may suggest corrections to the Department within fourteen (14) days. Ratings become final on the fifteenth (15) day.

(b) Districts may file a request for informal review in a form and manner prescribed by the Department. The request shall include all relevant documents. The request shall state the basis for changing a school's performance rating. The basis for an informal review shall be limited to the following:

(i) To examine whether the Department improperly computed and reported the school's overall performance rating, including indicator-level performance, or

(ii) To examine whether the school was unable to administer the statewide assessment for good cause.

(c) When it receives the complete informal review request from a district, the Department shall review the documentation. A complete informal review request shall include:

(i) The name, telephone number, mailing address, and email address of the district superintendent and school principal seeking review; and

(ii) The specific reason for the review request, including data, facts, and evidence to support the review.

(d) If the review request is complete, the Department shall notify the district to that effect. If initial documents submitted do not constitute a complete request, the Department shall notify the district of the reason for the deficiencies. No request or related documentation may be submitted after notification from the Department that the request is complete or fifteen (15) days after the ratings are final, whichever is later.

(e) The Department shall submit a recommendation of either maintaining or amending a school's performance rating and the reasons for the recommendation to the Board not later than fourteen (14) days after the request for informal review is complete. The Department shall serve the recommendation on the district at the same time that it is submitted to the State Board.

(f) The Board shall hear the district's request for informal review no later than thirty

days after the request is complete. The Board shall notify the Department and the district of the date, time, and location of the meeting in which the Board will consider the request for review.

(i) The district shall be allotted thirty (30) minutes to address the Board. The district may reserve a portion of its time for rebuttal.

(ii) The Department shall be allotted thirty (30) minutes to address the

Board.

(iii) No additional documentation may be submitted at the meeting.

(iv) Presentations shall be limited to the basis raised by the district in its request for informal review.

(v) Districts may waive appearance before the Board and rely on the written documents already submitted. If a district waives appearance, it shall notify the Department no later than seven (7) days before the meeting. If a district waives appearance, the Department shall not be permitted to address the Board on the subject of that school's performance rating.

(g) The Board may deliberate and render a decision at the meeting in which it heard presentations by the district and the Department.

(h) The Board decision is the final agency action subject to judicial review under W.S. 16-3-114.

(i) Data maintained by the Department used to calculate performance level ratings shall not be subject to review under these rules.

History

Effective 2023-04-05

Wyo. Code R. 206.0002.3.04052023 § 4 Petition of Education Rules

(a) A petition to promulgate, amend, or repeal Education rules shall be submitted to the Wyoming Department of Education, 122 West 25th Street, E200, Cheyenne, Wyoming, 82002.

(b) The agency rules liaison shall provide a petition to promulgate, amend, or repeal education rules to all appropriate Department or Board staff within thirty (30) calendar days of receiving a complete petition.

(i) The name, telephone number, mailing address, and email address of the petitioner;

(ii) Applicable legal authority supporting the petition, if any;

(iii) A description of the change the petitioner requests. The petitioner shall include the specific reason for the petition and contain data, facts, and evidence to support the request.

(d) A complete petition shall be processed by the Department or Board as soon as practicable. They may request additional information from the petitioner.

(e) The Board or Department shall notify the petitioner of any public meetings related to the petitioner's request.

History

Effective 2023-04-05

Wyo. Code R. 206.0002.3.04052023 § 5 Adoption of Uniform Public Records Rules

. The Wyoming Department of Education hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxvYWh8Z3g6 MzYzM2VmNTk3Y2NlZmI3Mg

(b) For these rules incorporated by reference:

(i) The Wyoming Department of Education has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Wyoming Department of Education's office and are available for public inspection and copying at the same location.

History

Effective 2023-04-05

Chapter 6 District and School Accreditation

Wyo. Code R. 206.0002.6.07152021 § 1 Authority

These rules are promulgated by the Wyoming State Board of Education and the Wyoming Department of Education under the authority of Wyoming Statute 21-2-304(a)(i), W.S. 21-2-202(a)(i), and W.S. 21-2-202(c).

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 2 Purpose

These rules establish the state accreditation requirements for all Wyoming schools and districts.

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 3 Definitions

(a) "Accountability" means the system of school performance ratings established by the Wyoming Accountability in Education Act.

(b) "Accountability Framework" means the Wyoming Comprehensive Accountability Framework: Phase 1. National Center for the Improvement of Educational Assessment. (January 31, 2012).

(c) "Accreditation" means a process by which each district annually self-reports and is monitored by the state in order to assure compliance with statutes that are intended to improve student learning and ensure equity of opportunity to learn.

(d) "Accreditation Criteria" means the requirements established in this chapter that all districts and the schools governed by these districts must meet, as applicable, to be accredited by the State Board.

(e) "Annual Accreditation Report" means a required document with attestations and links to documents submitted annually to the Department by districts that verifies adherence to the accreditation criteria.

(f) "Compliance" means meeting or adhering to the requirements of statutes and regulations.

(g) "Discrete School Performance Rating" means a distinct school performance rating calculated for the year, not held over from the previous year due to the inability of the department to determine a current school performance rating because of unforeseen circumstances.

(h) "Evidence" means annual reports, documents, web sites, data, surveys, and other artifacts used to verify adherence to the accreditation criteria.

(i) "Instructional Core" means an education model that illustrates the relationship between the teacher, the content, and active learning or student engagement.

(j) "Improvement Plan" means a document that includes goals and strategies to meet performance objectives.

(k) "Institutional School" Any educational program located in state funded institutions which provides educational services to school age students who are assigned by state law to such institutions in accordance with W.S. 25-1-201.

(l) "Proprietary" means a process or product that is used, produced, or marketed under exclusive legal right of any business, agency, or non-profit organization.

(m) "Statewide System of Support" means state and district assistance intended to increase school performance in accordance with W.S. 21-2-204(h).

(n) "Verification" means confirmation that all Wyoming districts and the schools governed by these districts have met the Wyoming accreditation criteria.

(o) "Wyoming Accountability in Education Act" (WAEA) means the Wyoming school accountability system established by W.S. 21-2-204.

(p) "Wyoming High School Activities Association" (WHSAA) means an organization that promotes, coordinates, and controls interscholastic activities in Wyoming.

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 4 Accreditation in General

The State Board shall accredit Wyoming districts and the schools governed by these districts based on adherence to all applicable laws, rules, and regulations, upon the recommendation of the Department.

(a) The process for accreditation of Wyoming districts and the schools governed by these districts shall include:

(i) Attestation through an accreditation report submitted to the Department by November 1 annually by the district superintendent that the district and all schools governed by the district meet the accreditation criteria.

(ii) Annual verification of district compliance with all applicable laws, rules, and regulations through review of documents, data and other evidence by the Department aligned to the accreditation criteria.

(iii) A review of the District Assessment System (DAS) every five years by the Department.

(iv) The accreditation status of the district or individual schools may be lowered by the State Board based on school performance as measured by the Wyoming Accountability in Education Act in accordance with Section 7 of this chapter.

(b) All documents and data submitted to the Department, as well as other Department verification processes, shall be considered as evidence for accreditation to reduce duplicative reporting requirements.

(c) Findings of noncompliance shall be reviewed with district superintendents annually by March 1. District superintendents shall be given until May 1 to satisfactorily address the findings without negatively impacting the accreditation level of the district or any school governed by the district.

(d) The Department shall annually make an accreditation recommendation to the State Board for all Wyoming districts and the schools governed by these districts.

(e) The duration of accreditation shall be for one year, from July 1 to the following year on June 30.

(f) The accreditation level shall be the accreditation level for the next year unless an exception is granted by the State Board.

(g) The Department shall maintain a list of Wyoming districts and schools that are accredited by the State Board on the Department website.

(h) No Wyoming district or the schools governed by a district shall, as a condition for state accreditation, be required to participate in any proprietary continuous improvement or school improvement process provided by the Department beyond that required by the System of Support per W.S.21-2-204(h) or through Federal regulations.

(i) Each district will host an on-site external review of the district and schools within the district at least once every five (5) years with the purpose of reviewing selected accreditation criteria, including the district assessment system. This includes a review of the assessment system by the Department, and may include a review of other aspects of the district system by the Department, or an external systems review by a Department-approved third-party vendor.

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 5 Accreditation Criteria

The accreditation criteria and the aligned indicators summarize the requirements for Wyoming districts and schools governed by Wyoming districts.

(a) District Board. Oversight and governance for the district is provided by an elected board of trustees that determines the district purpose and goals, operates in an ethical manner, maintains up-to-date, publicly available policies and documents, and employs and evaluates a superintendent who serves as the chief administrator for the district.

(i) Board Members and Operations. An elected board provides oversight and governance for the district, establishes district policy, operates within established board duties, and adheres to a code of conduct and a code of ethics.

(ii) District Purpose and Goals. The board develops a widely shared purpose and goals, or strategic plan for the district that conveys high expectations for learning for all staff and students and is focused on improving the instructional core.

(iii) District Superintendent. A hired superintendent serves as the chief administrative officer, and implements district procedures in a cohesive manner consistent with statute, board policies, and the district strategic plan. The superintendent is evaluated by the District Board.

(b) District Leadership. District administrators, including principals, manage district operations and provide instructional guidance. District administrators are evaluated in a manner consistent with Wyoming statute and regulations. The district superintendent or their representative provides assistance with school improvement planning and resource allocation for schools that need improvement.

(i) District and School Accreditation. District and school leaders annually self-evaluate to ensure the district and all schools within the district meet all applicable Wyoming accreditation criteria and the aligned requirements of statute.

(ii) District Leader Evaluation. District and school leaders are evaluated by the district superintendent in a manner consistent with statute and board policy. This includes annual submission of a review of the district leader evaluation system for districts with schools that are partially meeting and not meeting expectations per W.S. 21-2-204(h)(v) & (vi).

(iii) School Improvement Representative. The district superintendent or a designated representative provides assistance with improvement planning, and resource allocation, and may review implementation of the district assessment system, for schools identified as in need of improvement through the Wyoming accountability system.

(c) School Leadership. Principals provide administrative management and instructional leadership, including the evaluation of teachers and other instructional staff in accordance with Wyoming regulations, for the school(s) to which they are assigned.

(i) Principal Roles and Responsibilities. The district defines the roles and responsibilities of principals, including establishing a positive culture, instructional leadership, and school administration.

(ii) Teacher Evaluation. Teachers are evaluated by principals in a manner consistent with statute and board policy.

(d) Stakeholder Communication and Input. The district and all schools within the district communicate with and solicit input and feedback from stakeholders, and use the input to improve district and school processes.

(e) Employment and Certification. All personnel are hired and evaluated in accordance with Wyoming statute and district policies.

(i) Teacher Employment. District employment policies and practices ensure that quality applicants are hired for all instructional positions.

(ii) Certification and Assignment. All personnel that require certification have a current or pending certificate issued by the Wyoming Professional Teaching Standards Board (PTSB) or the applicable Wyoming state licensing board, and their assignment is consistent with their area of endorsement.

(A) All classes, regardless of delivery method (e.g., on-site, virtual, technology-based, independent study), are taught by a Wyoming PTSB certified teacher.

(B) Coaches are certified in accordance with Wyoming PTSB guidelines prior to the start of the season.

(iii) Education Support Personnel. Education support personnel are employed in a manner consistent with district policy that ensures qualified support staff.

(iv) Compliance Training. District personnel receive compliance training as required by statute.

(f) Professional Development. The district professional development plan is designed to increase the capacity, collaboration, and collective efficacy of instructional staff and leaders to improve the instructional core. Professional development is regularly conducted, is relevant to daily work and content areas, and involves active work among colleagues.

(g) State Assessment and Accountability. All schools in the district administer Wyoming statewide assessments and receive a school performance rating annually in accordance with the Wyoming Accountability in Education Act (WAEA).

(h) School Improvement and Support. Schools identified as partially meeting or not meeting expectations assess needs using WAEA indicator data, write improvement goals aligned with the applicable WAEA indicators, develop improvement plans that are annually approved by the district and submitted to the Department, and participate in the Statewide System of Support.

(i) Data Review/Needs Assessment. Results from the Wyoming accountability system as well as other data are used to identify school improvement goals and priorities. The district school improvement representative ensures that the school improvement planning process used by all schools required to complete improvement plans meets the requirements of W.S.21-2-204(h) and, as applicable, Federal statute.

(ii) School Improvement Plans. School improvement plans are written, submitted to the district and the Department, posted on the school or district web site, implemented, and routinely updated by school leaders and staff for schools designated as in need of improvement.

(iii) Small School Improvement Plans. Schools that do not have at least ten students on at least two WAEA indicators will annually submit an improvement plan to the Department that includes strategies to improve student achievement, growth, and equity.

(iv) Statewide System of Support. Leadership teams for schools designated as priority schools by the Department participate in the system of support in accordance with statute.

(i) Programs, Standards, and Curriculum. Educational programs in the district are sufficient for all students to meet the uniform Wyoming Content and Performance Standards in all content areas.

(i) Education Programs and Standards. The curriculum in all content areas is aligned to and inclusive of the Wyoming Content and Performance Standards.

(ii) Math and Literacy Focus. Math and literacy are a high priority in the elementary grades.

(iii) College and Career Preparation. Coursework and guidance is provided to prepare students for college, career, and successful citizenship.

(iv) Other Curricular Requirements. The district curriculum addresses other curricular requirements included in Wyoming statute.

(j) District Assessment System. Through a balanced student assessment system, the district verifies that Wyoming Content and Performance Standards are taught and assessed in all content areas in accordance with State Board of Education requirements. Assessment results are used to set goals, make instructional decisions and monitor student progress. The assessment system is continuously refined and updated by the district, and is formally reviewed every five years by the Department. The implementation of the district assessment system may be reviewed more frequently by the Department or the district school improvement representative for schools that are partially meeting or not meeting expectations.

(k) Instructional Methods. The district has implemented a coherent instructional system and a shared instructional process or framework that defines high leverage teaching methods instructional staff use to engage students in the subject matter in all content areas across the district.

(i) District Instructional System. The district has a coherent approach, model, or system for aligning curriculum, assessment, instruction, learning support and other aspects of the instructional program.

(ii) Instructional Framework. The district has identified high leverage instructional strategies, intended to increase student engagement and active learning that should be observed in all classrooms across the district.

(iii) Teacher Expertise. Individual teacher professional growth is focused on the development of instructional expertise specific to the grade level or content area.

(l) Learning Supports. Assessment results are used to monitor student progress and assign students in need of intervention to multi-tiered supports. The district is in compliance with all State and Federal Special Education laws. The district addresses the individual learning needs of English learners.

(i) Student Learning Support. Individual student needs are addressed through a structured process that includes interventions and enrichment for all students (e.g., Response to Intervention or Multi-Tiered System of Support).

(ii) Reading Assessment and Intervention. The district reading assessment and intervention plan includes multi-tiered supports, a screening program, progress monitoring, individual student reading plans, and individual school plans in accordance with W.S. 21-3-401.

(iii) Students with Disabilities. Specialized staff, differentiated instruction, and evidence-based interventions are provided for Students with Disabilities in accordance with Wyoming and Federal statute.

(iv) English Learners. The district provides support by qualified staff to address language barriers for English learners.

(v) Gifted and Talented. The district offers instruction that addresses the individual learning needs of gifted students.

(vi) Student Support Services. The district offers additional student supports including guidance counseling and social services, and instruction for hospitalized and homebound students.

(vii) Family Engagement. The district has adopted and implemented strategies to engage families at all levels in their children's learning.

(m) At-Risk and Dropout Prevention. The district has an early warning system to identify at-risk students, and has implemented dropout prevention strategies.

(i) Early Warning Systems. The district has data systems in place to monitor factors that are early predictors of dropout.

(ii) Compulsory Attendance. The district and all schools monitor student absenteeism and intervene as soon as a student becomes chronically absent.

(n) School Culture, Climate, and Safety. The district has a plan for promoting positive school culture and learning environments that are safe, orderly, and conducive to learning for all students.

(i) School Culture and Climate. The culture and climate in all schools is designed to ensure positive relationships and decrease harassment, intimidation, hazing, and bullying.

(ii) School Safety. All schools use multiple strategies to ensure the physical safety of students. These are defined in a district crisis management plan.

(o) Student Activities. Students are encouraged to participate in activities, clubs, organizations, field trips, and school-sponsored events that extend learning beyond the classroom. WHSAA sanctioned activities and athletics are made available to all high school-age individuals that reside in the district.

(p) High School Graduation. High school graduates satisfactorily complete coursework that meets or exceeds the minimum requirements established by the State Board.

(q) Technology and Media. District technology includes internet connectivity. Technology, library, and media services meet the research, learning, and information management needs of students and staff.

(r) Virtual Education. If virtual education is provided by the district, the virtual courses meet all state requirements and are approved by the Department in accordance with Chapter 41 Rules and Regulations.

(s) Buildings and Facilities. All schools and other district buildings are constructed and maintained in accordance with Wyoming School Facilities Department guidelines and other regulations that govern the safety and security of Wyoming public buildings.

(t) Student Health. Personnel and processes, including prevention programs, are in place to address the physical and mental health needs of all students enrolled in the district.

(u) Calendars and Schedules. The number of school days, hours of student teacher contact, alternative calendars, days of observance and mourning, scheduled holidays, and reports of school closure are in accordance with Wyoming statute, rules and regulations.

(v) Transportation. The district provides student transportation to and from school and provides student transportation for interscholastic activities in accordance with applicable statutes, rules, and regulations.

(w) Food Services. The district adheres to Wyoming and Federal regulations and guidelines related to the sanitation of food service facilities and the quality and nutritional value of food provided to students. Free and reduced cost meals are provided based on the income of parents or guardians.

(x) Finance and Data. District finances are managed and routinely audited in accordance with Wyoming and Federal regulations, and accurate data are collected and reported to the Department in a timely manner.

(y) Student Information Management. Student information, records, identification, attendance calculations, enrollment and transfers are in accordance with State and Federal statute.

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 6 Accreditation Status

All public school districts and schools within those districts shall be granted accreditation levels by the State Board.

(a) One of the following accreditation levels shall be granted by the State Board on an annual basis:

(i) Accredited. The district has met the state accreditation criteria based on the Department annual review of evidence or the most recent external review. With the exception of schools identified as accredited with support in accordance with Section 7 of this chapter, the school accreditation level shall be the same as the district accreditation level.

(ii) Accredited with Follow-up. The district has not met the annual evidence requirement at a level of 80% or higher, and has not addressed the concern during the grace period described in Section 4(c) of this chapter. Districts that are accredited with follow-up will be recommended for full accreditation to the state board upon Department verification that the district has met the criteria.

(iii) Accredited with Support. The district has not met the annual evidence requirement at a level of 80% or higher for more than one year. Schools and districts may also be accredited with support based on WAEA school performance level in accordance with Section 7 of this chapter.

(iv) Non-Accredited. Upon the recommendation of the Department and a majority vote of all members of the State Board, a district that has been at the level of accredited with support for two or more years may be designated as non-accredited by the State Board.

(A) This decision shall be based on refusal or inability of the district to address the issues of non-compliance that caused the district to be at the level of accredited with support and shall not be based solely on school performance.

(B) The State Board may raise the status of a district from non-accredited to accredited with support based on a majority vote of all members if the district has addressed the issues of non-compliance in a manner deemed satisfactory by the Department.

(C) The State Board and State Superintendent may take appropriate administrative action against any Wyoming district or any school governed by the district for non-accreditation.

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 7 School Accreditation Status

(a) The State Board may lower the annual accreditation status for an individual school based on WAEA school performance level per W.S. 21-2-304(b)(ii). This shall include:

(i) An accreditation status of "accredited with support" for any school that is not meeting expectations for three or more consecutive years based on three or more discrete school performance ratings.

(ii) An accreditation status of "accredited with support" for any district in which every school in the district is not meeting expectations for three or more consecutive years based on three or more discrete school performance ratings.

History

Effective 2021-07-15

Wyo. Code R. 206.0002.6.07152021 § 8 Institutional School Accreditation

(a) Institutional schools are accredited by the State Board based on the recommendation of a Department-approved accrediting agency.

History

Effective 2021-07-15

Chapter 7 Services for Children with Disabilities

Wyo. Code R. 206.0002.7.03222010 Services for Children with Disabilities

The document referenced in the rules database link is not available in an electronic format. If you are in need of this rule, please contact the Secretary of State's Office at: Rules Registrar Wyoming Secretary of State's Office Ph. 307.777.7378 Email: Rules@wyo.gov

History

Effective 2010-03-22

Chapter 8 School Finance

Wyo. Code R. 206.0002.8.12212018 § 1 Authority

These rules are promulgated pursuant to W.S. 21-2-202(a)(i) and (e); W.S. 21-2-203(a); W.S. 21-3-314(a); W.S. 21-6-219(a); W.S. 21-7-501(f)(iii); W.S. 21-13-101(c).

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 2 Definitions

(a) "Acquired" means gained possession. Examples of acquire include, but are not limited to, lease agreement, purchase, or gift.

(b) "Actual site acreage" means the site acreage amount that appears on the actual land's title or deed. If the acreage amount does not appear on land's title or deed, actual site acreage is the amount reported by the School Facilities Division of the State Construction Department.

(c) "Case manager" means an individual working under a personal-services contract with a school district or Board of Cooperative Educational Services to provide general supervision of special education programs and services provided to children with disabilities.

(d) "Co-located school" means two (2) or more schools, each with its own unique identifier, that exist within the same school facility.

(e) "Combined school" means two (2) or more existing schools in a district that are joined together to form a single school as a result of one or more schools closing within a district.

(f) "Data correction" means corrections necessary to ensure funding model operation and current school year district payments are using the correct data supplied by school districts, other state agencies, and outside consultants to properly compute school foundation program payments to school districts as required by law.

(g) "Days of operation" means the term of operation for a school including pupil-teacher contact days and days used exclusively for registration, professional development, report card distribution, teacher/parent conferences, in-service programs, and similar activities.

(h) "Department" means the Wyoming Department of Education.

(i) "English language learner (ELL) student" means any student reported as primarily enrolled by a district on the October snapshot who has been identified as an ELL or former ELL in Year 1 or Year 2 monitor status in compliance with required identification criteria presented in a format specified by the Department.

(j) "Facility" means a standalone or combination of buildings owned or leased by the district that support the delivery of educational programs necessary to meet state accreditation standards and federal laws.

(k) "Format change" means any change to the funding model that results in a different appearance or layout and maintains the integrity and functionality of the funding model.

(l) "Foundation program report" means the accumulation and aggregation of student attendance and membership statistics, school district financial data, reimbursement claims, estimates, and other representations including, but not limited to, the following reports: the WISE Annual District Report , the WISE Attendance & Membership Report, the Foundation Program Funding Worksheet, the Annual Special Education Expenditure Report, the Annual Student Transportation Expenditure Report, the Vocational Education Student FTE Worksheet, Vocational Education Teacher FTE Worksheet, and the Annual District Budget.

(m) "Foundation program review" means the examination, analysis, testing, and verification of a school district's foundation program report and system of student accounting by the Department or its representative (whether on-site at the school district or in the form of a desk review at the offices of the Department) to confirm, verify, validate, and, if necessary, correct the student attendance and membership statistics, school district financial data, reimbursement claims, estimates, and other representations appearing in the district's foundation program report.

(n) "Free and reduced lunch (FRL) student" means any student reported as primarily enrolled by a district on the October snapshot who meets the eligibility requirements for the free and reduced priced lunch program established by 42 U.S.C. §1751 et seq. regardless of the school's participation in the free and reduced priced lunch program.

(o) "Funding model" means the enumeration of components defined in "Attachment A" as referenced in W.S. 21-13-101(a)(xvii) and (c), including any technical and data corrections implemented in accordance with W.S. 21-2-202(e).

(p) "Membership" means the inclusion of an enrolled student in a school's student accounting records, whether the student is attending or absent on that day.

(q) "Mobile student" means any student reported as primarily enrolled in any grade six (6) through twelve (12) by a district on the annual Department spring accountability snapshot date where the student's school entry date falls after the October snapshot of the same school year.

(r) "National Board Certification" means advanced teaching credentials awarded through the National Board Certified Teacher program by the National Board for Professional Teaching Standards.

(s) "New school" means a school that is assigned a unique identification number from the Department for reporting purposes and is funded as a first-year school in the funding model.

(t) "Part-time student" means a student that is enrolled in fewer daily hours or periods than normally scheduled in the school they are enrolled.

(u) "Reconfigured school" means a school in which grades served has been changed from the previous school year.

(v) "Replacement school" means a school in which a new building has been constructed and is used in place of a previously existing school with the same grade configuration.

(w) "School day" means the starting time of a pupil-teacher contact day to the ending time of a pupil-teacher contact day as established by school district board of trustee policy.

(x) "School Facilities Division (SFD)" means the School Facilities Division of the State Construction Department.

(y) "Site" means a parcel of land that has been acquired by a district, and is identified by the SFD by a site identification number.

(z) "State Board" means the Wyoming State Board of Education.

(aa) "Student accounting" means the process of enrolling students, taking attendance, appropriately withdrawing students and removing them from student accounting records, and maintaining accurate and verifiable computer-based records within the student information system for the purpose of uniform and timely reporting of student attendance and membership statistics at each school district's school.

(bb) "Technical correction" means a correction necessary to ensure funding model operation and current school year district payments are in accordance with law and the funding model is properly computing school foundation program payments to school districts as required by law.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 3 Basis of Accounting

With the exception of accounting operations necessary to properly compute a school district's operating balance and cash reserves under W.S. 21-13-313(e) and Section 14, all school districts shall, for purposes of preparing individual reports within the Foundation Program Report, use the cash basis of accounting. Any exceptions shall have prior approval of the Department.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 4 School and Operational Days

(a) Each school shall meet both the 175-day pupil-teacher contact requirement required by W.S. 21-4-301 or the number of days required under an alternative schedule approved by the State Board and the minimum applicable number of hours established by State Board rules and regulations.

(b) Each school shall be in operation for at least the equivalent of 185 days unless an alternative schedule has been approved by the State Board and shall conduct classes for a majority (greater than 50 percent) of the school day for at least 175 student days. Days used exclusively for registration, professional development, report card distribution, teacher/parent conferences, in-service programs, and similar activities shall only be counted as days of operation beyond the 175-day pupil-teacher contact minimum.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 5 Reporting a School's Status to the Department

(a) School districts shall give written notification to the Department within two (2) weeks upon the occurrence of any of the following events:

(i) A school closes and students are no longer attending classes (this does not apply to replacement schools); or

(ii) Emergency conditions such as weather, utility failure, or safety conditions requiring the temporary closure of one or more schools for a half school day or more.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 6 School Reconfiguration Reporting for Purposes of Funding

(a) A school district shall file a written report to the Department that it has or intends to change a school's grade configuration or open a new school for the next school year.

(b) Reports submitted under this section indicating the opening of a school or modifying a school's grade configuration for the upcoming school year shall be provided to the Department no later than June 15 of each year.

(c) The reports submitted under this section shall provide documentation verifying compliance with the district's facility plan on file with the SFD and with the criteria outlined in W.S. 21-13-309(m)(vi).

(d) Reports submitted under this section will be reviewed by the Department and a determination will be rendered to the district as soon as practicable following receipt of the report. In some instances, a reconfigured school or combined school may result in a new school. If a replacement school is built, the school shall not be considered a new school.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 7 Minimum Attendance Taking Requirements

(a) All Wyoming public schools shall take and record attendance to verify and ensure accurate attendance and membership calculations.

(b) In elementary schools, attendance shall be taken a minimum of two (2) times during the school day, once in the morning and once in the afternoon.

(d) Virtual education attendance shall be measured by approved participation requirements defined by Department rules and regulations.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 8 Mathematical Calculation of Average Daily Membership (ADM)

(a) The mathematical calculation of ADM is derived by dividing each student's aggregate membership days for the period of time under aggregation by the actual number of school days over which the aggregation occurred. The resulting calculation for each student shall not exceed one (1.000) ADM. Student data used to report membership shall be provided by each school's student information system. ADM calculations shall be carried out and rounded to three (3) decimal places for reporting to the Department. Students enrolled at least eighty percent (80%) of a full-time equivalency shall be considered full-time for membership (1.000 ADM). Students enrolled less than eighty percent (80%) of a full-time equivalency shall be counted equal to their part-time membership calculation as determined in Section 8(e).

(b) Schools shall exclude from their membership students for whom the school district is no longer actively or prospectively providing appropriate instructional services. Examples include, but are not limited to, students who:

(i) Withdraw from school;

(ii) Are absent more than ten (10) consecutive school calendar days;

(iii) Are full-time virtual education students not meeting participation requirements for more than ten (10) consecutive program days as defined by Department rules and regulations;

(iv) Do not attend a school in a Wyoming school district;

(v) Transfer from one school to another within a district (the sending school shall cease to include the transferred student in its membership);

(vi) Move out of the area, or are otherwise no longer receiving appropriate district instructional services; or

(vii) Are enrolled in school and do not actually attend for at least one (1) day during the current school year.

(c) A school district that receives a student from another school district shall immediately include that student in its membership. The school district that sends a student to another school district shall immediately cease including that student in its membership. No student shall be included in two schools' memberships at the same time, whether those schools are in the same or different districts.

(d) No reduction in aggregate membership shall occur when a student completes a virtual education course before the end of the term if the student has completed the participation requirements. A weighted day calculation shall be used for the time the student was enrolled in the course. The weighting shall be calculated using the number of scheduled term days divided by the actual days it took the student to complete the course (e.g., a course term is 88 days and a student completed the course in 50 days. The 88 term days are divided by the 50 course days to equal a 1.76 weighted day equivalent for each of the 50 days in the course. The 50 days the student took to complete the course is multiplied by the weighted figure of 1.76 resulting in 88 course days). For each course, the number of days completed shall be divided by the regularly scheduled number of courses in the school to compute the aggregate membership (e.g., if a student completed 88 course days and the school offered 8 courses per day, the student's aggregate membership for the course would be 11.000).

(i) Virtual education student membership shall be prorated at less than one (1.000) ADM if the number of virtual education courses in which the student is enrolled is less than the regularly scheduled courses for that school, but the virtual education membership may be combined with any non-virtual education membership on a daily basis to result in a larger fractional membership not to exceed one (1.000) ADM.

(e) Students in membership less than eighty percent (80%) of the school day shall be counted equal to their part-time membership using one (1) of the following methods and apply that one (1) method to all part-time students in the school:

(i) Calculate the ratio of periods in membership to the total periods normally offered at that school (e.g., a student in membership two (2) periods a day in a school that offers seven (7) periods per day would generate a 2/7 aggregate membership, or 0.286 ADM for the number of days over which the aggregation occurred).

(ii) Calculate the ratio of hours (or minutes) in membership to the total hours (or minutes) normally offered at that school (e.g., a student in membership three (3) hours (180 minutes) a day in a school that offers eight (8) hours (480 minutes) per day would generate 3/8 aggregate membership, or .375 ADM for the number of days during which the aggregation occurred).

(iii) Alternative schools without a set bell schedule may use the normally scheduled hours from the closest district-operated non-alternative school offering the same grade level services to determine the proportion of membership (e.g., a student in membership for 350 hours of pupil-teacher contact time, measured against a school that normally provides 1100 contact hours would generate 350/1100 aggregate membership, or 0.318 ADM, for the school year).

(f) When school is dismissed for emergencies pursuant to W.S. 21-13-307(a)(ii) or Section 5(a)(ii), membership inclusion shall be continued as if the entire session had been completed if students are in attendance for greater than fifty percent (50%) of the school day. No membership shall be counted when school is canceled before the school day begins or when ended before completing fifty percent (50%) of the school day.

(g) Prior school year ADM, for purposes of calculating the funding model's ADM three-year average, shall be adjusted in the current funding model in the following instances:

(i) A new school opens;

(ii) A school closes;

(iii) A district changes boundaries;

(iv) A school reconfigures; or

(v) A district moves specific programs from one school to another school, as well as the students in those programs.

(h) The district shall submit a list of schools and the number of students, by grade, which transferred to another school within the district due to one of the instances in subsection (g). The Department shall subtract the number of students that transferred to another school within the district from the two (2) years of ADM they were already included.

(i) The Department shall subtract the number of students that transferred to another school within the district from the two (2) years of ADM they were already included.

(i) The adjustment under subsection (h) of this section does not apply to:

(i) Co-located schools that combine to create a single school and the combination does not cause a transfer of students to other schools within the district and the grades served are not adjusted (e.g., a co-located K-5 school and 6-8 school reconfigure to a single K-8 school. The K-8 school serves the same students as if it was the co-located K-5 and 6-8 schools. The prior years' K-5 school and 6-8 school ADM will be transferred to the combined school); or

(ii) Two (2) or more schools that combine to create a single school and the combination does not cause a transfer of students to other schools within the district and the grades served are not adjusted (e.g., a separate K-5 school, 6-8 school, and 9-12 school combine to create a single K-12 school. The single K-12 school serves the same students as if the separate schools still existed. The prior years' K-5 school, 6-8 school, and 9-12 school ADM will be transferred to the combined school).

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 9 Corrections and Changes to the Funding Model

(a) Technical corrections. The Department shall evaluate each suggested technical correction in consultation with school finance advisers and state agencies as necessary. If the Department determines the suggested technical correction is necessary, then it will:

(i) Notify the Legislative Service Office and outside school finance consultants;

(ii) Document the correction and the calculated fiscal impact;

(iii) Send the proposed corrected funding model to outside school finance consultants for review;

(iv) Request a letter from outside school finance consultants certifying the technical corrections made by the Department allocate resources in accordance with Wyoming law;

(v) Inform the School Finance Data Advisory Committee of the proposed correction;

(vi) Notify all school districts; and

(vii) Forward the revised funding model to the Secretary of State's office along with the certification letter.

(b) Data corrections. The Department shall evaluate each suggested data correction in consultation with school finance advisers and state agencies as necessary. If the Department determines that the suggested data correction is necessary, then it will:

(i) Notify the Legislative Service Office and school finance advisers;

(ii) Document the correction and the calculated fiscal impact; and

(iii) If the data correction is made after the Foundation Program Funding Worksheet is released for the current school year, notify district(s) affected.

(c) Format changes. The Department shall document each format change and print a before and after worksheet to illustrate the format changes. The Department shall attach each printed worksheet to the Department's format change form.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 10 Funding Model Operations and Maintenance

(a) The Department shall annually update necessary operations and maintenance data components in the funding model with the following data supplied by the SFD:

(i) District sites and their associated site identification number, actual site acreage, and acquired date.

(ii) District school building information, including:

(A) Actual educational gross square footage;

(B) SFD allowable gross square footage;

(D) The number of classrooms.

(iii) No gross square footage created by any district enhancement shall be included within the districts educational gross square footage for funding model determinations unless the enhancement is included within the statewide adequacy standards as determined by the SFD.

(iv) If a single Department school identification number contains more than one (1) school building, a weighted average of the year built for each building under this section shall be calculated for use in the funding model. The weighted average shall be calculated by multiplying each building's year built by the proportion of the school's total educational gross square feet. The weighted year built amount for each building will be summed to equal an adjusted year built.

(b) The funding model generates groundskeeper full-time equivalent (FTE) resources for district sites acquired after July 1, 1997, based on the following:

(i) The site acreage shall be the lesser of the actual site acreage or the following SFD guidelines:

(A) Elementary school sites will be allowed a maximum acreage amount of four (4) acres, plus one (1) acre for every one hundred (100) ADM;

(B) Middle school sites will be allowed a maximum acreage amount of ten (10) acres, plus one (1) acre for every one hundred (100) ADM; and

(C) High school sites will be allowed a maximum acreage amount of twenty (20) acres, plus one (1) acre for every one hundred (100) ADM.

(ii) If a site contains more than one (1) school, the site will be allowed a maximum acreage amount equal to the highest level of the opened schools on the site, but count all the schools' ADM (e.g., if a site has a middle school and a high school on the same site, the site will be allowed twenty (20) acres, plus one (1) acre for every one-hundred (100) combined middle school and high school ADM). The site shall be resourced upon the lesser of the allowed acreage amount or actual site acreage.

(iii) If a site was acquired through an exchange of land with another government entity and the acreages involved in the exchange were originally acquired by the district and the government entity on or before July 1, 1997, the site will generate groundskeepers for the actual site acreage. The district shall provide the following documentation to the Department:

(A) The dates the district and the government originally acquired the acreages involved in the exchange; and

(B) The completed contract between the district and the government entity to acquire the acreages that identifies the date the exchange occurred.

(iv) Any other district site acquired after July 1, 1997, with a facility other than an elementary school, middle/junior high school, or high school located on it will be resourced groundskeepers for the site's actual site acreage.

(v) If a district has a parcel of land with a school under construction or without a facility located on it, the funding model will not generate groundskeeper FTE resources for the acreage.

(c) The funding model will generate groundskeeper FTE resources for all district sites acquired on or before July 1, 1997, and shall use the actual site acreage in the calculation to generate groundkeeper FTE resources.

(d) If a district's site acquisition date is different than when the district obtained the title or deed to the site, the district shall provide documentation identifying the exact date when the district acquired the site.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 11 Reimbursable Expenditures

For all categories of reimbursable school district expenditures, reimbursement shall be limited to incremental costs for which funding is not already directly provided in the funding model. No reimbursement shall be provided for costs previously or simultaneously recovered elsewhere in the Wyoming school finance system.

(a) Student Transportation Reimbursement. The following applies to the funding model's student transportation reimbursement under W.S. 21-13-320.

(i) Pro rata reimbursement for personnel not devoting one hundred percent (100%) of their time to student transportation issues and operations shall be supported by clear and continuous documentation.

(ii) Personnel dealing with pupil transportation issues and operations on a full-time basis shall be subject to one hundred percent (100%) reimbursement provided that an appropriate position description exists and an affidavit specific to the year for which reimbursement is expected, signed by the employee and the district superintendent or district superintendent designee, attesting to full-time involvement, is on file at the district office. The affidavits shall be renewed annually and clearly reference the school year for which reimbursement is claimed.

(iii) No reimbursement for student transportation facility major maintenance or capital construction shall be allowed under this section.

(b) School District Organization Reimbursement. The following applies to reimbursable expenses pursuant to school district organization under W.S. 21-6-219(a).

(i) The Department will reimburse each involved school district remaining after reorganization up to $100,000 for professional fees actually paid and for other expenses specifically and directly related to the reorganization process. Reimbursement paid to school personnel for services provided solely due to reorganization shall be reimbursed only upon the Department receiving an itemized statement setting forth the wage computation and itemizing the service or services provided on an hourly basis. Compensation shall be calculated at the same rate as the district compensates the employee for other educational services. The district may be reimbursed for unemployment claims due to layoffs directly resulting from reorganization.

(ii) School districts remaining after reorganization shall submit reimbursement claims to the Department within one (1) year of signing the final consolidation agreement. Each reimbursement claim shall include copies of invoices from practitioners describing work done and showing professional fees charged and proof of payment by the district. The Department shall reimburse involved school districts submitting qualified reimbursement claims in equal amounts over a period not to exceed three (3) fiscal years. At the discretion of the Department, reimbursement may be made in single payments to districts within sixty (60) days of receiving qualified reimbursement claims.

(c) National Board Certified Teacher Incentive Reimbursement. The following applies to reimbursable incentive payments under W.S. 21-7-501(f).

(i) School districts may choose to pay either the gross or net amount to qualifying employees.

(ii) The Department may request additional information before issuing reimbursement to a district in order to ensure the district has complied with W.S. 21-7-501(f).

(iii) District staff submitted for reimbursement under this authority shall meet the following requirements:

(A) Hold a qualifying position:

(I) Licensed classroom teachers who work directly with students in a classroom setting teaching grade-level or subject-matter appropriate classes;

(II) Certified tutors;

(III) Instructional facilitators;

(IV) Counselors; and

(V) Librarians.

(B) Be employed full-time within the reporting school district as one (1.0) full-time equivalent (FTE) as a measure of quantified, standardized employee workload.

(I) Employees with split assignments qualify as employed full-time when:

(1.) The combination of assignments are equivalent to one (1.0) FTE; and

(2.) All job assignments meet the requirements provided in subsection (iii) of this section.

(C) Hold valid National Board certification through the National Board for Professional Teaching Standards, and are actively employed at the time payment is generated by the district.

(iv) Non-qualifying positions under this section include, but are not limited to:

(A) District and school administrators;

(B) Nurses;

(D) Library media aides;

(E) Computer network technicians; and

(F) Speech pathologists.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 12 Cash Reserves

(a) A school district's committed, assigned and unassigned end-of-year general-fund fund balance as reported in the district's audited financial statements will be considered to be its operating balance and cash reserves for that year.

(b) A school district shall not transfer funds or accumulated reserves from its general fund to another fund to avoid including the amounts as state revenues under W.S. 21-13-310(a). Any amount transferred in violation of this subsection shall be state revenue under W.S. 21-13-310(a).

(c) District revenues received from settlements of prior protested twenty-five (25) and six (6) mill tax payments may be excluded from the cash reserve calculation for the fiscal year in which the payments were received.

(i) A district wishing to exclude a tax settlement from the cash reserves calculations shall submit a letter to the Department requesting exclusion within thirty (30) days after the end of the fiscal year in which the protest payment was received.

(ii) The letter shall include a certification from the county treasurer on the amount of the tax settlement receipt.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 13 At-Risk Data Used for the Funding Model

The data constituting a district's at-risk count shall be the unduplicated count of ELL students, FRL students and mobile students.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 14 Internal Consistency of Reports and Mathematical Integrity

The individual reports making up the foundation program report shall be operationally and mathematically consistent. The Annual District Report shall serve as the hub and master repository of district financial data. The other reports making up the foundation program report shall, where applicable, reconcile with the Annual District Report. Each school district superintendent shall review the individual reports making up the foundation program report for his or her district as appropriate and necessary before they are forwarded to the Department and, based upon his or her review, certify that, to the best of his or her knowledge and belief, the foundation program report and its subparts are complete, accurate, and conform with all reporting requirements.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 15 Retention of Foundation Program Reports

Each school district shall maintain foundation program reports along with all supporting data in accordance with the retention schedule for school districts on file with the Wyoming State Archives office.

History

Effective 2018-12-21

Wyo. Code R. 206.0002.8.12212018 § 16 School Finance Audits

(a) Within the thirty (30) days provided by W.S. 9-1-513(c), a school district may request the Department review findings identified by the Department of Audit. A school district requesting a review shall do so in writing to the Superintendent of Public Instruction. The request shall contain:

(i) The finding(s) made by the Department of Audit the district disputes;

(ii) An explanation of why the district disputes the finding(s);

(iii) The legal authority the district relies on;

(iv) Changes in the amount the Department of Audit has determined should be repaid to the public School Foundation Program Account;

(v) Any additional facts, information, or documents to support the district's position.

(b) The Superintendent of Public Instruction or a designee shall issue a decision as soon as reasonably practicable. The Department shall follow up the decision in writing and outline the basis for that decision.

(c) Upon receiving a final audit report and district response under W.S. 9-1-513(c) and described in subsection (a) of this section, the Department will issue a written order stating amounts to be recovered from or due to the school district.

(i) If the Department requires payment to the school district, the Department will issue payment no later than thirty (30) days after it issues the final order.

(ii) If the Department requires repayment by the school district to the public School Foundation Program Account, the district shall remit payment to the Department no later than thirty (30) days after receipt of the final order.

(d) Any order issued under this section is final agency action subject to judicial review in accordance with W.S. 16-3-114 and the Wyoming Rules of Appellate Procedure.

(e) If a school district petitions for judicial review, execution of the Department's order shall be stayed until final judicial resolution.

History

Effective 2018-12-21

Chapter 10 Wyoming Content and Performance Standards

Wyo. Code R. 206.0002.10.07162025 Wyoming Content and Performance Standards

Ch. 10 Rules Clean version 11.5.21

Chapter 10

Wyoming Content and Performance Standards

Section 1. Authority. These rules and regulations are promulgated pursuant to W.S. 21-2-304(a)(i), (ii), (iii), (iv), and (c).

Section 2. Definitions.

(a) "Common Core of Knowledge" (W.S. 21-9-101(b)(i)) means areas of knowledge each student is expected to acquire through the state standards at levels established by the state board of education.

(b) "Common Core of Skills" (W.S. 21-9-101(b)(iii)) means skills each student is expected to demonstrate at levels established by the state board of education. These skills may be integrated into the uniform student content and performance standards for the Common Core of Knowledge. This includes Problem Solving, Interpersonal Communications, Computational Thinking and Computer Applications, Critical Thinking, Creativity, and Life Skills, including Personal Financial Management Skills.

(c) "Content Standards" means the content knowledge and skills students are expected to know and be able to do by the end of the grade level or grade band. These standards are established for the Common Core of Knowledge and Common Core of Skills. The content areas for standards are aligned to the Common Core of Knowledge as follows:

(i) W.S. 21-9-101 Common Core of Knowledge

(A) Reading/Language Arts (English Language Arts)

(B) Social studies

(D) Science

(E) Fine arts and performing arts (Fine & Performing Arts)

(F) Physical education

(G) Health and safety

(H) Humanities - Embedded within the ELA, SS, Languages, and Fine Arts Standards.

(I) Career and technical education (Career & Vocational Education) - Changed in 2021 legislation and will reflect name change in the next standards review cycle.

(J) World cultures and languages

(K) Government and civics including state and federal constitutions pursuant to W.S. 21-9-102 - Embedded within the SS Standards.

(L) Computer science

(d) "Performance Standards" means the standards all students are expected to learn and be assessed on through the district assessment system by the end of the grade level or grade band. These specify the degree of understanding or demonstration of the knowledge or skills at the proficient level, describing how good is good enough. The Proficient PLD (Performance Level Descriptor) is the Performance Standard.

(e) "Extended Standards" means standards for students with the most significant cognitive disabilities that show a clear link to the content standards for the grade in which the student is enrolled, although the grade-level content may be reduced in complexity or modified to reflect pre-requisite skills.

(f) "Elective" when describing Content Standards means all students must be offered the opportunity to take content area instruction within the indicated grade level or grade band.

Section 3. Uniform Student Content and Performance Standards.

(a) The State Board of Education incorporates the Wyoming Content and Performance Standards, revised on February 27, 2025.

(i) Content Standards are the state standards and cannot be further prioritized. Every student shall be offered the opportunity to learn these standards.

(ii) Performance Standards must be assessed through the district assessment system. Districts and teachers shall provide multiple opportunities to evaluate proficiency and deliver the appropriate and targeted supports for student success.

(iii) Districts shall provide content area instruction to all students within the indicated grade level or grade band, with the exception of those areas marked Elective.

(A) Elective content must be offered to all students that elect to take the content area coursework or program.

(B) Districts may choose how to offer elective coursework, but all Content and Performance Standards must be included in the series of courses or the educational program.

(iv) The table below outlines the content areas, by grade band, that have Content Standards only (taught but not required to be assessed in the District Assessment System) compared to those that have Content & Performance Standards (taught and assessed in the District Assessment System). It also identifies those areas that are Elective.

Gr.	Math	Science	Health & Safety	PE	Fine & Performing Arts	Computer Science	World Languages & Cultures
K-2	Content & Performance Standards	Content Standards	Content Standards	Content Standards	Content Standards	Content Standards	Content Standards
3-5	Content & Performance Standards	Content & Performance Standards	Content Standards	Content Standards	Content Standards	Content Standards	Content & Performance Standards Elective
6-8	Content & Performance Standards	Content & Performance Standards	Content Standards	Content Standards	Content & Performance Standards Elective	Content & Performance Standards Elective
9-12	Content & Performance Standards	Content & Performance Standards	Content & Performance Standards	Content & Performance Standards	Content & Performance Standards Elective	Content & Performance Standards Elective

(b) The Wyoming Content and Performance Standards, revised February 27, 2025 are available at the links below starting in section 3(e)(ii)-(iii) and (v) or for public inspection at the Wyoming Department of Education, 122 E. 25th Street, Suite E200, Cheyenne, WY 82002.

(c) The State Board of Education has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules.

(d) The standards incorporated by reference in Section 3(a) do not include any amendments to or editions of the standards since the effective date of this rule.

(e) Uniform student content and performance standards are hereby incorporated by reference pursuant to W.S. 16-3-103(h) and include the following:

(i) The 2012 Wyoming Language Arts Content Standards are available at https://edu.wyoming.gov/downloads/standards/final-2012-ela-standards.pdf.

(A) The 2014 Language Arts Performance Level Descriptors shall be the Wyoming Language Arts Performance Standards for the 2012 Wyoming Language Arts Content Standards. These ELA Performance Standards are found at https://edu.wyoming.gov/wp-content/uploads/2018/10/2018-ELA-PLDs-Grade-3-10.pdf.

(B) The 2014/2016 Wyoming Language Arts Extended Standards for students with significant cognitive disabilities are available at https://edu.wyoming.gov/wp-content/uploads/2016/11/2014-16-FINAL-RECOMMENDED-ELA-EXTENDED-STANDARDS-K-12_November-2016.pdf.

(ii) The 2024 Wyoming Math Extended Standards for students with significant cognitive disabilities are available at https://edu.wyoming.gov/wp-content/uploads/2025/02/2024-Math-Extended-Standards-10-24.pdf.

(iii) The 2024 Wyoming Science Extended Standards for students with significant cognitive disabilities are available at https://edu.wyoming.gov/wp-content/uploads/2025/02/2024-Science-Extended-Standards-10-24.pdf.

(iv) 2014 with 2018 Additions Wyoming Social Studies Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2018/12/Social-Studies-Standards-20142018-additions_FINAL.pdf.

(v) 2024 Wyoming World Languages and Cultures Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2025/02/2024-World-Languages-Cultures-Ch.-10-WYCPS.pdf.

(vi) 2014 Wyoming Career/Vocational Education Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2018/12/2014-CVE-WyCPS-FINAL_11.28.18sd_FINAL.pdf.

(vii) 2023 Wyoming Math Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2024/01/Math-Ch.-10-WYCPS.pdf.

(viii) 2023 Wyoming Science Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2024/01/Science-Ch.-10-WYCPS.pdf.

(ix) 2023 Wyoming Computer Science Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2024/01/Computer-Science-Ch.-10-WYCPS.pdf.

(x) 2023 Wyoming Physical Education Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2024/01/PE-Ch.-10-WYCPS.pdf.

(xi) 2023 Wyoming Health & Safety Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2024/01/Health-Ch.-10-WYCPS.pdf.

(xii) 2023 Wyoming Fine & Performing Arts Content and Performance Standards are available at https://edu.wyoming.gov/wp-content/uploads/2024/01/FPA-Ch.-10-WYCPS.pdf.

History

Effective 2025-07-16

Chapter 14 Education Program Approval of Public and Private Institutions Receiving State Funds for the Education Costs of Students

Wyo. Code R. 206.0002.14.07252019 § 1 Authority

These rules are promulgated pursuant to Wyoming Statute 21-

13-315 and W.S. 21-13-336.

History

Effective 2019-07-25

Wyo. Code R. 206.0002.14.07252019 § 2 Definitions

(a) "Approved program" means an education program that has been approved by the Wyoming Department of Education and the Wyoming State Board of Education.

(b) "Board" means the Wyoming State Board of Education.

(d) "Department" means the Wyoming Department of Education.

(e) "Education program" means education services including, but not limited to, the course of study, curriculum, certified personnel, professional development policies, general supervision, compliance with law, and any other education-related practices.

(f) "Facility" means any Psychiatric Residential Treatment Facility (PRTF), Residential Treatment Center (RTC), group home, or BOCES providing educational services to Wyoming youth.

(g) "Group home" means facilities defined and licensed as a group home by the Wyoming Department of Family Services (DFS), Chapter 7, Administrative Rules for Certification of Providers of Substitute Care for Children.

(h) "Psychiatric Residential Treatment Facility" (PRTF) means a facility defined as a PRTF by the Wyoming Department of Health (WDH), Chapter 1, Wyoming Medicaid Rules.

(i) "Resident School District" means, in order of priority, the school district designated as the student's school district of residence by a court, the school district in which the student's custodial parent or guardian resides at the time of the student's placement in the facility, or the school district in which the student's DFS caseworker's field office is located if the student is in the state's legal custody but not in foster care at the time of student's placement.

(j) "Residential Treatment Center" (RTC) means a facility defined and licensed as a RTC by DFS, Chapter 10, Administrative Rules for Certification of Providers of Substitute Care Services for Children.

History

Effective 2019-07-25

Wyo. Code R. 206.0002.14.07252019 § 3 Initial Education Program Approval Requirements

To obtain initial Department approval for education programs, facilities shall comply with the following requirements:

(a) Be licensed by authorities as necessary to operate as a PRTF, RTC, BOCES,

or group home in the jurisdiction in which the facility is located;

(b) Obtain educational accreditation through the education accreditation process for

facility schools in the jurisdiction where the facility is located;

review by the Department;

(d) Provide the following documents or materials to the Department;

(i) Current copies of licenses and accreditations granted by national

and state organizations or agencies responsible for health, safety, and education oversight;

(ii) Wyoming Medicaid enrollment number;

(iii) Verification that all structures used for the education program meet all

state and local requirements for health and safety; and,

(iv) Any further materials requested by the Department to support its

recommendation for approval.

(e) Make facility and education personnel available for an interview to determine

logistical details during the on-site review.

History

Effective 2019-07-25

Wyo. Code R. 206.0002.14.07252019 § 4 Ongoing Education Program Approval Requirements

(a) Facilities shall provide the Department the following by September 1 of each school year;

(i) The next school year's calendar;

(ii) Documents or policies that have been revised since the previous school year regarding the facility's procedures on admission or discharge of youth;

(iii) Current licenses and accreditations granted by national and state organizations or agencies responsible for health, safety, and education oversight;

(iv) Current safety and health inspection reports by the local or state offices where the facility is located; and

(v) A current financial statement audited by a certified public accountant.

(b) The facility shall send compliance documentation electronically unless it does not have equipment to transmit electronic files. If this is the case, the facility shall mail physical copies to the Department.

History

Effective 2019-07-25

Wyo. Code R. 206.0002.14.07252019 § 5 Fiscal Management and Payment of Education Costs

(a) When appropriate under law, the Department shall pay a daily tuition rate to each

provider facility to reimburse allowable education costs as determined by the Department. The education daily tuition rates are calculated based in part on the audited and reported annual financial statement and cost report survey from each facility.

(b) To receive the approved daily rate from the Department, the facility shall submit

to the Department:

(i) A completed "Monthly Billing for Actual Cost of Educational Services"

form that serves as the monthly invoice the Department uses to pay for education costs; and

(ii) A signed court order for each court ordered student.

History

Effective 2019-07-25

Wyo. Code R. 206.0002.14.07252019 § 6 Rate Setting Process

(a) When appropriate, the Department shall pay a daily tuition rate to each provider

facility to reimburse allowable education costs as determined by the Department. The education daily tuition rates are calculated in part on the audited and reported annual financial statement and cost report survey from each facility.

(b) The Department shall calculate in-state education daily tuition rate of existing facilities using the following components:

(i) Each facility submits annual audited financial statement and cost report

survey;

(ii) The data is normalized for each facility's cost report survey to adjust for differences in fiscal year vs. calendar year reporting;

(iii) Administrative costs are analyzed and a median allowable value is determined for each facility peer group;

(iv) Administrative costs exceeding the median are excluded;

(v) Allowable education costs will be divided by the actual reported

educational days for each facility;

(vi) The base tuition rate is adjusted for inflation to determine allowable daily tuition rate for each facility;

(vii) The Department, after reviewing and accepting the calculated allowable

daily tuition rates, will notify facilities of their approved rates on or before July 1 of each school year.

(c) New in-state facilities commencing operations after the annual rate setting period ends will have a temporary rate set that is equal to the average of the respective Wyoming in-state peer group. This rate shall be recalculated after the facility participates for the first time in the annual rate setting process outlined in Section 6(a) of these rules.

(d) Out-of-state education daily tuition rates for both new and existing out-of-state

facilities are determined as follows:

(i) If the state's governing education body sets a provider rate, the Department will pay that rate. It is the provider's responsibility to notify the Department of its state's rate and any changes to it; or

(ii) The facility rate will be the average of its Wyoming peer group rate. It will follow the procedure for determining in-state rates set forth in Section 6(a) of these rules.

(e) Related and supplemental services rates are paid at the current Medicaid rates or at rates determined by the Department using the Bureau of Labor Statistics market data.

(f) The mileage rate for transportation reimbursement is that authorized by the Wyoming Governor.

(g) All claims must be submitted for payment within one (1) year of services provided.

History

Effective 2019-07-25

Wyo. Code R. 206.0002.14.07252019 § 7 Failure to Comply

(a) The Department may withhold payment under the following circumstances:

(i) Failure to comply with this chapter;

(ii) Failure to provide documented communication and correspondence

between the PRTF and placed student's resident school district within 72 hours of the student's admission; or

(iii) Failure to provide annual compliance documentation from the facility for

two (2) consecutive years;

(b) The Department may resume withheld payments after receiving proof of

compliance within ten (10) business days.

(i) The facility loses its approval status from the DFS;

(ii) The facility loses its approval status from the WDH-Medicaid; or

(iii) The facility loses its approval status from the local or state authorities

where the facility is located.

(d) If the Department denies payment, the facility may request a review of the denial,

including a corrective action plan, within twenty (20) business days of denial;

(e) The Department shall review the facility's request and corrective action plan and:

(i) Approve the facility's request and action plan;

(ii) Conditionally approve the facility's request pending submission of a

revised corrective action plan and any other documents the Department deems necessary; or

(iii) Disapprove the facility's request and corrective action plan.

(f) As part of its review, the Department may conduct an on-site visit of the facility.

(g) Department payments shall retroactively resume once the facility's request and

its corrective action plan have been approved.

(h) Removal of approved facility status shall occur under the following

circumstances:

(i) Following the Department's facility review finding concerns or

deficiencies associated with the educational services provided to Wyoming placed students;

(ii) Loss of approved status from DFS and WDH-Medicaid;

(iii) Collected evidence of misconduct;

(iv) As a result of Section 7(a) or 7(c), the Department recommends revoking

approved facility status; or

(v) The Department approves the program manager's recommendation.

(vi) The Department shall send written notice of revocation to the facility

within fifteen (15) business days of issuing the decision.

(vii) Within thirty (30) business days of the Department's revocation, the

facility shall submit to the Department a written plan for terminating its program and transferring its residents to other approved facilities.

(i) Removing approved status or denying any payments shall constitute final

agency action subject to judicial review.

History

Effective 2019-07-25

Chapter 18 Private Non-Religious K-12 Schools

Wyo. Code R. 206.0002.18.06112013 Private Non-Religious K-12 Schools

CHAPTER 18

WYOMING DEPARTMENT OF EDUCATION RULES AND REGULATIONS ON PRIVATE SCHOOL LICENSING FOR STUDENTS IN NON-RELIGIOUS ELEMENTARY AND SECONDARY SCHOOLS

Section I. Purposes.

The purposes of the rules are:

(a) To ensure that consistent with W.S. 21-4-101 through 21-4-107 any child attending a private non-religious elementary and/or secondary school shall satisfy the compulsory attendance laws, and to ensure that consistent with W.S. 21-2-401 through 21-2-407 such schools shall be licensed by the Wyoming Department of Education.

(b) To establish minimum licensing standards for private non-religious elementary and secondary schools.

Section 2. Authority.

These rules are promulgated pursuant to W.S 21-4-101 through 21-4-107 and W.S. 21-2-401 through 21-2-407 and have been adopted by the Wyoming Department of Education as authorized by the Wyoming Administrative Procedures Act (W.S. 16-3-102 through 16-3-115).

Section 3. Applicability.

These rules govern the operation of private elementary and secondary schools operating for the purpose of satisfying W.S 21-4-101 through 21-4-107 and W.S. 21-2-401 through 21-2-407 in the State of Wyoming. These rules do not apply to any parochial, church or religious school as defined by W.S. 21-4-101(a)(iv), or home-based educational programs as defined by W.S. 21 -4-101(a)(v). aircraft flight training schools approved and authorized by the federal aviation agency of the United States of America, or a nondegree-granting school teaching techniques of outdoor recreation, leadership, ecology, or conservation domiciled in the state of Wyoming. Any changes in school accreditation rules and regulations, Chapter 6, will apply to these rules and regulations also.

Section 4. Amendment of Rules.

Any amendments to these rules shall become effective as provided by the Administrative Procedures Act (W.S. 16-3-103).

Section 5. Definitions.

(a) Common Core of Knowledge. Areas of knowledge each student is expected to acquire at levels established by the school.

(b) Common Core of Skills. Skills each student is expected to demonstrate at levels established by the school.

(c) License. A non-transferable certificate issued by the Wyoming Department of Education to a private school located within this state that permits 1he school to solicit, offer, and maintain courses of instruction in compliance with the provisions of the private school licensing act and the rules and regulations of the Wyoming Department of Education promulgated pursuant to the act.

(d) Private School. Any nonpublic. elementary or secondary school providing a basic academic educational program for children in grades K-12. See also Section 3, Applicability.

(c) Program. Any or all of the private school-sponsored or supported educational opportunities for students either within or beyond the school day.

Section 6. Wyoming Statutes.

All private school education programs and the personnel within those programs shall comply with the applicable safety and health statutes of Wyoming including but not limited to W.S. 14-3-201through14-3-21 5. W.S. 2 1-4-309, w.s. 35-1-102. w.s. 35-9-107. w.s. 35-9-121. w.s. 35-9-505.

Section 7. Common Core of Knowledge.

All students shall meet the student performance standards at the level set by the school in the following areas ofknowledge: a) Reading/Language ans; b) Social studies; c) Mathematics; d) Science; e) Fine arts and performing ans; f) Physical education; g) Health and safety; h) llumanitics;

18-2 i) Career/vocational education; j) Foreign cultures and language; k) Applied technology; I) Government and civics including state and federal constitutions pursuant to W.S. 21-9-102.

Sec1ion 8. Common Core of Skills.

All students shall meet smdent perfonnance standards at the level set by the school in the following skills: a) Problem solving; b) Interpersonal communications: c) Keyboarding and computer applications; d) Critical thinking; c) Creativity; f) Life Skills, including personal financial management skills.

Section 9. Instruction in State and Federal Constitutions.

Schools shall give instruction in the essentials of the United States Constitution and the Constitution of the State of Wyoming. including the study or and devotion to American institution and ideals.

Section 10. T ransfer of Records.

The private school"s educational program shall ensure the transfer of all pertinent educational records to a public, private, or parochial education institution that requests these records for the admission or re-admission of a student.

Section l l. Special Education.

lbe private school shall have a wrinen procedure for notifying parents if the school suspects a child may have a disabling condition and that a child with a disability may access public school services under W.S. 21-2-501 and P.L. 101- 476 and amendments.

Section 12. Teacher Certification and Administration.

(a) Except as provided in (c), all professional educational staff members assigned to the private school's educational program must have certificates with the necessary endorsements covering specific assignmcnt(s) and all educaiional staITmembers must he assigned in accordance with the certificates and endorsements as specified in the certification regulations set by the Professional Teaching Standards Doard.

18-3

(b) A chief administrator for the educational programs must be certified as an administrator under the certification regulations established by the Professional Teaching Standards Board.

(c) Should any professional staff member or administrator not qualify for certification or endorsement by the Professional Teaching Standards Board. the private school shall provide notification to all parents and the public that their teachers are not certi lied by the state.

Section 13. Administrative Responsibilities.

(a) Transportation used for students as part of the private school's educational program shall comply with the most recent edition of Wyoming Pupil Transportation Manual.

(b) The private school's educational program shall be covered by an Emergency Operating Plan.

Section 14. School Year.

The private school's education program shall be operated in conformance with W.S. 21-4-102(a).

Section l 5. Annual Reporting.

The private school shall provide an annual report to the State Board of Education which shall include the fo llowing:

(a) Number of students enrolled in the school on October 1'1 of the school year by grade (K-12); number of students dropping out of grades 9-12 during the school year; number ofstudenlS completing high school and receiving a diploma issued by your school during the end of the school year;

(b) Performance metrics on assessments;

(d) The school's recommended course of study for college-bound students and percent of students who have successfully completed the course of study;

(e) The number of students involved in extra-curricular activities and events;

(I) School improvement goals;

18-4

(g) Number of English Leamer Sludents enrolled in the school; name of English language proficiency assessmen1 used to determine English language status; score for each student reported.

Section 16. Monitoring.

The private school shall submit to on-site investigation and evaluation by the State Department of Education.

Section I 7. Licensing.

The private school shall submit evidence of compliance with licensing requirements ofW.S. 21·2-401 through W.S. 21-2-407. The school shall submit an application for license renewal and the school's annual report before July I of each year on forms prescribed by the Wyoming Department of Education. With the fonns, the school shall also submit an application or renewal fee of two hundred dollars ($200.00) by check or money order made payable to the Slate of Wyoming, Wyoming State Departmen1 of Education.

Section 18. Appeal.

Applicants whosc liccnses arc denied or suspended may appeal through procedures outlined by the Wyoming Administrative Procedures Act, W.S. 16-3-

18-5

History

Effective 2013-06-11

Chapter 20 Rules for the Student Transportation Component within the Education Resource Block Grant Model

Wyo. Code R. 206.0002.20.01072021 § 1 Authority

The State Superintendent of Public Instruction, pursuant to Wyoming Statute 31-5-118, W.S. 21-13-320, and W.S. 21-4-401, promulgates these rules.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 2 Definitions

(a) "Activity trip" means travel for activities sanctioned by the Wyoming High School Activities Association (WHSAA) or middle/junior high school-sponsored activities that directly correspond to high school activities sanctioned by the WHSAA.

(b) "Administrative" means activities of personnel and services directly concerned with transporting students.

(c) "Advertising" means expenses associated with employment ads, advertising surplus student transportation vehicle sales, bid notifications for equipment and supplies, beginning of year route announcements, route change notifications, school bus safety week awareness activities, and any other advertising directly related to student transportation.

(d) "Benefits" mean amounts paid by the school district for student transportation employees including but not limited to the employer's share of insurance, retirement programs, social security programs, and workers' compensation programs.

(e) "Communication services and equipment" means services and equipment to assist in transmitting and receiving student transportation messages or information including but not limited to telephone, communication radios and equipment, cell phones, wireless data plans, monthly internet service, and postage.

(f) "Computer expenses" means hardware, software, and training for:

(i) Global Positioning System receivers;

(ii) Telematics;

(iii) Routing;

(iv) Activity trips;

(v) Field trips;

(vi) Fuel maintenance systems; Maintenance records; and

(vii) Student tracking/management systems.

(g) "Field trip" means a school district-approved student activity outside the classroom during the school session or during a district approved summer session.

(i) The trip must be an extension of classroom instruction.

(ii) The trip must be tied to curriculum.

(iii) Travel must be in a transportation fleet vehicle.

(h) "Indirect cost" means a cost typically incurred as part of the general operating activities of the school district and is not directly identifiable with providing transportation services alone.

(i) "Insurance" means costs paid to insure transportation facilities or vehicles used primarily for student transportation against loss or damage.

(j) "Low-bid base price" means a baseline amount for each vehicle type established through a competitive bid process, excluding options.

(k) "Non-conforming vehicle" means a vehicle that does not comply with Chapter 2, Department of Education Rules for Minimum Standards for Wyoming Student Transportation Vehicles.

(l) "Operation" means the daily activities involved in directing, managing, and supervising the transportation system.

(m) "Purchased services" means services that are professional and technical in nature and not provided by school personnel. Examples include first aid training, defensive driving courses, CPR training, transportation workshops, support for school transportation software, and drug and alcohol testing.

(n) "Repair and maintenance" means the upkeep and repair services provided for student transportation vehicles and equipment.

(o) "Route" means the path followed by a vehicle for student transportation to and from school from the time the vehicle leaves the point of storage until it returns to the point of storage.

(p) "School session" means the official school calendar defining student-teacher contact days as required by W.S. 21-4-301.

(q) "Supplies" means expendable material items that may be consumed, worn out, or deteriorate with use, or items that lose their identity through fabrication or incorporation into different or more complex units or substances.

(r) "Trade-in value" means the value of the student transportation vehicle applied during the purchase of a new vehicle.

(s) "Transportation facility" means permanent structure owned by the school district for the purpose of operating and maintaining student transportation vehicles.

(t) "Transportation staff" means employees of the school district who work primarily in the transportation of students. Examples include:

(i) Bus aides;

(ii) Clerical support;

(iii) Crossing guards that assist students crossing streets at key locations or walking to and from school as determined by each school district;

(iv) Bus drivers;

(v) Loading zone aides;

(vi) Mechanics who maintain student transportation-related vehicles and equipment; and

(vii) Supervisor.

(u) "Travel costs" means expenditures related to transportation, meals, hotel, and expenses associated with traveling on student transportation business for the school district, including workshops, meetings, picking up student transportation vehicles if not included in the bid price, parts running, route checking, and taking vehicles to vendor facilities for service.

(v) "Vehicle" means any school bus or multipurpose vehicle (MPV) that complies with the requirements set forth in Chapter 2.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 3 Reimbursable Expenses

(a) Reimbursable transportation expenses are those amounts for the operation and maintenance of vehicles for the transportation of students to and from school, field trips, and activity trips.

(b) Reimbursable transportation expenses include:

(i) Activity trip expenses (may include the driver's room and meal costs, but do not include student and/or sponsor's expenses);

(ii) Advertising;

(iii) Administrative costs;

(iv) Allowable reimbursement for vehicle purchases that meet the requirements in Chapter 2 and Section 5 below;

(v) Communication services and equipment;

(vi) Computer expenses;

(vii) Equipment shall be kept in the transportation facility and used to support student transportation. Examples include:

(A) A service truck with a Gross Vehicle Weight Rating under 19,500 pounds and a minimum life cycle of fifteen (15) years or 200,000 miles;

(B) A snowplow mounted on the service truck;

(D) Brake repair equipment; and

(E) Diagnostic equipment.

(viii) Field trip expenses;

(ix) Insurance for student transportation vehicles, transportation service trucks and transportation facility;

(x) Lease fees, if applicable, shall be reimbursed over a period of no more than five years;

(xi) Purchased services;

(xii) Repair and maintenance;

(xiii) Salary and benefits for transportation staff;

(A) Pro rata reimbursement for personnel not devoting one hundred percent (100%) of their time to student transportation issues and operations shall be supported by clear and continuous documentation.

(B) Personnel dealing with student transportation issues and operations on a full-time basis shall be subject to one hundred percent (100%) reimbursement provided that an appropriate position description exists and an affidavit specific to the year for which reimbursement is expected, signed by the employee and the school district superintendent or school district superintendent designee, attesting to full-time involvement, is on file at the school district office. The affidavit shall be renewed annually and clearly reference the school year for which reimbursement is claimed.

(xiv) Student transportation-related memberships and subscriptions;

(xv) Supplies;

(xvi) Training or professional development expenses - food is only reimbursable when used during full-day transportation training sessions or exercises;

(xvii) Transportation facility utilities;

(xviii) Travel Costs;

(xix) U.S. Department of Transportation driver testing and examinations; and

(xx) Transportation services related to student needs including delivering meals or instructional materials during emergency situations. Emergency situations shall be declared by relevant federal, state, or tribal authorities.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 4 Non-reimbursable Expenses

Non-reimbursable expenses include:

(a) Expenses incurred as a result of busing students from a large attendance center to a small attendance center in an effort to keep the smaller attendance center open or increase its average daily membership (ADM);

(b) High school activities that do not align with the WHSAA calendar/schedule of events;

(d) Maintenance of the transportation facility or site repairs;

(e) Purchase, maintenance, repair, and supplies of non-student transportation and non-conforming vehicles, and non-approved options; and

(f) Transportation expenses for activity trips or field trips in excess of one hundred fifty (150) miles from the Wyoming border into another state.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 5 Vehicles

(a) School districts shall submit a student transportation vehicle form and receive approval from the Department before disposing of or purchasing a vehicle.

(b) No later than two weeks after the new vehicle is delivered, school districts shall submit a student transportation vehicle form along with a notarized statement from the selling dealer listing each item installed on or delivered with the vehicle and its value.

(c) For vehicles purchased outright or purchased via a lease-purchase option, the Department shall reimburse the low bid base price minus the trade-in value.

(d) When a vehicle is replaced it shall be immediately removed from the student transportation fleet. The vehicle shall be traded in or sold at fair market value.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 6 Transportation Fleet Requirements

(a) The number of student transportation vehicles in a school district's fleet shall not be increased above the fleet size existing as of February 1, 2019. The size of a school district's fleet shall be reviewed and adjusted if necessary, if the school district's ADM changes by five percent (5%) or more over a three-year period or a special circumstance necessitates a change. Justification for a change must be provided to the Department for consideration.

(b) School district fleet vehicles reaching the replacement life cycle in years or miles, shall be subject to replacement. The following life cycles shall apply to all student transportation vehicles:

Bus Type

Years

Miles

215,000

240,000

MPV

200,000

(i) The vehicle is a total loss as a result of an accident; or

(ii) The vehicle is considered in severe service and is not cost effective to keep in the fleet.

(A) Severe service is determined by appropriate documentation showing estimated repairs or actual repairs during a three-year period total more than 30% of the base price of a replacement vehicle.

(B) The condition must substantially impair the vehicle's use or produce a serious safety hazard.

(d) A school district may keep a vehicle in the fleet and continue to claim reimbursement after its replacement life cycle use limit if it is still considered safe, cost effective, and in adequate condition to transport students.

(e) Vehicles shall be replaced with a like type and size. A school district may request a different type or size of vehicle and options to be considered during the approval process.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 7 Operations

(a) Each school district shall report the actual number of fleet miles traveled.

(b) Transportation expenses shall not be reimbursed within the no transportation zone. The no transportation zone is the area encompassed by a 1.0 mile radius from school for elementary students and 2.0 miles from school for secondary students, as determined by the school district.

(i) A school board may, by official action each year, transport students within the no transportation zone if there is a barrier that prevents a student from walking to school or a safety hazard exists that could harm the student.

(ii) Examples include: rivers, railroad tracks, multi-lane roads with inadequate pedestrian crossings, or the lack of adequate walkways or pathways.

(c) Vehicles shall travel on city, county, state, and federally maintained streets and roads. County roads shall be designated as high priority maintained roads. The local school board may take official action each year to allow for travel on other roads or to not operate on unsafe roads.

(d) Routing shall be developed by each school district taking into consideration student safety and efficiency. Multiple tier routing shall be considered the norm, rather than the exception.

(e) If an MPV is used for dual purposes (student and staff travel), the school district shall declare the percentage of anticipated use for student transportation. The vehicle purchase price shall be reimbursed at that percentage of student use only.

(i) Mileage shall be recorded for the vehicle each year. A complete mileage log showing the use and number of students transported along with the beginning and ending mileage for every trip must be kept.

(ii) At the end of each year for a period of five years, a school district shall make necessary adjustments in the data submitted to the Department to reflect the actual percentage used for student transportation of the vehicle.

(f) Any non-school district group using a student transportation vehicle shall reimburse the school district for the cost of driver wages and benefits, fuel, and a cost per mile fee, as determined by the Department.

(g) Special transportation accommodations that modify Section 7(a) - (g) of these rules may be designed to meet the unique needs of a child and must be documented. Examples include: documentation in an Individualized Education Plan or a 504 plan.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 8 State Vehicle Bid Process

The specifications, pursuant to Chapter 2, for each type and size of vehicle will be used in a public procurement of student transportation vehicles. The bids received will be analyzed to determine which bids meet the specifications at the lowest responsible price.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.20.01072021 § 9 Isolation and Maintenance Payments (W.S. 21-4-401)

(a) All applicants for isolation or maintenance payments shall be a resident of the school district.

(b) No applicant is eligible for isolation or maintenance payments unless they demonstrate to the local school board that their residence in the isolated location is necessary for their financial well-being. Documents that may be used for this purpose include federal income tax returns or other income verification. The final decision shall be made by the local school board and properly documented for eligibility.

History

Effective 2021-01-07

Wyo. Code R. 206.0002.27.04201998 Montgomery Trust Fund for the Blind

CHAPTER 27

MONTGOMERY TRUST FUND FOR THE BLIND

Section 1. Authority. These Montgomery Trust Fund for the Blind rules are promulgated by the Wyoming Department of Education, State of Wyoming, in accordance with W.S. ‘25-6-101.

Section 2. Definitions.

(a) "Blind or Visually Impaired" means a visual acuity of 20/70 or less in the best eye with best correction or a visual field of 20 degrees at its widest point as determined by a professional health provider, such as an optometrist or ophthalmologist.

(b) "Department" means the Wyoming Department of Education.

"Citizens" means persons physically residing in the State of Wyoming for at least six (6) months per year with the intention to remain.

(d) "Grantee" means an individual or group of individuals or entities, public, private, or non-profit, that receives funds following submission and approval of an application as outlined in these regulations.

(e) "Advisory Board" means the Montgomery Trust Fund Advisory Board.

"Trust Fund" means the Montgomery Trust Fund for the Blind.

"SVI" means the Services for the Visually Impaired, a unit within the Wyoming Depart- ment of Education.

Section 3. Purposes. The purpose of these rules is to amend by replacement, rules of the State Board of Charities and Reform with rules of the Department relating to the Trust Fund in conformance with W.S. 25-6-101 to:

(a) Acknowledge that the Department has a fiduciary duty, legally enforceable, to apply the interest and income from the trust fund for the benefit of as many blind citizens of Wyoming as possible. It is the Department's responsibility as well as its authority to do the greatest good for the greatest number of blind citizens of Wyoming.

(b) Provide grants for the use and benefit of blind citizens in Wyoming to alleviate the condition of the blind in order that their lives be made more productive, pleasant, comfortable and enjoyable.

Section 4. Applicability. These rules and amendments thereto shall govern the operation of and use of income and interest of the Trust Fund.

Section 5. Amendment of Rules. Amendments to these rules shall be promulgated by the De- partment after consultation with the Advisory Board, and adoption as provided by the Wyoming Admin- istrative Procedures Act (W.S. 16-3-103).

Section 6. Advisory Board.

(a) The State Superintendent of Public Instruction shall appoint an Advisory Board to assist the Department, consisting of one Department staff member, three visually impaired or blind persons, and three citizens selected from various parts of the state; rotating membership to assure appro- priate continuity of membership with no member, other than the Department representative, serving more than four consecutive years.

(b) The members of the Advisory Board shall receive, when actually engaged in the performance of their duties, travel expenses, per diem, and mileage expenses in the same manner as employees of the state. These costs may be paid from the interest and income of the fund. Other admin- istrative expenses such as salaries and rent will not be paid from the interest and income of the fund.

(c) The Advisory Board shall meet at least annually at the call of the State Superinten- dent of Public Instruction and at such other times as the State Superintendent of Public Instruction and the Advisory Board shall agree.

(d) The Advisory Board shall recommend operational policies and internal procedures which provide for the selection of a chairperson and rotating membership to assure appropriate continu- ity of membership.

(e) The Advisory Board shall recommend operational policies and internal procedures which shall establish criteria for grant selection.

(f) The Advisory Board shall carry out such duties as may be required under these rules and regulations.

Section 7. Eligibility for Grants. Potential grantees must apply to the Department to use Trust Fund monies. Applications must be processed through the local SVI consultant and must be submitted in its entirety by the specified deadline in order to be considered.

Section 8. Application Procedures.

(a) Applications shall be on forms prescribed by the Department.

(b) Applications shall be received by such date(s) as the Department establishes.

(c) Application deadlines and procedures shall be widely publicized to facilitate equal access to the funds on the part of all potential grantees.

(d) The application shall include:

(i.) Name and address of applicant;

(ii.) Description of need for funds;

(iii.) Specification of need for training;

(iv.) Dollar amount requested;

(v.) Number of persons who will be served;

(vi.) Specific visual acuities of individual(s) in target population;

Documentation of an individual's visual status by a licensed optometrist or ophthalmologist. (Must be dated within one year prior to the advisory board meeting date.)

(viii.) Demonstration that Trust funds will not supplant funds available from other sources; and

(ix.) Other information that the Department requires.

Section 9. Grant Award Procedure.

SVI consultants will review applications for completeness and appropriateness based on board approved internal guidelines. Those applications that meet these guidelines shall be submitted by the department to the Advisory Board for its review and recommendation.

After considering the Advisory Board's recommendations, the Department shall do one of the following:

(i.) Grant entire request;

(ii.) Grant a portion of the request;

(iii.) Call for additional information; or

(iv.) Deny request.

Procedures for acting on applications and establishing eligibility shall be as follows:

The Advisory Board shall recommend the amount of funds to be expended for the ensuing year not to exceed the interest and income available.

(ii.) Total awards shall not exceed annual interest and income based on the current fiscal year funds, and any unused interest or income may be added to the corpus of the Trust.

(i. abA recommendation of the Advisory Board requires a majority vote of a quorum of the Advisory Board.

Section 10. Board Authorization. The Advisory Board will notify the Department of applica- tions which are recommended for approval for Trust Fund expenditures. The Department shall make the necessary determination and then arrange for official notification to grantee of approval, grant condi- tions, and the amount available to the grantee. The Department shall also notify those applicants who have been denied.

Section 11. Payment. The Department shall receive payment claims and shall arrange for pay- ment of expenditures up to the amount approved. The Department maintains the right to review claims prior to payment to assure compliance with grant conditions.

Section 12. Reporting. Within one calendar year of grant award, each grantee shall submit to the Department, on prescribed forms, a fiscal report, description of the accomplishments, successes, or failures of the project and other information. Reports shall be presented by the Department to the Advi- sory Board for its review upon request.

Section 13. Equipment. Equipment purchased by grantees as part of approved grant expendi- tures belongs to the Trust Fund. Description of the use, location, and maintenance requirements shall be outlined under the terms and conditions of each approved grant. Equipment returned to the Trust Fund shall be under the purview of the Department. The Department, after consultation with the Advisory Board, may dispose of equipment it deems no longer useful according to the procedures of the State of Wyoming governing surplus property.

History

Effective 1998-04-20

Chapter 29 Evaluation Systems for District and School Leaders and Other Certified Personnel

Wyo. Code R. 206.0002.29.04062020 Evaluation Systems for District and School Leaders and Other Certified Personnel

Chapter 29

EVALUATION SYSTEMS FOR DISTRICT AND SCHOOL LEADERS AND TEACHERS

Section 1. Authority. These rules and regulations are promulgated pursuant to Wyoming Statutes 21-2-304(b)(xv) and (xvi).

Section 2. Definitions.

(a) "Best practice" means practices that have produced positive, documented results in a similar situation and could be replicated.

(b) "Classification system" means a system of classification by which information is provided regarding the professional practice of persons being evaluated as measured against professional standards.

(c) "District leader" means a person employed as superintendent of schools by any district board of trustees or other district leader serving in a similar capacity, as determined by the local board of trustees.

(d) "Evaluation cycle" means the timelines under which the various components of an evaluation process occurs.

(e) "Formative feedback" means information communicated to a person being evaluated that is intended to modify thinking or behavior.

(f) "Locally designed district and school leader evaluation system" means a locally designed district and school leader evaluation system comprising the standards and comprehensive system components described in sections 3 and 4 of this rule, which must be evaluated and approved by the State Board of Education, prior to adoption by a board of trustees.

(g) "Multiple sources of evidence" means using more than one method or source of data to determine a person's level of performance in an area of practice or outcomes.

(h) "Performance level descriptor" means a description of the classification used to summarize the knowledge and skills associated with each performance level used in a classification system.

(i) "Professional standards" means the standards that define the knowledge, skills, and professionalism expected of persons who will be evaluated.

(j) "School leader" means a school principal or other school leader serving in a similar capacity, as determined by the local board of trustees.

(k) "Significantly amended" means a change to an evaluation system that replaces an existing system or materially changes any required component of an existing system.

(l) "Stakeholder" means an individual who is or will be directly impacted by the evaluation system.

(m) "State-defined district and school leader evaluation system" means a district and school leader evaluation system comprising the standards and comprehensive system components described in sections 3 and 4 of this rule.

(n) "Teacher" means a person who is licensed by the Wyoming Professional Teaching Standards Board (PTSB) and is responsible for providing instruction to students.

(o) "Teacher evaluation system" means a standard structure and set of procedures by which a school district initiates, designs, implements, and uses evaluations of its teachers for the purposes of professional growth and continued employment.

Section 3. District and School Leader Evaluation System Design.

(a) Every board of trustees shall adopt policies and procedures for the administration of a district and school leader evaluation system designed and implemented in accordance with this chapter. Such policies shall define the purpose and goals of the system.

(b) A district and school leader evaluation system, hereinafter referred to as a leader evaluation system, shall be one of the following:

(i) A system based on all seven (7) of the Wyoming standards for district and school leaders or standard 1 and any five (5) of the remaining six (6) standards so long as a majority of the benchmarks of each such standard are represented, which, for purposes of this chapter, is referred to as a state-defined district and school leader evaluation system or a state-defined system; or

(ii) A system based on professional standards prescribed by the board of trustees, so long as standard 1 of the Wyoming standards for district and school leaders (prescribed in section 4) is included in the board's standards. A majority of the benchmarks of standard 1 must be represented. For purposes of this chapter, this system is referred to as a locally designed district and school leader evaluation system, a locally designed system, or an alternative leader evaluation system in accordance with W.S. 21-2-304(b)(xvi).

(c) Any leader evaluation system adopted by a board of trustees, whether a state-defined system or locally designed system, shall be a comprehensive system in that, in addition to being based on professional standards, as prescribed in paragraph (b) of this section, the system's design incorporates the following comprehensive system components:

(i) Multiple Sources of Evidence - The leader evaluation system shall utilize multiple sources of evidence.

(A) Leader performance on each standard shall be evaluated using more than one source of evidence in order to provide a more comprehensive and accurate assessment.

(ii) Evaluation Cycle - The leader evaluation system shall be administered in accordance with an evaluation cycle which provides for, at a minimum:

(A) Each leader shall be evaluated at least annually; however, not every standard is required to be used for any leader's evaluation in a given year, except that standard 1 shall be used with every evaluation and all of the standards adopted by the board of trustees must be used for each leader's evaluations at least once during every five (5) year period;

(B) Each evaluation shall be carried out on a timeline established by the board of trustees, in consultation with the district superintendent, to ensure that evaluators and any person being evaluated have sufficient time to consider and complete all aspects of the evaluation cycle;

(C) The board of trustees shall evaluate any person employed as superintendent of schools in accordance with the district's evaluation policies and procedures;

(D) The district superintendent shall ensure that the evaluation of all other district leaders, principals, and other school leaders is carried out in accordance with the district's evaluation policies and procedures;

(E) Each evaluation shall be carried out in accordance with a process clearly defined by the district and which includes collaborative goal-setting, self-analysis, and information and data analysis to identify areas for professional growth; formative feedback; and a planning process during which appropriate growth opportunities and supports are identified; and

(F) Each evaluation shall conclude with a written summary of annual evaluation findings and recommendations for improvement.

(iii) Classification System - The leader evaluation system shall include a classification system designed so that there is a performance level descriptor for each professional standard that is the focus of the evaluation.

(iv) Training and Guidance Documents - The leader evaluation system shall include training on the use of the system, as well as guidance documents and training materials to support implementation and administration.

(A) Every employee of the district who is an evaluator or a person being evaluated shall be trained on using the system and any related tools and receive all guidance documents; and

(B) Training and guidance documents shall be made available to all members of the board of trustees and other employees.

(v) Quality Controls - The leader evaluation system shall include quality controls to ensure that the system is implemented and administered with fidelity.

(A) Each district shall establish procedures for the collection and appropriate use of all data; and

(B) Each district shall establish a timeline and procedures for evaluating the district's implementation of the leader evaluation system which includes a review of training, guidance documents, and other tools.

(vi) Supports - The leader evaluation system shall include supports for persons being evaluated to foster professional learning and growth, and to aid in building capacity.

(A) Every district shall establish a timeline and procedures for supporting professional learning, growth, and improvement in response to the performance of each leader.

Section 4. Wyoming Standards for District and School Leaders.

(a) Subject to the exceptions provided for in this chapter, every board of trustees shall adopt the following professional standards and associated benchmarks for the annual evaluation of district and school leaders pursuant to W.S. 21-3-110(a)(xxx).

(i) Standard 1 - Clear and consistent focus on maximizing the learning and growth of all students:

(A) In collaboration with others and in alignment with district strategic priorities, use appropriate data to establish rigorous, concrete goals in the context of student achievement and instructional programming.

(B) Ensure the alignment of the assessments to district identified prioritized standards used to track student growth and achievement over time.

(C) Use multiple data measures appropriately within the technical limitations to monitor students' progress toward learning objectives to improve instruction.

(D) Ensure a system of accountability for students' academic success and career readiness.

(E) Develop and maintain longitudinal data and communication systems to deliver actionable information for district, school, and classroom improvement.

(F) Lead the implementation of a high-quality student support and assessment system.

(G) Ensure high expectations for achievement, growth, and equity in opportunities for all students.

(H) Work with staff to evaluate and use data to improve student achievement.

(ii) Standard 2 - Instructional and assessment leadership:

(A) Focus on student learning by leading the implementation of a rigorous, relevant, and prioritized curriculum and assessment system.

(B) Work collaboratively to implement a common instructional framework that aligns curriculum with teaching, assessment, and learning and guides teacher conversation, practice, observation, evaluation, and feedback.

(D) Ensure that there is differentiation, personalization, intellectual stimulation, collaboration, authenticity, and recognition of student strengths in instructional practice.

(E) Promote the effective uses of technology to support teaching and learning.

(F) Ensure the use of formative assessment data to inform instruction.

(iii) Standard 3 - Developing and supporting a learning organization:

(A) Effectively lead the implementation of a high-quality educator support and evaluation system that advances the professional growth of their staff.

(B) Have a solid understanding of adult learning and ensure that all adults have the knowledge, skills, and dispositions necessary to promote student success.

(C) Create and/or support collaborative learning organizations to foster improvements in teacher practices and student learning.

(D) Guide implementation of improvement initiatives and provide the time and support for these initiatives to achieve desired outcomes.

(E) Lead the evaluation of new and existing programs as part of a continuous improvement process.

(F) Cultivate the ability of teachers and other members of the community to become leaders by providing assistance and leadership opportunities.

(G) Facilitate high functioning groups of faculty and staff.

(iv) Standard 4 - Vision, mission, and culture:

(A) Use relevant data and collaborate with members of the school, district, and community to create and endorse a vision for the achievement of every student.

(B) Articulate, advocate, and cultivate core values that define the school's and district's culture.

(C) Create and maintain a positive climate with a trusting, safe environment that promotes effective student learning and adult practice.

(D) Collaboratively evaluate the mission and vision, modifying them based on changing intentions, opportunities, demands, and positions of students, staff, and community.

(v) Standard 5 - Efficient and effective management:

(A) Recruit, hire, support, develop, and retain effective teachers and other professional staff and form them into an effective team.

(B) Facilitate the adaptation and monitoring of operational systems and processes to ensure a high-performing organization that includes clear expectations, structures, rules, and procedures for effective and efficient operations focused on high-quality teaching and learning.

(C) Limit the number of initiatives and ensure that whatever programs and strategies are implemented in their school and district are supported by the best research available and are aligned to school and district plans.

(D) Use appropriate strategies to guide their organizations through change (e.g., first- and second-order change strategies).

(E) Support the learning of all students by appropriating and regulating monetary, human and material supplies, time, equipment, technology, and alliances with school and district goals.

(F) Ensure the expectation that students, staff, and the school and district operate within the guidelines of federal, state, and local laws, policies, regulations, and statutory requirements.

(vi) Standard 6 - Ethics and professionalism:

(A) Lead with integrity.

(B) Establish a culture in which ethical behavior is expected and practiced by all faculty, staff, students, and volunteers.

(D) Evaluate the potential ethical, legal, and precedent-setting consequences of decision-making.

(vii) Standard 7 - Communication and community engagement:

(A) Advocate and effectively communicate with a range of individuals, from students and teachers to parents and members of the larger community, including media, to advance the organization's vision and mission.

(B) Implement and maintain policies to establish working relationships with the community and media to garner support and build consensus for school and district goals.

(C) Use community engagement efforts to identify and share successes and to address challenges for the benefit of students.

(D) Are easily approached, available, and inviting to students, staff, and community.

(E) Are intentional about considering improvement ideas from outside the school system.

Section 5. District and School Leader Evaluation System Implementation and Administration.

(a) On or before February 1, 2019, the board of trustees shall notify the State Board of Education of its election to implement and administer either a state-defined district and school leader evaluation system or a locally designed district and school leader evaluation system for the evaluation of district and school leaders during the 2018-2019 school year as required by W.S. 21-3-110(a)(xxx).

(i) With such notice, a board of trustees that elects to adopt a state-defined system shall provide an assurance that district and school leader evaluations will be based on standards that meet the requirements of section 3(b)(i) of this chapter.

(ii) A board of trustees that elects to adopt a locally designed system shall receive conditional approval from the State Board prior to adoption by submitting to the Department, on behalf of the State Board, the following:

(A) The board's leader professional standards and associated benchmarks, developed in accordance with section 3(b)(ii) of this Chapter, which, upon approval shall be deemed performance standards identified or established by the State Board of Education pursuant to W.S. 21-2-304(b)(xvi);

(B) A description of the extent to which those standards are the same as or similar to the standards that are part of the state-defined system; and

(C) An assurance that the board will submit additional information on its leader evaluation system for full approval, as described in paragraph (b) of this section, by June 1, 2019.

(b) On or before June 1, 2019, a board that is implementing a locally designed system that has been conditionally approved by the State Board, shall submit the following for State Board review and full approval prior to administration during the 2019-2020 school year and subsequent school years:

(i) The purpose and goals of the evaluation system;

(ii) Evidence that the district's standards reflect best practice; and

(iii) Evidence of system quality as demonstrated by adherence with the comprehensive system component requirements of section 3(c) of this chapter, which may include leader evaluation system policies adopted by the board and procedures developed for administration of the system.

The State Board of Education will approve any locally designed system that it determines to be of sufficient quality on the basis of the strength of the evidence submitted. If the State Board finds the evidence submitted to be insufficient for approval, additional information may be requested for consideration.

(c) On or before November 1, 2019, and by the same date each year thereafter, the board of trustees shall provide the Department, on behalf of the State Board, with an assurance that the board has adopted and implemented, and is continuing to administer during the current school year, a leader evaluation system that is a state-defined system or an approved locally designed system and that meets all of the requirements for such a system as prescribed by section 3 of this chapter.

(d) Following any revision of the Wyoming district and school leader standards prescribed by section 4 of this chapter, the assurance required by paragraph (c) shall include an assurance that the district has modified its system as necessary to ensure continued alignment with any of the Wyoming district and school leader standards that are included in the board's leader evaluation system.

(e) Any board of trustees that elects to adopt a locally designed system after June 1, 2019, shall submit its system for State Board review and approval prior to adoption in accordance with the requirements established by paragraphs (a)(2)(A) and (B) and paragraph (b) of this section.

Section 6. Teacher Evaluation System Design and Documentation.

(a) Each board of trustees shall adopt, implement, and administer, subject to State Board approval as described in section 7, a comprehensive teacher evaluation system designed to measure the effectiveness with which teachers perform their roles. The comprehensive teacher evaluation system shall serve as a basis for:

(i) Improvement of instruction;

(ii) Enhancement of curriculum program implementation;

(iii) Individual teacher performance and professional growth; and

(iv) Determining the performance level of all teachers.

Such measures shall be used to determine unsatisfactory teacher performance that may lead to dismissal, suspension, and termination proceedings.

(b) Each district teacher evaluation system shall meet the following requirements:

(i) District adopted professional standards are considered best practice.

(ii) Teacher performance is evaluated using more than one source of evidence relevant to the nature of each teacher's position.

(iii) The district's professional standards and multiple sources of evidence as described in subsections (b)(i) and (b)(ii) above, as well as any other instruments and processes the district has developed, are used to determine the evaluation classification.

(iv) The classification system must include criteria by which a teacher is classified as effective.

(v) Teacher evaluations are carried out in accordance with the district's evaluation cycle for both initial and continuing contract teachers and in accordance with W.S. 21-3-110(a)(xvii) and 21-3-110(a)(xviii).

(vi) Stakeholders are involved in the development of the teacher evaluation system and any subsequent revision.

(vii) The district takes steps to ensure the system is equitable and is implemented with fidelity, including:

(A) There are procedures for the collection of data providing for, at a minimum, data security, privacy, and the appropriate use of all data;

(B) Data and other evidence are collect and analyzed; and

(C) Evaluators and those being evaluated are trained on the use of the teacher evaluation system and provided with guidance documents and training materials to support implementation and administration.

(viii) There are procedures for supporting professional learning, growth, and improvement in response to the performance evaluation of each teacher.

Section 7. Teacher Evaluation System Submission, Review, and Approval.

(a) On or before July 1, 2020, each district shall either:

(i) Notify the Department of intent to implement or continue administration of a comprehensive teacher evaluation system that meets the requirements described in section 6, and submit documentation described in subsection (d) for review; or

(ii) Notify the Department of intent to redesign the district's teacher evaluation system to meet the comprehensive teacher evaluation system requirements described in section 6.

(b) On or before July 1, 2021, a district that elects to undertake a teacher evaluation system redesign pursuant to subsection (a)(ii), shall submit documentation described in subsection (d) for Department review and State Board approval.

(c) A district shall continue to administer its previously approved system until the school year immediately following receipt of approval by the State Board of the district's submission of documentation described in subsection (d). Unless otherwise indicated by the State Board, a system approved pursuant to subsection (e) is to be implemented in the school year immediately following approval.

(d) A district's teacher evaluation system submission must include the following, in addition to any information and data requested by the Department that is needed to clarify submission information:

(i) Professional standards on which the district evaluates teachers, presented in an understandable format and described with specificity regarding the district's expectations for teacher performance.

(ii) Evidence that each professional standard reflects best practice.

(iii) A list or examples of evidence to be used for each professional standard.

(iv) A description of how the evaluation process is designed to support individual professional growth and to identify areas for improvement.

(v) A description of the evaluation cycle, including information on the timing and frequency of observations, types of assistance or remediation provided.

(vi) A description of the classification system for identifying teachers whose performance meets the district's definition of effective teaching and those at other levels of performance.

(vii) A description of the training provided to evaluators and those being evaluated.

(viii) A list of the stakeholders involved in the development of the teacher evaluation system and any subsequent revisions, as well as a description of stakeholder involvement.

(ix) A description of the data and procedures the district uses to collect and analyze evidence to ensure that the system is equitable and is implemented and administered with fidelity.

(e) After the complete submission by any district of all of the documentation described in subsection (d), the Department shall conclude its review of the submission and the State Board shall make a determination regarding the extent to which the submission meets the comprehensive teacher evaluation system requirements established in section 6. The State Board will issue a decision that the teacher evaluation system has received:

(i) Full approval;

(ii) Conditional approval with conditions noted for remediation; or

(iii) Disapproval with deficiencies noted.

With any decision of conditional approval or disapproval, the State Board will inform the district of the timeline and any other requirements for remediation or resubmission.

(f) If, at any point, a district subsequently significantly amends its teacher evaluation system, the district shall then resubmit all of the documentation described in subsection (d) for approval by the State Board.

Section 8. Technical Assistance. Technical assistance will be made available to school districts by the Department and other partners to help them develop and implement evaluation systems that comply with the requirements of this chapter and to support districts with the ongoing evaluation system improvement.

History

Effective 2020-04-06

Chapter 30 Private School Registration / Licensing for Private Degree Granting Post-Secondary Education Institutions

Wyo. Code R. 206.0002.30.03142011 Private School Registration / Licensing for Private Degree Granting Post-Secondary Education Institutions

TABLE OF CONTENTS

Section 1. Authority. 30-1

Section 2. Purpose. 30-1

Section 3. Applicability. 30-1

Section 4. Promulgation, Amendment or Repeal of Rules. 30-1

Section 5. Definitions. 30-1

Section 6. Registration. 30-2

Section 7. Registration Requirements for Accredited Institutions. 30-4

Section 8. Registration Requirements for Candidate/Applicant Institutions. 30-4

Section 9. Registration of Agents. 30-5

Section 10. Suspension, Revocation, Non-renewal of Registrations / Licenses. 30-6

Section 11. Appeal Procedures. 30-7

Section 12. Penalties and Prohibitions. 30-7

Section 13. Exemptions.

CHAPTER 30

Private School Registration / Licensing for Private Degree Granting Post-Secondary

Education Institutions

Section 1. Authority.

These rules are promulgated pursuant to Wyo. Stat. §§ 21-2-202(a)(i) and 21-2-401 through 21-2-407.

Section 2. Purpose.

The purpose of these rules is to establish a process and procedure for the regulation, operation and registration of private degree granting post secondary education institutions and implement the provisions contained in Wyo. Stat. §§ 21-2-401 through 21-2-407.

Section 3. Applicability.

These rules govern the operation of all private degree granting post secondary education institutions which operate or do business in the State or intend to operate and do business in the State. These rules do not apply to those organizations and institutions specifically exempt by law, as contained in Wyo. Stat. § 21-2-406.

Section 4. Promulgation, Amendment or Repeal of Rules.

The promulgation, amendment or repeal of rules shall become effective as provided by the Wyoming Administrative Procedure Act (Wyo. Stat. §§ 16-3-101 through 16-3-115).

Section 5. Definitions.

(a) "Accredited" means accredited by an accrediting agency recognized by the United States Department of Education.

(b) "Agent" means any person representing a private degree granting post secondary education institution, who solicits business or students in any public school within the State. This includes those individuals employed to solicit resident students by schools or institutions located outside the State which are similar to schools or institutions specified under Wyo. Stat. § 21-2-402.

(c) "Applicant" means any private degree granting post secondary education institution seeking registration by the Department under these rules.

(d) "Attorney General" means the Attorney General of the State of Wyoming.

(e) "Candidate institution" means a private degree granting post secondary education institution licensed to operate or to business under Wyo. Stat.§ 21-2-401 et seq. prior to July 1, 2006 that is a candidate for accreditation or institution otherwise in the application process that has applied for accreditation with an accrediting agency recognized by the United States Department of Education and is being considered for candidacy status for accreditation by that association and is in the process of gathering information and performing activities requested by that association to complete the application process.

(f) "Degree" means any award, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate.

(g) "Department" means the Wyoming Department of Education as established by Wyo. Stat. § 21-2-204.

(h) "Distance education" means the teacher and student are physically separated by time or space and connected by means of communications source used to provide synchronous or asynchronous instruction.

(i) "Private degree granting post secondary education institution" means any institution, all trade, correspondence, distance education, technical, business, or other private schools, offering a degree, earned or honorary, conferred with the designation of associate, baccalaureate, master, professional, specialist or doctorate; may be referred to as "institution" in this document.

(j) "Proof of accreditation" means a statement of affiliation status, a certificate of accreditation, or formal notification from a recognized accreditation agency as accepted by the Department.

(k) "Prospective institutions" means an accredited private degree granting post secondary education institution that has not obtained registration from the Department that enters with the intent operating and doing business in the state of Wyoming.

(l) "Recognized accreditation agency" means an accrediting agency recognized by the United States Department of Education.

(m) "Registration" means a non-transferable certificate granted and issued by the Wyoming Department of Education to a private degree granting post secondary education institution.

(n) "Superintendent" means the Wyoming State Superintendent of Public Instruction as established by the Wyo. Const. Art. 7, § 14 and Wyo. Stat. § 21-2-201.

Section 6. Notice of Intent for Prospective Institutions.

(a) All prospective institutions shall notify the Department in the manner and form prescribed by the Department prior to commencing operation, soliciting students or enrolling any students in any manner in Wyoming.

(b) Notification shall be in the manner and form prescribed by the Department, but shall at a minimum include the following:

(i) A performance bond or letter of credit in the amount of ten thousand dollar ($10,000) that is approved as to form by the Attorney General. The following applies to any performance bond or letter of credit obtained for purposes of this subsection:

(A) The performance bond or other form of security shall be maintained continuously while operating as a prospective institution.

(B) The Department shall be the custodian of all bonds and other securities filed under this Section and may render administrative, but not legal assistance, to all aggrieved persons who may be entitled to relief under the bond.

(C) A finding by the Department that any institution practiced fraud, made any fraudulent representation, or violated any statute, rule or regulation relating to the application for registration or operation of the institution may result in forfeiture of the full amount of the bond and the inability of the institution to obtain registration.

(ii) Official documentation or other verification of accreditation by an accrediting association recognized by the United States Department of Education

(iii) Identification of the business structure to be utilized (i.e. partnership, limited liability, corporation etc.);

(iv) Identification of a registered agent as required by the Wyoming Secretary of State's Office for business registration purposes;

(v) Anticipated timeline for application to the Department for registration;

(vi) Identification of any facilities necessary for operation;

(vii) General description of courses to be offered;

(viii) Identification of prospective student population, by type and number;

(ix) List of business contacts located in Wyoming; and,

(x) Description of financial feasibility.

(c) Notification of the Department by prospective institutions does not constitute registration. Prospective institutions shall not communicate in such a manner that would lead to the conclusion that the institution is in any way registered or licensed by the Department prior to complying with Section 7 of these Rules and Regulations and obtaining official documentation from the Department that indicates such a status.

(d) Within ten (10) business days, the Department shall respond to a prospective institution with a letter which indicates one of the following:

(i) The prospective institution may proceed with application for registration as an accredited private degree granting post secondary education institution in accordance with Section 7 of these Rules;

(ii) Additional information is necessary prior to proceeding with registration; or,

(iii) The prospective institution may not continue with application for registration under Chapter 30. In this event, the Department shall state the reason why Chapter 30 is not applicable.

(iv) In no event shall a prospective institution operate or do business in the state of Wyoming in excess of three (3) calendar months after notification to the Department without obtaining registration as a private degree granting post secondary education institution in accordance with Section 7 of these Rules.

Section 7. General Registration Requirements for all Institutions.

(a) All private degree granting post secondary education institutions shall apply annually to the Department for registration or renewal of registration in accordance with the statutes, rules and regulations and policies of the Department.

(b) The registration granted to a private degree granting post secondary education institution shall be valid for a period of one (1) year, which will be measured from the first day of July preceding the date on which the registration was issued.

(c) Applications and renewals for registration with the Department shall be in the manner and form prescribed by the Department.

Section 8. Registration Requirements for Accredited Institutions.

(a) Institutions accredited by an accrediting agency recognized by the United States Department of Education shall submit the following information or documents to the Department for consideration for registration:

(i) Complete and accurate registration application in the form and manner prescribed by the Department;

(ii) Official documentation or other verification of accreditation by an accrediting association recognized by the United States Department of Education; and

(iii) An annual registration fee of one hundred dollars ($100.00) in the form of a certified check payable to the "Wyoming Department of Education."

Section 9. Registration Requirements for Candidate/Applicant Institutions.

(a) Candidate institutions shall submit the following information or documents to the Department for consideration for registration:

(i) Complete and accurate registration application in the form and manner prescribed by the Department of Education;

(ii) Official verification or proof of acceptance as a candidate or applicant for accreditation by a recognized accrediting agency;

(iii) An annual registration fee of one thousand dollars ($1000.00) in the form of a certified check payable to the "Wyoming Department of Education";

(iv) A performance bond or letter of credit in the amount of ten thousand dollar ($10,000) that is approved as to form by the Attorney General. The following applies to any performance bond or letter of credit obtained for purposes of this subsection:

(A) The performance bond or other form of security shall be maintained continuously while registered as a candidate institution.

(b) For registration by the Department as a candidate institution, in addition to submitting the required application and documentation, the candidate institution shall assist the Department in development of a plan that monitors the progress of the candidate institution towards obtaining accreditation. The plan shall:

(i) Include a detailed timeline specifying the critical milestones to be undertaken by the candidate institution to obtain accreditation and the time that is necessary to complete each item;

(ii) Be signed by the Department and the candidate institution and serve as a formal agreement between the parties to ensure the milestones are accomplished in accordance with the terms of the plan to maintain registration as a candidate institution;

(iii) Include a provision which requires the candidate institution to provide a copy of any and all correspondence or documents, which relate to the accreditation or applicant or candidacy status of the institution, to the Department in a timely manner.

(c) The candidate institution shall submit annual progress reports with the annual renewal registration which outlines the progress of the candidate institution towards accomplishing the items identified in the plan. The progress report shall include documentation from the accrediting agency which supports progress towards, or accomplishment of, the tasks identified in the plan. Progress toward obtaining accreditation in accordance with the plan outlined in Subsection (b) shall be made to maintain registration as a candidate institution.

(d) The period of registration as a candidate institution shall not exceed five (5) years and shall expire at the end of the five (5) year period or at the time the applicant is refused candidacy or application status or accreditation by the accrediting association, or otherwise loses candidacy or application status, whichever occurs first. The candidate institution shall not operate or conduct business in this State upon expiration of the five (5) years or loss of candidacy or application status for accreditation.

(e) Exceptions may be granted to the five (5) year limitation upon a determination by the Department that good cause has been demonstrated by the applicant and an extension or an exception is necessary and appropriate. Good cause does not exist and shall not be recognized by the Department for the following reasons:

(i) Change of ownership, management or instructional staff by the applicant;

(ii) Change of location of the applicant's campus;

(iii) Change of programs of instruction;

(iv) Change of financial status of applicant;

(v) Change of name of institution; or

(v) Change of accrediting agency prior to achieving accreditation;

(f) Requests for exceptions to the five (5) year limitations shall be made in the writing and in the form and manner prescribed by the Department.

(i) The Department shall respond to a request for an extension of the five (5) year limitation in writing.

(ii) In the event the request is denied, the response shall state the reasons for denial.

(iii) In the event the request is granted, the Department shall state the appropriate reason for the exception and shall identify a period of time for which the exception applies.

(iv) In no event shall an exception be granted in excess of one (1) year from the time it is requested. Consecutive exceptions may be requested for good cause, but the Department shall re-visit the exception request no less than once annually to determine if it is still appropriate.

Section 10. Registration of Agents.

(a) Prior to soliciting business or resident students in any public school within the State, an agent shall submit the following documentation and items to the Department for consideration for registration as an agent:

(i) Complete and accurate application for registration as an agent in the form and manner prescribed by the Department of Education;

(ii) An annual registration fee of one hundred dollars ($100.00) in the form of a certified check payable to the "Wyoming Department of Education";

(iii) Copies of any documentation intended for distribution;

(iv) Brief description of market or school targeted and approach for solicitation.

Section 11. Suspension, Revocation, Non-renewal of Registrations / Licenses.

(a) The Department may suspend, revoke or choose not renew the registration or licensure of any private degree granting institution subject to the requirements of the Wyoming Administrative Procedure Act (Wyo. Stat. §§ 16-3-101 through 16-3-117).

(b) Suspension, revocation and non-renewal proceeding shall be instituted in the following instances:

(i) Loss of accreditation status;

(ii) Loss of accreditation candidacy or application status;

(iii) Failure to maintain the required bond;

(iv) Violation of any rule, regulation or federal or State statute;

(v) Other instances when necessary to protect the interests of the State or its citizens.

(c) The institution shall be given ten (10) business days from the date the notice was post-marked to demonstrate compliance with all lawful requirements to retain its license or registration.

(d) The Department shall notify the institution or its agent of the decision to revoke, suspend or not renew a license or registration by certified mail, receipt requested.

(e) The date for purposes of calculating the various timelines related to the notice of suspension, revocation or non-renewal shall be the date as evidence by the postmark on the notification of suspension, revocation or non-renewal.

(f) The notification of suspension, revocation or non-renewal shall contain the following provisions:

(i) The facts or conduct which warrant the intended action;

(ii) The institution will be given ten (10) business days to demonstrate compliance with all lawful requirements for retention of the license or registration;

(iii) The institution has the ability to request a contested case proceeding, within forty-five (45) days of the date postmarked on the notice, to appeal the Department's decision to revoke, suspend or not renew the institution's license or registration in accordance with the provisions of the Wyoming Administrative Procedure Act (Wyo. Stat. § 16-3-101 et seq).

Section 12. Appeal Procedures.

(a) The institution has forty-five (45) calendar days from the post-marked date on the notice to request a contested case hearing regarding the license or registration revocation, suspension or non-renewal. Any requests made after the forty-five (45) day period will not be granted unless "good cause" had been demonstrated.

(b) Contested case proceedings shall be conducted in accordance with the Department's rules and regulations and the Wyoming Administrative Procedure Act (Wyo. Stat. § 16-3-101 et seq.).

(c) License suspension, revocation or non-renewal shall become effective upon expiration of the forty-five (45) day period or conclusion of a contested case proceeding if the Department finds the suspension, revocation or non-renewal is warranted by the substantial weight of the evidence.

Section 13. Penalties and Prohibitions.

(a) Any person violating the provisions of Wyo. Stat. § 21-2-401 et seq. is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), by imprisonment in the county jail not to exceed six (6) months, or both.

(b) Each solicitation of enrollment or each transaction of business without a license, registration certificate or without providing notification to the Department constitutes a separate offense.

(c) Any person violating the provisions of the applicable statutes and rules and regulations may also be enjoined from the continuation of the violation by proceedings brought by the Attorney General, any district attorney, any school official or any aggrieved citizen, regardless of whether criminal proceedings have been instituted.

(d) No private degree granting post secondary education institution shall file an application for registration, nor shall any registration be granted to any institution, where the institution has any past or present common ownership, management, marketing or other operation of any kind with an institution whose license or registration has been suspended, revoked or not renewed under these Rules.

(e) No official or employee of the Department, any college or university within the State or any school district within the State shall permit the school or institution, or proprietor or agent thereof, to solicit business in any public school within the State and/or provide any list of students or other list of prospects to the school, institution or proprietor or agent thereof unless the school or institution, or proprietor or its agent is currently licensed, registered or has provided notification as required under these rules and regulations

(f) No school or institution licensed, registered or providing notification in accordance with these rules shall claim or advertise to prospective or enrolled students that it is accredited in the United States unless the named accrediting association, commission or other entity is approved by the United States Department of Education and the institution is registered by the Department in accordance with rule, regulation and statute.

Section 14. Exemptions.

(a) The following schools and institutions are exempt according to statute from the above requirements and registration with the Department is not necessary:

(i) Any parochial, church or religious school as defined by Wyo. Stat. § 21-4-101(a)(iv) which is maintained by a church, religious denomination or religious organization comprised of multi-denominational members of the same recognized religion, lawfully operating the school or institution pursuant to applicable laws governing its organization and the school or institution:

(A) Offers elementary and secondary education programs only; or

(B) Operates as a degree granting post secondary education institution, provides instruction through means not defined as distance education and the institution:

(I) Issues diplomas or degrees restricted to the beliefs and practices of the affiliated church, religious denomination or religious organization and includes a statement on the face of issued diploma or degrees and course transcripts referencing the theological or religious nature of the subject area for which any diploma or degree is awarded, clearly reflecting the nature of the diploma title as "Diploma of Religious Studies" or "degree title as "Associate of Religious Studies", " Associate of Arts of Religious Studies", Bachelor of Religious Studies" or "Bachelor of Arts of Religious Studies";

(II) Annually files with the Department evidence of nonprofit religious organization status for purposes of federal taxation and organization under the laws of Wyoming in the manner and form required by the Department;

(C) Any institution not operating on or before March 3, 2010, shall report to the Department any degree which the institution will award and the religious affiliation that the institution maintains in not less than sixty (60) days prior to first issuing any degree or diploma as a religious institution in accordance with Section 13(a)(i) of these Rules. This notification shall be in writing and in the manner and form prescribed by the Department.

(ii) A home-based educational program as defined by Wyo. Stat. § 21-4- 101(a)(v);

(iii) Aircraft flight training schools approved and authorized by the federal aviation agency of the United States of America; or

(iv) A non-degree granting school teaching techniques of outdoor recreation, leadership, ecology or conservation domiciled in the State of Wyoming.

History

Effective 2011-03-14

Chapter 32 Charter Schools

Wyo. Code R. 206.0002.32.04142025 § 1 Authority

These rules are promulgated by the Wyoming Department of Education under the authority of Wyoming Statute 21-3-307(d).

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 2 Definitions

(a) "Accreditation requirements" means the criteria defined in Chapter 6 rules applicable to all public schools in Wyoming.

(b) "Artifacts'' means data, print documents, videos, photographs, digital files, self-ratings, survey results, focus group results, research, strategies, plans, reports, or models.

(c) "Assurance" means a statement of attestation that the charter school will comply with a specific legal requirement or regulation.

(d) "Authorizer" means a school district board or the Wyoming Charter School Authorizing Board.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 3 Written Application

(a) The written application shall meet these requirements:

(i) Twelve (12) point, Calibri font.

(ii) Letter size paper with one (1) inch margins.

(iii) Consistently formatted and easily readable, with pictures, graphics, tables, charts, etc. used appropriately throughout the document.

(iv) Includes all supporting artifacts.

(v) Includes a table of contents and sequential page numbers.

(vi) Submitted electronically in .pdf format.

(b) Complete applications shall include the following components and all applicable subparts:

(i) Component 1 - Management and Planning

(A) Purpose, Mission, and Model

(B) Applicant, Governing Board, and Administration

(D) Academic Plan

(E) Community Support

(F) Stakeholder Communications

(ii) Component 2 - Resources and Operations

(A) Buildings and Facilities

(B) Financial Resources

(D) Calendar and Schedule

(E) Transportation and Nutrition

(F) Data, Records, and Insurance

(iii) Component 3 - Educational Program

(A) School Leadership

(B) Learning Environment

(D) Instruction

(E) Learning Supports

(F) Student Discipline

(G) Graduation (Applicable only to high schools)

(H) Full-Time Virtual Charter Schools (If applicable)

(i) Information required in W.S. 21-3-307(a)(i) through (xxvi);

(ii) Information required in W.S. 21-3-308(c);

(iii) Information describing and documenting how the applicant's planned education programs and operations align with Wyoming accreditation requirements; and

(iv) Assurances as specified in the application.

(d) If an application remains incomplete after the applicant has been notified and provided an opportunity to correct it according to W.S. 21-3-307(b) and Section 6 of this chapter, the authorizer may deny the incomplete application.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 4 In-Person Interview

(a) The authorizer shall interview all applicants who submitted complete written applications.

(b) The authorizer shall determine the interview questions and process.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 5 Public Hearing

The authorizer shall establish the public hearing process.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 6 Application Timeline

(a) All applications, regardless of the authorizer, shall be submitted to the Department. Applicants to the Wyoming Charter School Authorizing Board shall additionally provide a copy of the application to the school district within which the charter school will be located.

(b) Each applicant shall use the most current application form, which is dated that calendar year.

(c) Charter school applicants shall submit applications to the Department from March 1 through March 31. Applications submitted in 2025 shall be accepted up to 30 days after rules become effective.

(d) The Department shall forward the application to the intended authorizer.

(e) If the Wyoming Charter School Authorizing Board is the intended authorizer, the Department shall review the application for completeness.

(f) Authorizers shall notify applicants within thirty (30) days of submission whether the application is complete or incomplete.

(g) If the application is incomplete, the applicant shall have 15 days from the date of notification to resubmit a completed application. If the resubmitted application is still incomplete, the authorizer may deny the application as provided in Section 3(e) of this chapter.

(h) The Department shall review written applications submitted to the Wyoming Charter School Authorizing Board and submit a written report to the Wyoming Charter School Authorizing Board within 30 days after the Department concludes that the application is complete. The report shall state whether the application shows that the applicant's operations will conform to the Department's accreditation requirements reflected in its General Agency, Board, or Commission rules, Chapter 6.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 7 Application Submission

(a) The same written application shall be used for all types of charter schools, including in-person schools and online-only schools.

(b) Applications shall be submitted through an electronic form on the Department website that provides a time and date stamp.

(c) The applicant shall electronically sign through its authorized representative attesting that the information provided is accurate.

(d) Applications shall be reviewed in the order in which they are received.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 8 Application Approval or Denial

(a) The decision to approve or deny the application shall be determined solely by a majority vote of the authorizer's governing body in a public meeting.

(b) The approval or denial decision shall be based on the written application, the interview, and the public hearing, including associated written comments outside the application.

(c) An authorizer is not required to approve any charter school applications, and may require an applicant to modify or supplement an application as a condition of approval. The authorizer shall incorporate the revised application into the charter contract.

(d) If an application has been denied, the applicant may not reapply until the next open application period.

(e) Charter school applicants may apply to only one (1) authorizer at a time.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 9 Waivers

(a) If an authorizer approves a charter school application that contains a State Board of Education waiver of statutory requirements or State Board rules allowed under W.S. 21-3-304(g), application approval may be contingent on the State Board granting the waiver. The applicant shall submit a waiver request to the State Board of Education no later than ten (10) days after the application is approved.

(b) The State Board shall consider the waiver request at its next available regular meeting, but may postpone consideration until the following meeting if the next meeting is within fifteen (15) days after it receives the waiver request.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 10 Renewal Application

(a) The renewal application prescribed by the Department shall include:

(i) Charter school progress report as articulated in W.S. 21-3-309(b)(i).

(ii) Charter school financial statement as articulated in W.S. 21-3-309(b)(ii).

(b) Renewal applicants may include the following as part of their renewal application:

(i) Additional evidence not contained in the report required by subsection (a) of this section.

(ii) A description of improvements planned or undertaken.

(iii) Plans for the next charter term.

History

Effective 2025-04-14

Wyo. Code R. 206.0002.32.04142025 § 11 Disputes over the completeness of an application

(a) Should the authorizer and the applicant disagree over the completeness of an application and either party refuses to mediate:

(i) Each party shall submit to the State Board of Education, through the Department, a letter no longer than five (5) pages establishing why they believe the application is either complete or not complete; and

(ii) The charter school applicant shall submit to the State Board of Education the portion of the application under dispute.

(b) The parties shall submit the materials required in subsection (a) of this section no later than two (2) weeks after either party notifies the state board of education and the other party in writing that mediation has been refused.

(c) The State Board shall consider each party's position at its next available regular meeting, but may postpone until the following meeting if the next meeting is within fifteen (15) days after it receives the required materials.

History

Effective 2025-04-14

Chapter 34 Elementary Foreign Language Instruction Pilot Program

Wyo. Code R. 206.0002.34.04252005 Elementary Foreign Language Instruction Pilot Program

Wyoming Department of Education

CHAPTER 34

Rules on Elementary Foreign Language Instruction Pilot Program

Section 1. Authority. These rules are promulgated pursuant to 2004 WYO. SESSION LAWS, CH. 115.

Section 2. Applicability. These rules set forth the requirements and application procedures elementary schools must follow in order to be eligible to participate in the Elementary Foreign Language Instruction Pilot Project. The rules describe minimum programmatic requirements, define timeframes for submitting the application and notification of eligibility, provide definitions, and identify supports to be provided to eligible schools by the Wyoming Department of Education. These rules become effective when filed with the Secretary of State.

Section 3. Promulgation, Amendment or repeal of Rules. Any amend-ment shall become effective as provided by the Wyoming Administrative Procedure Act (W.S.16-3-101 through 16-3-115).

Section 4. Definitions.

(a) "Department" means the Wyoming Department of Education.

(b) "International Elementary School" is a public elementary school in the state of Wyoming that has applied for and been accepted as a participant in the foreign language instruction pilot program.

(c) "Language-proficient Person" is a person who meets programmatic requirements for proficiency in the Spanish language.

(d) "Foreign Language Paraprofessional" is a language-proficient person who has been hired to work with classroom teachers in an eligible school to provide language instruction and to reinforce and extend technology-supported materials provided by the Department and used in the pilot program.

(e) "Pilot Program" describes the foreign language materials, structure, procedures, and assessments to be used by Wyoming international elementary schools.

(f) "Alternate Pilot Program" is a program utilizing alternate materials and staffing patterns found to be promising at the kindergarten through grade six level that also meets the requirements for instructional time and assessment set forth in these rules and Department guidelines for this pilot program. If possible, alter-nate pilot programs will involve classroom instruction delivered by teachers certified in foreign language instruction.

(g) "Guidance" means guidance and instruction issued by the Department which accompany the application for the grant described within these rules and include instruction on reimbursement.

Section 5. Programmatic Requirements.

(a) Schools applying to participate in the program described herein must assure the Department they will adhere to the following requirements:

(i) At a minimum, commit 80 minutes per week of foreign language instruction for each student in grades kindergarten through second;

(ii) At a minimum, commit 100 minutes per week of foreign language instruction for each student in grades third through sixth;

(iii) Assure the participation of classroom teachers, certified foreign language teachers, administrators, and foreign language paraprofessionals in initial pilot program training and ongoing professional development provided by the Department;

(iv) Participate in gathering data and assessing student learning in the foreign language taught, adhere to deadlines, and provide information to the Department in the manner prescribed in guidelines;

(v) Support and fully participate in the pilot program through school year 2009-2010, or until terminated by the Department.

(b) The Department will support participating schools with the following resources:

(i) Technology-supported instructional materials for grades kinder-garten through sixth provided for at least one new grade level each year begin-ning in school year 2004-05;

(ii) Initial and ongoing training and professional development for teachers, administrators, and paraprofessionals;

(iii) Assessment instruments measuring the foreign language skills of participating students, as well as support in identifying growth which may occur in math, language arts, and science through reinforcement provided through the foreign language curriculum;

(iv) A distance-learning program delivered through the Wyoming Education Network (WEN) for schools unable to acquire certified personnel to deliver foreign language instruction;

(v) A mentor for foreign language paraprofessionals and classroom teachers;

(vi) Funding equivalent to usual and customary wages (including salary and benefits) of a foreign language paraprofessional, as determined an-nually by the Department and published in guidelines. The exact amount of reimbursement will be dependent upon enrollment of the participating school.

Section 6. Application Requirements.

(a) Additional schools may apply to participate in this pilot program each year the Department announces an application period. The entire pilot program will be limited to a maximum number of fifty (50) schools.

(b) Applications must be submitted to the Department on or before July 1 of the school year preceding implementation of the proposed program. Depart-ment guidelines will specify the application date each year.

(c) The Department will notify schools of eligibility no later than 30 days after the date set by the Department for submission of grant applications.

(d) Applications for the program authorized under this rule must include evidence of the school's commitment and capability to provide expanded foreign language instruction through school year 2009-2010, inclusive of:

(i) Provision of minimum weekly levels of foreign language instruction prescribed by the Department in guidelines;

(ii) Commitment to participate in assessment, data collection efforts, and program evaluation set forth in Department guidelines;

(iii) Commitment to participate in initial and ongoing training of foreign language paraprofessionals, teachers, and administrators;

(iv) Indication of school administration and board support for project participation.

Section 7. Allocation of Funds.

(a) Districts which have schools participating in the foreign language pilot program will be reimbursed for expenses allowed herein by submitting expense information at least quarterly to the Department in the format prescribed in guide-lines.

History

Effective 2005-04-25

Chapter 36 Career and Technical Education Equipment Grants

Wyo. Code R. 206.0002.36.08082024 Career and Technical Education Equipment Grants

CHAPTER 36

CAREER AND TECHNICAL EDUCATION PROGRAM GRANTS

Section 1. Authority.

The State Superintendent of Public Instruction promulgates these rules pursuant to W.S. 21-12-105(g).

Section 2. General Provisions.

(a) A grant awarded under this section shall be for a period of two (2) years and shall not exceed one hundred fifty thousand dollars ($150,000.00) for the first year of demonstration project planning, and not more than two hundred thousand dollars ($200,000.00) for project implementation in year two (2) of the project grant. No two-year grant shall exceed $350,000.

(b) Grants under this chapter are available only to school districts to fund curricular development and program design costs, employ certified teachers to provide course instruction and to purchase equipment and supplies necessary for program delivery.

(c) Grant awardees shall submit to the Department a final activities report no later than June 30 of the final fiscal year of the grant cycle. The activities report shall include amounts of grant funds that the awardee spent on approved educational program improvement or new program implementation.

(d) Grant awards are limited by available funding.

(e) The department may monitor any grant awardee at any time during the grant term.

(f) Any school district receiving funds under W.S. 21-13-337 for career and technical supplies, materials and equipment shall be ineligible to receive a grant under this chapter for the period the district receives funds under W.S. 21-13-337.

Section 3. Application Process

(a) Applicants shall submit an application no later than June 30th of each year in which grants are awarded. The Department shall inform applicants of competitive grant award results no later than August 15th following the grant application. Applicants shall apply by submitting the following:

(i) An application for the relevant grant year provided by the Department;

(ii) Documentation describing the proposed career and technical education program and showing that the program is needed;

(iii) Labor market information detailing the need for instruction in the proposed program of study;

(iv) The purposes and plan for funds granted under this chapter;

(v) Curriculum outlines for each course composing the proposed program of study; and

(vi) Assurances from the applicant that any award shall be used to fund curricular development and program design costs, employ Wyoming certified teachers to provide course instruction during the introductory year, and to fund initial purchases of equipment and supplies necessary for program delivery.

History

Effective 2024-08-08

Chapter 38 Hathaway Scholarship Program

Wyo. Code R. 206.0002.38.01122026 § 1 Authority

These rules are promulgated by the Wyoming Department of Education pursuant to Wyoming Statute 21-16-1301 through 21-16-1310.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 2 Definitions

(a) "Attempted hours" means the number of non-remedial hours the student enrolls in, both graded and non-graded, as of the census date.

(b) "Award" means the monetary commitment made to an applicant for financial aid under the Hathaway Scholarship Program.

(c) "Census Date" means the date established by each eligible institution for the administration of federal aid programs.

(d) "College Entrance Exam Score" means the composite score the student earns on the college entrance exam, irrespective of whether the exam was provided by the state. The composite is the process of averaging the highest score from each section. The college entrance exam includes the residual college entrance exam and the college entrance exam taken with state-allowed accommodations.

(e) "College or Industry Preparatory Courses" means courses that provide the knowledge and skills of the core academic content and the skills of interpersonal communication, knowledge acquisition skills, and life skills to enable the student to perform in the world of college and industry as determined by the Wyoming Department of Education.

(f) "Commission" means the Wyoming Community College Commission.

(g) "Continuous Enrollment" means enrollment of at least one college-level credit in not less than two (2) consecutive fall and spring semesters at an eligible institution.

(h) "Cost of Attendance" (COA) means the sum of the cost of tuition before adjustments, mandatory fees, room and board, books and supplies, travel, and personal expenses to attend an eligible institution as determined annually by the institution in accordance with W.S. 21-16-1306(b).

(i) "Earned Hours" means the hours for which a student has earned non-remedial credit.

(j) "Eligible Institution" means the University of Wyoming or a Wyoming community college.

(k) "Eligible Term" means the following fall or spring term in which the student's program of study is offered by an eligible institution.

(l) "Full-Time Semester" or "Equivalent of a Full-Time Semester" means twelve (12) or more semester hours of academic study undertaken in a semester or term, excluding remedial academic courses.

(m) "Full-Time Student" means a student who is enrolled in at least twelve (12) semester hours of academic study in each academic term in an eligible institution, excluding remedial academic courses.

(n) "Functional Equivalent" means a course approved by the Wyoming Department of Education that addresses the same content standards and substantial components of a named course within the success curriculum.

(o) "Good Cause" means the existence of unusual and extraordinary circumstances that affect a student's ability to meet eligibility requirements.

(p) "High School Equivalency Certificate" (HSEC) means a certificate earned through successful completion of a high school equivalency assessment authorized by the Wyoming Community College Commission.

(q) "High School Hathaway GPA" means the cumulative, unrounded GPA calculation of all courses taken in grades nine (9) through twelve (12) truncated to two decimal places and calculated in the following manner: weighted courses will be calculated on a five-point scale; all non-weighted courses taken in grades nine (9) through twelve (12) will be calculated on a standard four-point scale.

(r) "Home-Based Educational Program" means a program of educational instruction that meets the requirements of a basic educational program pursuant to W.S. 21-4-101(a)(vi).

(s) "Part-Time Student" means either:

(i) A student who is enrolled for at least six (6) but less than twelve (12) semester hours of academic study in each academic term in an eligible institution, excluding remedial academic courses, or

(ii) If a student is enrolled in a program at a Wyoming community college that requires on‑the‑job training and credit hours to receive a certificate, the student is enrolled in less than six (6) hours per semester.

(t) "Post-Secondary Hathaway GPA" means the post-secondary GPA used to determine continuing eligibility as determined by Section 16 of these rules.

(u) "Professional Degree" means a degree earned through a program offered by a Wyoming community college that is both necessary and sufficient, excluding any licensing requirements, to enter a particular profession.

(v) "Provisional Eligibility" means the determination by an eligible institution that an applicant for a Hathaway scholarship meets preliminary scholarship requirements.

(w) "Satisfactory Academic Progress" (SAP) means either:

(i) Earning at least six (6) non-remedial semester hours per semester if attempted hours are at least six (6) but less than twelve (12) semester hours or earning at least twelve (12) non-remedial semester hours per semester if twelve (12) or more semester hours are attempted and any other criteria as established by the eligible institution. or

(ii) For students enrolled in a program at a Wyoming community college that requires on‑the‑job training and less than six (6) credit hours per semester to receive a certificate, completing all semester hours the student is enrolled in each semester, meeting the hourly on‑the‑job training requirements, and meeting other criteria that the college may establish.

(x) "Semester Hour" means each non-remedial semester hour attempted for credit toward a degree or certificate, excluding any semester hours attempted before the initial use of a Hathaway Scholarship.

(y) "Special Term" means any period of time in which a course is offered that is not a summer, fall, or spring term.

(z) "Unmet Financial Need" means the cost of attendance (COA) minus the sum of expected family contribution and all federal, state, local, institutional, or private scholarships or grants received by the student, as determined by the eligible institution.

(aa) "WISER ID" means Wyoming Integrated Statewide Education Record Identifier, which allows tracking of individual student records from secondary institutions to post-secondary institutions for Hathaway Scholarship Program studies and reporting per W.S. 21-16-1308(c).

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 3 Initial Eligibility

(a) To be initially eligible for the Hathaway Scholarship as a high school graduate, a student shall meet the requirements stated in W.S. 21-16-1303(b) through (e).

(b) Districts shall submit in a form and manner required by the Department a list of courses aligned with statewide content and performance standards that satisfy the success curriculum requirements as described in Sections 6, 7, and 8 of these rules.

(i) Courses designated by districts as functional equivalents of the success curriculum and satisfy the success curriculum requirements; and

(ii) College or industry preparatory courses that satisfy success curriculum requirements.

(d) Districts shall calculate the High School Hathaway GPA.

(i) Beginning with the 2018-19 school year, all high school courses for which a student earns credits on their official high school transcript shall be included in the High School Hathaway GPA, and the following courses shall be weighted on a five-point (5.0) scale:

(A) Advanced Placement (AP) courses approved by the College Board;

(B) International Baccalaureate (IB) courses approved by the IB Organization; and

(ii) All other courses shall be weighted on a four-point (4.0) scale.

(iii) The High School Hathaway GPA must be notated on the final student high school transcript and labeled as "Hathaway GPA". Prior to the 2018-19 school year, the unweighted GPA will be used to determine awards.

(e) All courses described under this section shall have a unique designation on students' high school transcripts and be included on the Hathaway-approved course list.

(f) Districts shall provide appropriate accommodations, related services, specialized instruction, and supplementary aids and services to students with an individual education program (IEP) or a federal 504 designation pursuant to state and federal law. Courses meeting these requirements that also align to the Wyoming Content Standards at each grade level satisfy the requirements of a modified course within the Hathaway Success Curriculum per W.S. 21-16-1307(f)(iii).

(g) Districts shall ensure that any out-of-state placement of students who reside in their district is accompanied by a placement agreement that assures the out-of-state school district will provide student transcripts as required by W.S. 21-16-1308(a)(ii) and that the out-of-state school or district will cooperate in verifying that its coursework will satisfy the success curriculum requirements established under W.S. 21-16-1307.

(h) On a case-by-case basis, in the manner and form directed by the Department, the Department may grant exceptions to specific coursework requirements within the success curriculum through a waiver procedure as allowed by statute and these rules for students attending or graduating from an eligible high school or a home-based educational program.

(i) All Hathaway scholarship recipients shall notify the institution if they are convicted of a felony or a court finds that they have violated the terms or conditions of probation or parole. If the institution is informed pursuant to this subsection, the eligible institution shall suspend the scholarship. The scholarship may be reinstated if the Department grants a request for an exception to W.S. 21-16-1303(d)(vi) as provided in Section 18(d) of this chapter.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 4 Honor, Performance, Opportunity Scholarship Requirements

(a) Applicants who are high school graduates shall complete all eligibility requirements set forth in W.S. 21-16-1304.

(b) Applicants who have earned an HSEC shall meet the minimum score on an HSEC as determined by the Commission and a composite college entrance exam score as defined in W.S. 21-16-1304 and W.S. 21-16-1308(b)(iv).

(c) Applicants who have completed a home-based educational program shall complete all eligibility requirements set forth in W.S. 21-16-1304 and W.S. 21-16-1308(b)(iii).

(d) A scholarship awarded under this section for attendance at a Wyoming community college for four (4) full-time semesters may be extended for continued attendance at a Wyoming community college if the student is otherwise eligible for that scholarship. A student may be eligible for the extended semesters of use if:

(i) The student has completed the requisite academic program, that is, either received a certificate or degree, or be eligible to enroll in the professional degree program;

(ii) The student intends to enroll in a professional degree program; and

(iii) The professional degree program is offered by a Wyoming community college.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 5 Provisional Opportunity Scholarship Requirements

(a) The initial Provisional Opportunity Scholarship provides the equivalent of four (4) full-time semesters of enrollment in a certificate or degree program at a Wyoming community college.

(b) Applicants who are high school graduates shall complete all eligibility requirements set forth in W.S. 21-16-1305.

(c) Applicants who have earned an HSEC shall meet the minimum score on an HSEC as determined by the Commission and a composite college entrance exam score as defined in W.S. 21-16-1305 and W.S. 21-16-1308(b)(iv).

(d) Applicants who have completed a home-based educational program shall complete all eligibility requirements set forth in W.S. 21-16-1305 and W.S. 21-16-1308(b)(iii).

(e) The career-technical aptitude assessment used to determine eligibility under this section is the WorkKeys assessment.

(f) A student shall obtain a cumulative score of at least twelve (12) points on the Applied Mathematics, Graphic Literacy, and Workplace Documents WorkKeys assessments in order to be eligible under this section.

(g) Students may be eligible for an additional Provisional Opportunity Scholarship that may be used at an eligible institution provided that the student meets all eligibility requirements.

(i) Students who earn a certificate or a degree at a community college may be eligible for an additional provisional opportunity scholarship to use toward a certificate or degree at a community college.

(ii) Students who earn a degree at a community college may extend the scholarship to pursue a degree at the University of Wyoming.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 6 Honor and Performance Scholarship Success Curriculum Requirements

(a) Except for students who received an HSEC, home-schooled students and eligible high school graduates shall meet the minimum success curriculum requirements to be eligible for a Hathaway Honor or Performance Scholarship as stated in W.S. 21-16-1307.

(b) Students graduating in either the 2018-19 or 2019-20 school years may use either the success curriculum elective pathway as defined by subsection (c) or may replace the elective pathway with two sequenced years of World language, which need not be taken consecutively.

(c) Students graduating in 2020-21 and beyond shall complete four years of any of the following elective courses. Elective courses shall include at least two sequenced years from one category.

(i) Career and technical education,

(ii) Fine and performing arts, provided that two-year sequences be under the same category. For the purpose of this subsection, the categories are are: theater and dance, visual arts, and music; or

(iii) World language, provided that two-year sequences be in the same language.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 7 Opportunity Scholarship Success Curriculum Requirements

(a) Except for students who received an HSEC, home-schooled students and eligible high school graduates shall meet the minimum success curriculum requirements to be eligible for an Opportunity Scholarship as stated in W.S. 21-16-1307.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 8 Provisional Opportunity Scholarship Success Curriculum Requirements

Except for students who received an HSEC, home-schooled students and eligible high school graduates shall meet the minimum success curriculum requirements to be eligible for a Hathaway Provisional Opportunity Scholarship as stated in W.S. 21-16-1307.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 9 Application

(a) The student may apply to the eligible institution at the same time the student applies for admission.

(b) The eligible institution shall determine the student's Hathaway Scholarship eligibility.

(c) Eligibility will be determined based on the requirements in place at the time of HSEC completion or high school and home-based educational program graduation.

(d) Eligible institutions shall meet the application process requirements set forth in these rules for scholarship eligibility. Applications shall be in the form prescribed by the Department.

(e) A student shall apply for scholarship within forty-eight (48) months from the date of high school graduation as indicated on the student's transcript, and shall initiate scholarship during the next eligible term. The Department or its designee may grant an exception for students for military service, religious services, or other good cause shown.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 10 High School Transcripts

(a) Applicants shall request that their high school submit their most current transcript to the eligible institution at the time of their first application, but no sooner than completion of the equivalent of their sixth (6th) high school semester.

(b) The high school sending the transcript to the eligible institution shall:

(i) Designate each course that satisfies success curriculum requirements, including courses taken before grade nine (9).

(ii) Include the High School Hathaway GPA as calculated in Section 3(d)(i). The High School Hathaway GPA shall be labeled "Hathaway GPA" on the high school transcript.

(iii) Include a college entrance exam or WorkKeys exam score:

(A) The college entrance exam with state-allowed accommodations score shall not appear on the student transcript.

(B) College entrance exam/WorkKeys scores from the state-administered test date shall appear on each student's transcript pursuant to W.S. 21-3-110(a)(xxix). Results from the college entrance exam/WorkKeys taken at other times may appear on the transcript;

(iv) Include the level of Hathaway Success Curriculum completed; and

(v) Include the student's WISER ID.

(c) Eligible institutions shall rely exclusively on the High School Hathaway GPA calculated by districts to determine whether the student meets Hathaway GPA requirements.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 11 Home-Schooled Students and High School Equivalency Certificate

(a) Students who have successfully completed a home-based educational program shall be eligible for Hathaway Scholarships if the student meets the following criteria:

(i) The student has completed a curriculum that meets the success curriculum requirements;

(ii) The student submits to the eligible institution proof of coursework completion that the institution requires as well as the college entrance or WorkKeys scores.

(iii) The student applies for the scholarship before reaching age twenty-one (21). The Department or its designee may grant an exception for students for military service, religious services, or other good cause shown.

(b) Students who complete a home-based educational program who also receive an HSEC test score shall be considered home-based educational program graduates.

(c) A student who has not graduated high school or completed a home-based educational program shall receive the minimum standard score on an HSEC test authorized by the Wyoming Community College Commission. Eligibility under this subsection requires that the following criteria are met:

(i) The HSEC was completed while residing in Wyoming; and

(ii) The applicant was a student of record at an eligible high school prior to receiving an HSEC.

(d) For the purposes of eligibility and the application deadline, a person who earns an HSEC shall be deemed to have the same graduation date as his ninth grade cohort.

(i) A student shall apply for scholarship within forty-eight (48) months from the date of high school graduation as indicated on the student's transcript, and shall initiate scholarship during the next eligible term.

(ii) The Department or its designee may grant an exception for students for military service, religious services, or other good cause shown.

(e) Students earning an HSEC shall submit to the eligible institution at the time of application their official HSEC transcripts and the college entrance exam or WorkKeys scores.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 12 Provisional Eligibility and Final Eligibility

(a) Provisional eligibility shall be determined by the eligible institution based on curriculum, the High School Hathaway GPA evident in the student's most current transcript, and the college entrance or WorkKeys scores from the state-sponsored test day or highest score listed on the transcript or submitted to the eligible institution.

(b) Final eligibility shall be determined by the eligible institution based on high school verification of completed curriculum, High School Hathaway GPA, and the college entrance /WorkKeys scores. Students graduating prior to the 2018-19 school year shall be awarded based on the unweighted, unrounded high school GPA.

(c) At the time the institution officially notifies the student of his Hathaway Scholarship award, the institution shall include with the notification information on the origin of the Hathaway Scholarship program and Stanley K. Hathaway, including biographical data and a description of his commitment to the State of Wyoming and to the promise of the youth of the State.

(d) Students who apply for the Hathaway Need-Based Scholarship shall annually submit a FAFSA in time for the report to be received by the institution's federal processor before the beginning of the semester.

(e) The eligible institution shall confer directly with high schools to resolve any issues that may arise during the application process.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 13 Grades of Students

(a) No person shall change, revise, or modify in any manner any education record for the sole purpose of increasing the possibility of receiving the Hathaway Scholarship or increasing the level of Hathaway eligibility or continuing Hathaway eligibility.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 14 Transferring students

(a) Students transferring from one eligible institution to another may maintain Hathaway Scholarship awards by requesting that the institution from which they are transferring provide an official transcript to the new institution. The transcript or an attachment to the transcript shall include:

(i) A list of all semesters for which the student was eligible and received a Hathaway Scholarship; and

(ii) Grades for all non-remedial academic courses completed since initiation of a Hathaway Scholarship.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 15 Hathaway Need-Based Scholarship

(a) To qualify for a need-based scholarship, students shall first be eligible to receive one of the Hathaway Merit Scholarships and shall additionally be eligible for federal financial aid as determined by the eligible institution.

(b) The eligible institution shall determine unmet financial need annually for each student no later than the end of the sixth (6th) week of the semester in which the student first enrolls for the academic year.

(i) Determine the institution's cost of attendance before adjustments, provided that the institution's cost of attendance shall not exceed the undergraduate cost of attendance before adjustments;

(ii) From the cost of attendance determined under subsection (c)(i) of this subsection, subtract the Student Aid Index determined by the eligible institution;

(iii) From the amount resulting from the calculation in subsection (c)(ii) of this subsection, subtract the appropriate annual Hathaway merit award for which the student is eligible; and

(iv) From the amount resulting from the calculation in subsection (c)(iii) of this subsection, subtract any additional grants or scholarships the student will receive.

(d) If a student's annual unmet need is less than or equal to $2,000.00, the student is not eligible for the Hathaway Need-Based Scholarship.

(e) If a student's annual unmet need is greater than $2,000.00, the student shall receive an award pursuant to W.S. 21-16-1306.

(f) The need-based scholarship shall, at minimum, be recalculated annually. If the student meets financial requirements for the need-based scholarship, it shall continue as long as the student remains eligible for a Hathaway Merit Scholarship.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 16 Maintaining Scholarship Eligibility

(a) Each of the following is required to maintain scholarship eligibility and remedial courses shall not be counted in making any of the following determinations:

(i) Continuous enrollment: If a student fails to remain continuously enrolled, the student shall be ineligible to receive the Hathaway Scholarship for future semesters unless the scholarship is reinstated under the provisions contained in Section 17 of these rules or an exception is granted by the Department or its designee for active military service, religious service, or other good cause as shown under Section 18 of these rules. Students whose scholarships are extended pursuant to W.S. 21-16-1305(a)(iii) shall also meet the requirements of this section.

(ii) Satisfactory Academic Progress (SAP): A student's hours for purposes of SAP shall be the hours enrolled at the census date used to determine the State's obligation to reimburse the eligible institution for the student's scholarship under these rules and regulations. These hours are also used to establish the earned hours requirement of SAP in order to maintain scholarship eligibility.

(A) SAP shall, at a minimum, be monitored at the end of each spring semester/term.

(B) If a student fails to meet SAP, the student shall be ineligible to receive the Hathaway Scholarship for future semesters unless the scholarship is reinstated under the provisions contained in Section 17 of these rules or the Department grants an exception for good cause under Section 18 of these rules.

(iii) The eligible institution shall calculate the Post-Secondary Hathaway GPA at the end of each spring term using the grades for all eligible institutions the student has attended since accepting and using the Hathaway Scholarship.

(A) If a student fails to maintain the minimum Post-Secondary Hathaway GPA for that student's award category, the student shall be ineligible to receive the Hathaway Scholarship for future semesters unless the scholarship is reinstated.

(B) College courses taken before the student initiated the Hathaway Scholarship are excluded from the Post-Secondary Hathaway GPA calculation.

(iv) The six-year eligibility period is not extended by periods of non-eligibility.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 17 Reinstatement of Scholarship Eligibility

(a) A student who becomes ineligible due to failure to meet the requirements of continuous enrollment, satisfactory academic progress, or the Post-Secondary Hathaway GPA; who has not exceeded the applicable maximum full-time equivalent semesters or maximum scholarship eligibility time periods; and who is otherwise eligible for the awarded scholarship may restore scholarship eligibility for the first academic term following the term during which the student meets the following requirements:

(i) Achieves the cumulative grade point average required by the applicable lost scholarship;

(ii) Reestablishes continuous enrollment by completing one academic term as either a full- or part-time student, whichever applies as determined by the eligible institution; and

(iii) Attains satisfactory academic progress during an academic term or summer session by attempting and completing at least six (6) non-remedial credit hours.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 18 Appeal of Initial and Continuing Eligibility Decisions

(a) The following decisions concerning initial scholarship eligibility are subject to the appeals process described in this section:

(i) Ineligibility because the student did not graduate from an eligible high school and is not otherwise eligible as a home-schooled student or HSEC holder;

(ii) Ineligibility because the student did not apply for a scholarship within forty-eight (48) months of his high school graduation or completing home-based coursework pursuant to W.S. 21-16-1308(b)(iii);

(iii) Ineligibility because the student's coursework does not meet success curriculum requirements; and

(iv) Ineligibility because the student is incarcerated or has been convicted of a felony.

(b) The following decisions concerning continuing scholarship eligibility are subject to the appeals process described in this section:

(i) Ineligibility because the student exceeded the limit of the equivalent of eight (8) full-time semesters;

(ii) Ineligibility because six (6) academic years following the student's initial eligibility have elapsed;

(iii) Ineligibility because the student failed to maintain continuous enrollment for not less than two (2) semesters in each successive academic year;

(iv) Ineligibility because the student failed to maintain satisfactory academic progress;

(v) Ineligibility because the student failed to maintain the cumulative grade point average required by the student's scholarship; and

(vi) Ineligibility because the student becomes incarcerated, adjudged guilty of a felony, or adjudged to have violated the terms of his probation or parole.

(c) Except for decisions regarding felony convictions (or because the applicant violated terms or conditions of probation or parole), an applicant may appeal an institution's eligibility determination by petitioning the institution for a review of its original decision. An applicant may appeal the institution's final decision to the Department as provided in this section.

(d) An applicant who is ineligible due to felony conviction (or because the applicant violated terms or conditions of probation or parole) may appeal directly to the Department without first petitioning the institution for a review of its original decision. The Department shall not grant exceptions unless the applicant is currently meeting all terms and conditions of probation or parole and is otherwise eligible for a scholarship.

(e) When reviewing determinations made by eligible institutions, the Department may consider evidence not considered by the eligible institution.

(f) When reviewing determinations made by eligible institutions, the Department may consider whether good cause is a proper basis for granting exceptions to provisions contained in statute or rules to the extent authorized by law. Good cause determinations shall be made on a case-by-case basis.

(g) The applicant wishing to appeal the final decision of an eligible institution shall submit a request for appeal in writing to the Department within 30 days of the institution's final decision. The request shall be on a form that the Department provides and shall include:

(i) Name, mailing address, contact information, and scholarship level sought by the student;

(ii) A short, concise statement identifying the exception being requested and the reasons supporting an exception; and

(iii) All documents, papers, or other materials that support the statements made or are in any other way pertinent to the matter.

(h) The Department shall consider all information and materials presented and make an independent decision regarding the request. The Department shall issue its decision in writing within forty-five (45) days of the Department receiving the materials. The Department's decision is final agency action subject to judicial review under W.S. 16-3-114(a).

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 19 Scholarship Timeframe and Special Term

(a) Except pursuant to W.S. 21-16-1303(f), eligibility shall not extend beyond ninety-six (96) credit hours or extend to any semesters that begin six (6) academic years after initial eligibility begins unless an exception is granted in accordance with Section 18 of these rules and regulations.

(b) For summer and special terms, students may receive an award amount equal to the proportion of the per-semester scholarship amount that the number of semester hours enrolled bears to twelve (12). Scholarships during summer and special terms will count toward the total maximum scholarship amount for which the student is qualified at the time of the last eligible academic semester or semesters. Summer and special term awards under this section are limited to no more than six (6) semester hours per summer semester.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 20 Payment to Institutions

(a) The Department shall make prepayments to institutions equal to 75% of the total amount that institution received the preceding semester. The Department shall certify to the state treasurer the amount to be paid to each eligible institution in time for the institutions to receive their fall semester prepayment by September 1 and their spring semester prepayment by January 15.

(b) Within thirty (30) days of the beginning of each semester, the community colleges shall submit to the Commission a list of students enrolled in the institutions who qualify for Hathaway Merit and Need-Based Scholarships and the amount for which they qualify.

(c) Within fourteen (14) days of receiving the last student data list from the community colleges, the Commission shall verify that no inappropriate duplication of students exists between the colleges, then shall submit to the Department a complete list of students and the amount each college is to receive for Hathaway Scholarship awards.

(d) Within forty-five (45) days of the beginning of each semester, the University of Wyoming shall provide to the Department a certified list of students enrolled at the University who qualify for Hathaway Merit and Need-Based Scholarships, and the amount for which they qualify.

(e) The lists submitted to the Department from the eligible institutions shall include the following data elements:

(i) Student name and birth date;

(ii) WISER ID;

(iii) Name of the institution;

(iv) Hathaway Scholarship category;

(v) Number of non-remedial credit hours enrolled;

(vi) Semester identifier; and

(vii) High school graduation year.

(f) Upon receiving the two student lists, the Department shall verify that there is no duplication of students between the community colleges and the University of Wyoming.

(i) The Department shall report any duplication of students to the institutions and the Commission. The institutions, in coordination with the Commission, shall research and resolve the problem, if any, and submit final lists back to the Department.

(ii) If it is determined a student is properly attending multiple eligible institutions, the Department shall award the entire Hathaway Scholarship for which the student qualifies to the eligible institution designated in the student's consortium agreement as the home institution.

(g) When the final lists are certified by the Department as accurate and approved, the Department shall certify to the state treasurer the balance of the amount due to each institution for the semester.

(h) Any prepayment that exceeds the amount actually due to the institution for any semester shall be calculated by the Department and deducted from the institution's next payment.

(i) Students receiving a Hathaway Scholarship for a summer or special term shall be included with the institution's next academic term calculations.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 21 Data Gathering

(a) In consultation with the financial aid officers and registrars of the eligible institutions or their designees, the Department shall develop annual reporting procedures for purposes of policy analysis and program evaluation. The annual report on the Hathaway Scholarship Program shall be presented by the Department in accordance with the budget timeframes specified in W.S. 9-2-1014.

(b) No institution shall be eligible to receive scholarship funds if it does not report data as the Department directs.

(d) Wyoming community colleges shall submit the required information to the Commission, which shall submit to the Department individual college information and a summative report of all college data.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 22 Award Procedures

Students attending more than one (1) eligible institution shall enter into a consortium agreement with the institutions. The agreement shall designate a home institution to be paid the entire Hathaway Scholarship amount for which the student qualified. The student shall be responsible for making proper payment to the host institution.

(a) The home institution shall be responsible for reporting disbursement of funds for the consortium student, and all institutions shall remit student enrollment and performance data to the Department.

(b) Other parties to the consortium agreement shall cooperate with the home institution to fulfill data reporting requirements.

History

Effective 2026-01-12

Wyo. Code R. 206.0002.38.01122026 § 23 Promotion of Hathaway Scholarship Program and Eighth-Grade Unit of Study

All Wyoming eighth grade students shall be presented a one (1) week unit of instruction that provides an overview of the high school curriculum required to be successful for postsecondary work, standardized test requirements, scholarship availability including the Hathaway Scholarship, the requirements to earn the Hathaway Scholarship, and the effect of education on earning potential pursuant to W.S. 21-16-1308(b)(i)(C) through (D). Additional information about Stanley K. Hathaway, including biographical data and a description of his commitment to the State of Wyoming and to the promise of the youth of the State, shall be included.

History

Effective 2026-01-12

Chapter 39 Driver Education Program Approval

Wyo. Code R. 206.0002.39.03312007 Driver Education Program Approval

CHAPTER 39

Driver Education Program Approval

Section 1. Authority. The State Superintendent of Public Instruction pursuant to the authority granted by Wyo.Stat. 21-3-501 promulgates these rules.

Section 2. Applicability. These rules pertain to high school driver education program approval. These rules become effective when signed by the Governor and filed with the Secretary of State's Office.

Section 3. Promulgation, Amendment or Repeal of Rules. Any amendments to these rules shall become effective as provided by the Wyoming Administrative Procedure Act (Wyo. Stat. 16-3-101 through 16-3-115).

Section 4. Definitions.

(a) Behind-the-wheel – The practical portion of a driver education program which takes place in a vehicle, operated under on-street conditions under the supervision of a teacher seated in the front seat to the right of the student.

(b) Board of cooperative educational services - A method (established under W.S. 21-20-101 through 21-20-111) for school districts and community college districts, or any combination, to work together and cooperate to provide educational services.

(c) Certificate of approval – A certificate issued by the Wyoming Department of Education to an approved driver education program.

(d) Certificate of completion – A hard copy certificate showing that a student has successfully completed a driver education program.

(e) Classroom session – The portion of a driver education program consisting of lectures, demonstrations, audio-video presentations, written tests, etc. normally presented in a classroom setting.

(f) Clock hour – A period of time, not necessarily consecutive, consisting of 60 minutes.

(g) Community college - An institution established under Wyoming Statute 21, Chapter 18.

(h) Community education program - An educational program offered to a community by a school district, community college, recreation district or other governmental entity.

(i) Driver education program – A specific course of instruction comprised of a classroom phase and at least one laboratory phase which teaches students to drive a motor vehicle. In a public school, the program must be presented by a teacher or instructor qualified under W.S. 21-7-303(c) to teach driver education.

(j) Driver education school – A school that teaches a driver education program and is not part of a public school, private school, community college, board of cooperative educational services, community education program, or parent based driver education program. Students are under age 21 and working towards their initial driver license.

(k) High school - A school consisting of grades nine (9) through twelve (12), or any combination of grades within this range.

(l) Home based educational program - 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. An instructional program provided to more than one (1) family unit does not constitute a home-based educational program.

(m) Laboratory phase – Simulation, multi-car range and/or behind-the-wheel training.

(n) Multi-car range – The practical portion of a driver education program that is taught using multiple vehicles on a closed driving area. Each vehicle is under the direct control of a student, who is in communication with an instructor.

(o) Parent based driver education program – A driver education program taught by a parent or legal guardian to their own child or children when the high school the student(s) attends does not offer a driver education course.

(p) Private school - Any nonpublic, elementary or secondary school providing a basic academic educational program for children and may include parochial and church or religious schools and home-based educational programs.

(q) Simulation – The practical portion of a driver education program that uses simulated traffic events which provide students with opportunities to respond with realistic driving controls under the close supervision of a teacher. These events can be on film or computer generated.

Section 5. Classroom Phase.

(a) Classroom instruction in driver education should focus upon the driver responsibilities inherent in the task of driving. The classroom curriculum should include the areas of visual perceptual development, risk assessment, decision making, and other areas related to the driving task.

(b) At a minimum, the following areas shall be included in the classroom instruction:

(i) State Traffic Laws.

(ii) Vehicle Familiarization.

(iii) Driver Readiness.

(iv) Vehicle Control Introduction.

(v) Establishing vehicle position.

(vi) Basic vehicle maneuvering tasks.

(vii) Roadway characteristics.

(viii) Roadway signs and signals.

(ix) Roadway markings.

(x) Basic vehicle control tasks.

(xi) Space management system development.

(xii) Turnabouts.

(xiii) Speed management.

(xiv) Lane changes.

(xv) Perpendicular, angle and parallel parking.

(xvi) Traffic flow situations.

(xvii) Space management situations.

(xviii) Intersection entry.

(xix) Curve entry/exit.

(xx) Passing on multiple lanes.

(xxi) Traffic flow situations up to maximum speed limit.

(xxii) Space management situations to maximum speed limit.

(xxiii) Merging/driving on/exiting limited access highway.

(xxiv) Passing.

(xxv) Driver fitness.

(xxvi) Chemical use/abuse information.

(xxvii) Adverse conditions preparation.

(xxviii) Occupant protection.

(xxix) Traffic flow situations under limited conditions of visibility/traction.

(xxx) Space management assessment.

(xxxi) Vehicle functions/malfunctions.

(xxxii) Trip planning.

(xxxiii) Adverse conditions preparation.

(xxxiv) Operator and System Responsibilities.

(xxxv) Mental and Perceptual Awareness.

(xxxvi) Driver Fitness Tasks.

(xxxvii) Avoiding Collision Threat.

Section 6. Laboratory Instruction.

(a) The performance objectives developed for the laboratory phase should parallel and supplement classroom instruction. In the laboratory phase, students may apply and reinforce the knowledge and behavioral tendencies gained in the classroom as well as acquire skills and establish desirable habit patterns.

(b) Student experiences in the laboratory phase shall include a combination of the following:

(i) Behind-the-wheel experience.

(ii) In-traffic observation experience.

(iii) Simulation.

(iv) Multiple car driving range.

(i) Basic Skills and Associated Behavior.

(A) Vehicle Operating Space.

(B) Getting Ready to Drive.

(D) Placing Vehicle in Motion.

(E) Stopping Vehicle in Motion.

(F) Steering.

(G) Securing the Vehicle.

(ii) Judgment of Vehicle to Roadway Position.

(A) Right Side of Vehicle.

(iii) Visualization of Intended Travel Path.

(iv) Searching Intended Travel Path.

(v) Speed Control.

(vi) Lane Position Selection.

(vii) Searching and Controlling the area to the Rear.

(viii) Following Time and Space.

(ix) Communication and Courtesy.

(x) Responses to Emergency Situations.

(xi) Knowledge and Skills.

(xii) Assessing Space Management Skills.

(xiii) Advanced Collision Avoidance Actions.

Section 7. Minimum Hourly Requirements.

(a) Minimum program hour requirements must also be satisfied. These hour requirements are as follows:

(i) Classroom – minimum of thirty clock hours.

(ii) Behind-the-wheel – minimum of six clock hours, exclusive of observation time.

(iii) Any driver education program beginning after July 1, 2007 shall include a minimum of 6 hours observation time during the behind-the-wheel laboratory. There shall be a minimum of two students in the vehicle during all on- street lessons.

(iv) Multiple-car driving range/behind-the-wheel combination – each two hours of multiple-car range instruction shall be equivalent to one hour of behind-the- wheel instruction; however, a minimum of at least two hours of on-street instruction shall be provided (exclusive of observation time) to each student.

(v) Driver simulator/behind-the-wheel combination– each four hours of driver simulator instruction shall be equivalent to one hour of behind-the-wheel instruction; however, a minimum of three clock hours of behind-the-wheel instruction shall be required for each student (exclusive of observation time).

(vi) Multiple-car driving range/driver simulator/behind-the-wheel combination – a minimum of two clock hours of behind-the-wheel instruction; however, a minimum of three clock hours of behind-the-wheel instruction shall be required. This combination program shall not substitute more than three equivalent hours of driver simulators.

(b) No driving time shall be on a motorcycle.

Section 8. Program Approval Procedure and Application.

(a) Program Approval Procedure.

(i) No high school, private school, community college, board of cooperative services, community education program, home-based educational program, parent based driver education program, or driver education school shall issue a certificate of completion from a driver education program for purposes of W.S. 31-7-108(a) unless the program has first been reviewed by the Wyoming Department of Education and issued a certificate of approval.

(ii) A driver education program shall apply for a certificate of approval by submitting, on a form approved by the Wyoming Department of Education, evidence that their instructors, curriculum and program structure meets the requirements of these rules.

(iii) An approved driver education program meets all of the requirements of Section 5 Classroom Phase, Section 6 Laboratory Phase, and Section 7 Minimum Hourly Requirements above.

(iv) A home based education or parent based driver education program shall meet the minimum hourly requirements as set forth in these rules. A computer based classroom program can be used to meet the classroom time requirements. The required observation time can be met by documenting observation time with a parent or legal guardian.

(v) Program approval shall be valid for three (3) years or until the instructor changes or the curriculum substantially changes.

(vi) This sub-section shall apply to all classes begun after August 15, 2006.

(b) Certificate of completion requirements.

(i) At the successful completion of the classroom and laboratory phase(s) of a driver education program, an approved driver education program may provide a certificate of completion to each student. The certificate shall include the following:

(A) name of the high school or program,

(B) student name,

(D) student's driver license number,

(E) date the card was issued,

(F) original signatures of the teacher and a school administrator (mechanical signatures and/or photo copies are not acceptable),

(G) certificate of approval number

(ii) The certificate should also have the following sentence on it: "This is to certify that the above named student has successfully completed a driver education program consisting of at least 30 hours of classroom and 6 hours of driving instruction."

(iii) The certificate may be a card or a letter.

History

Effective 2007-03-31

Chapter 40 Statewide Administration of a Single College Entrance Examination and Job Skills Assessment Test

Wyo. Code R. 206.0002.40.06092009 Statewide Administration of a Single College Entrance Examination and Job Skills Assessment Test

CHAPTER 40

Wyoming Department of Education

Statewide Administration of a Single College Entrance Examination and

Job Skills Assessment Test

Section 1. Authority.

These rules are promulgated by the Wyoming Department of Education pursuant to W.S. § 21-2-202(a)(xxx) and W.S. § 21-3-110(a)(xxix).

Section 2. Applicability.

These rules govern the administration of a statewide standardized curriculum- based achievement college entrance examination and a job skills assessment test to all students in the eleventh grade throughout the state.

Section 3. Promulgation, Amendment or Repeal of Rules.

The promulgation, amendment or repeal of these rules shall become effective as provided by the Wyoming Administrative Procedures Act (W.S. § 16-3-101 through W.S. § 16-3-115) and when signed by the Governor and filed with the Secretary of State.

Section 4. Definitions.

(a) "ACT" means the achievement college entrance examination administered to eleventh-grade students within the state.

(b) "ACT, Inc." means the non-profit independent organization that provides research, assessment and program management services in areas of education and work- force development.

(d) "College entrance examination" means an examination commonly administered throughout the United States and relied upon by institutions of higher education. For purposes of these rules, this examination is the ACT.

(e) "Department" means the Wyoming Department of Education as created by W.S. § 21-2-104.

(f) "Home-based education program" means a program of educational instruction that meets the requirements of W. S. § 21-4-102(b) and a basic academic educational program pursuant to W.S. § 21-4-101(a)(vi) provided to a child by the child's parent or legal guardian or by a person designated by the parent or legal guardian. An instructional program provided to more than one (1) family unit does not constitute a home-based educational program.

(g) "Individual Educational Program (IEP)" means a written program developed for a child with a disability in accordance with Chapter 7 Rules of the Department and any subsequent amendments thereof, and the Individuals with Disabilities Education Act, 34 C.F.R. Parts 300 and 301 and the applicable rules and regulations that relate to this Act and any subsequent amendments thereof.

(h) "Institutional school" means a public or private group home, residential treatment facility, or a Board of Cooperative Educational Services (BOCES) institution receiving State funds for the provision of educational services to students within the state of Wyoming.

(i) "Job skills assessment test" means a test commonly administered throughout the United States and relied upon by institutions of higher education and potential employers that shall, at a minimum, test areas of applied math, reading for information, and locating information. For purposes of these rules, this test is the same as the WorkKeys Job Skills assessment or WorkKeys assessment.

(j) "Non-public school student" means a student receiving education in a private or institutional school or a student who participates in a home-based education program as defined in these rules.

(k) "Private school" means any non-public elementary or secondary school providing a basic academic educational program for children in grades K-12 and may include parochial and church or religious schools and home-based educational programs.

(l) "Resident public school" means the Wyoming school the student would attend based on their place of residence and local school district policy as of the date of application to participate in the ACT or WorkKeys statewide assessment.

(m) "Section 504 Plan" means an individualized plan designed to provide access to an education program as provided under the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. and the applicable rules and regulations that relate to this Act and any subsequent amendments thereof. In order to be eligible for this plan, the student must be determined, as the result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.

(n) "Test accommodations coordinator (TAC)" means the individual appointed by the school district and approved by ACT, Inc. as the person responsible for assuring all requirements to modify testing and/or the testing environment for students documented and approved for accommodations by ACT, Inc. are adhered to in such a way that the integrity of the test materials and test site are assured. The test accommodations coordinator can also be the test supervisor or backup test supervisor if so designated by the school.

(o) "Test site" means each location approved by ACT, Inc. for the statewide administration of the ACT or WorkKeys.

(p) "Test supervisor" means the person appointed by the school district as the individual who assumes the responsibility to protect the integrity of all secure test materials and ensures that all examinees at his/her school are tested under the same conditions as examinees at every other school administering the ACT or WorkKeys.

(q) "Wyoming Integrated Statewide Education Record (WISER) Identification Number" means the unique identification number assigned to every Wyoming student which meets the criteria set forth by the Department.

(r) "WorkKeys assessment" means the job skills assessment test to be administered statewide to eleventh-grade students within the state.

(s) "WorkKeys score" means the cumulative score on the WorkKeys assessment.

Section 5. Eligibility.

(a) Any public school student deemed by his or her school district to be an eleventh-grade student anytime during the same school year as the statewide test and who will be under the age of twenty-one (21) as of the statewide testing date shall be required to take either the single college entrance examination (ACT) or job skills assessment test (WorkKeys) one (1) time at no cost to the student.

(b) Non-public school students who reside within a Wyoming public school district are eligible to take either the single college entrance examination (ACT) or job skills assessment test (WorkKeys) one (1) time at no cost to the student. These students must be deemed by their resident school district to be an eleventh-grade student anytime during the same school year as the statewide test and be under the age of twenty-one (21) as of the statewide testing date.

(c) Only students considered as eleventh-grade students at some point during the same school year as the statewide test and under the age of twenty-one (21) as of the statewide testing date are allowed to participate in the statewide administration of the ACT or WorkKeys.

Section 6. Testing of Public School Students.

(a) All public school students determined by their resident school district as being eligible eleventh-grade students shall be required to participate in the statewide administration of the ACT or WorkKeys.

(b) Students shall make the determination whether to take the ACT or WorkKeys assessment. Students may seek guidance from high school counselors in making this determination.

Section 7. Exemption of Public School Students from Testing.

(a) Students with an individual education plan (IEP) may be excused from statewide ACT or WorkKeys assessment if their parents or guardians submit a request for excusal to the test accommodations coordinator.

(b) Districts shall notify the parents or guardians of students who are potentially exempt from testing of the procedures and timelines needed to effect excusal.

(c) Upon receipt of a request of excusal from testing, the test accommodations coordinator shall respond to the parent or guardian when the request has been accepted.

Section 8. Testing of Non-Public School Students.

(a) Eligible non-public school students who elect to take the ACT or WorkKeys shall test at an approved ACT testing site on the same statewide initial or makeup testing day as public school students.

(b) In September of each year, districts shall notify private and institutional schools within the district of the availability of statewide ACT and WorkKeys assessment of eleventh-grade students. Notice shall include information on how students can indicate intent to participate in this statewide assessment and provide a schedule of deadlines to meet in order to successfully participate in statewide test administration.

(i) Private and institutional schools shall distribute this information to potentially eligible students in a timely fashion so that students are made aware of the availability of statewide assessment.

(ii) Private and institutional school students shall contact their school of attendance to indicate intent to participate in statewide ACT or WorkKeys assessment.

Students must designate whether they wish to participate in the ACT or the WorkKeys at this time.

(iii) By October 1, prior to the statewide testing date, private and institutional schools shall provide to the resident public school where the student will test:

(A) Evidence of eleventh-grade eligibility, date of birth, the WISER identification number assigned by the Department, and other information required by the district and reiterated in their correspondence with the student's private or institutional school; and

(B) If requesting accommodations for the ACT or WorkKeys, a current IEP or Section 504 Plan supporting the need for all requested accommodations due to the student's disability.

(C) On a case-by-case basis, the Department may grant exceptions to the October 1 deadline in extenuating and emergency circumstances. Evidence of extenuating or emergency circumstances shall accompany any request made to the Department after the October 1 deadline.

(iv) The resident public school where the private or institutional school student plans to test shall verify age and eleventh-grade status and notify the private or institutional school and the student of eligibility determination.

(v) The resident public school shall follow the process defined by ACT, Inc. to enable the non-public school student to participate in the statewide ACT or WorkKeys assessment and shall include the student and the private or institutional school in all further correspondence relative to statewide ACT or WorkKeys assessment, including gathering of accommodation documentation when needed.

(vi) If the private or institutional school student does not have a WISER identification number assigned from the Department, the resident public school shall refer the student back to his or her current school who must then follow procedures prescribed by the Department to obtain the WISER identification number.

(vii) If it is determined by the test supervisor that private or institutional school students must be assessed in a room(s) separate from the room where public school students are being examined, the private or institutional school shall be responsible for providing a room supervisor for its students on the statewide testing date.

The room supervisor must be identified and trained in advance by the testing site's designated ACT test supervisor.

(c) Students participating in home-based educational programs shall receive information from their resident public school on the availability of the statewide ACT and WorkKeys assessment at the time their high school curriculum is reviewed and approved by the district each year. Notification shall begin no later than when the student's ninth grade curriculum is approved by the district and continue each year thereafter upon the district's approval of curriculum.

(i) Students who participate in home-based education programs shall contact their resident public school to indicate intent to participate in statewide ACT or WorkKeys assessment by October 1 prior to the statewide testing date. Students shall be prepared to designate whether they wish to participate in the ACT or the WorkKeys at this time. Additionally, the student must present to the resident public school:

(A) Evidence of eleventh-grade eligibility, date of birth, WISER identification number assigned by the Department, and other information required by the district and reiterated in their correspondence with the student or his or her guardian; and,

(B) If requesting accommodations for the ACT or WorkKeys, a current IEP or Section 504 Plan supporting the need for all requested accommodations due to the student's disability.

(ii) The resident public school where the home-based education program student intends to test shall verify age and eleventh-grade status and notify the student or his or her parent/guardian of student eligibility determination.

(iii) The resident public school shall follow the process defined by ACT, Inc. to enable the home-based education program student to participate in the statewide ACT or WorkKeys assessment and include this student in all further correspondence relative to statewide assessment, including gathering of accommodation documentation when needed.

(iv) If the student who participates in a home-based education program does not have a specific WISER identification number assigned from the Department, the resident public school shall follow procedures prescribed by the Department to obtain this identification number.

Section 9. Administration of the Statewide Test.

(a) The Department each year shall establish a single testing day for statewide administration of both the ACT and the WorkKeys. The date shall be posted on the Department website. The date shall be selected so that following receipt of scores, students may register for senior year classes which may be needed to allow the student to qualify for a state-provided scholarship.

(b) The Department, in conjunction with ACT, Inc., shall offer a single makeup ACT/WorkKeys testing day for students verified as being unable to test on the initial statewide testing date.

(c) Students taking the ACT shall test in English, mathematics, reading, and science. Students wishing to additionally participate in the optional writing portion of the ACT cannot do so on the statewide testing date, nor is the state liable for the expense of this portion of the test.

(d) Students taking the WorkKeys shall test in applied math, reading for information, and locating information.

(e) The Department shall not reimburse school districts for costs incurred locally with administering the statewide ACT and WorkKeys assessment.

Section 10. Accommodations for the ACT.

(a) ACT test accommodations shall be considered for students with professionally diagnosed disabilities who are receiving special education services outlined in a current IEP or Section 504 Plan. Plans submitted to ACT, Inc. must support the need for all requested accommodations due to the student's disability. Accommodations shall be made in accordance with the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. and the applicable rules and regulations that relate to this Act and any subsequent amendments thereof, and the Individuals with Disabilities Education Act, 34 C.F.R., Part 300 and 301 and the applicable rules and regulations that relate to this Act and any subsequent amendments thereof.

(b) Test accommodations coordinators shall be responsible for communicating to students and their parents or guardians the timeline and procedures which need to be met for requesting test accommodations.

(c) Requests for accommodations to the ACT must be submitted directly by test accommodations coordinators to ACT, Inc. for eligibility determination.

(d) ACT, Inc. shall train test accommodations coordinators on detailed procedures for requesting ACT accommodations, including timelines, documentation needed, and all appropriate formats for submittal.

(e) The administration of test accommodations shall be supervised at each testing site by a test accommodations coordinator trained by ACT, Inc.

(f) A two (2)-week testing window shall be established for students approved by ACT, Inc. for specific types of accommodations to the ACT. The timeframe shall fall between the initial statewide testing date and the makeup statewide testing date.

(g) Students approved by ACT, Inc. for accommodations during the statewide administration of the ACT may also use the same approval from ACT, Inc. to apply the same accommodations in any repeat testing the student may pursue at his/her own expense. All procedures for registering for repeat testing and for requesting accommodations must be followed.

Section 11. Accommodations for the WorkKeys.

(a) Requests for accommodations to the WorkKeys shall be submitted to test accommodations coordinators who shall evaluate and approve accommodations to the WorkKeys for students with professionally diagnosed disabilities who are receiving special education services outlined in a current IEP or Section 504 Plan. Plans must support the need for all requested accommodations due to the student's disability. Accommodations shall be made in accordance with the WorkKeys test supervisor manual, the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. and the applicable rules and regulations that relate to this Act and any subsequent amendments thereof, and the Individuals with Disabilities Education Act, 34 C.F.R., Part 300 and 301 and the applicable rules and regulations that relate to this Act and any subsequent amendments thereof.

(c) ACT, Inc. shall train test accommodations coordinators on procedures for requesting WorkKeys accommodations as required by the WorkKeys test supervisor manual, including timelines and documentation needed.

(d) Test accommodations coordinators shall hold accommodations for WorkKeys testing to the same standard used for the allowance of accommodations for the ACT.

(e) The administration of test accommodations shall be supervised at each testing site by a test accommodations coordinator trained by ACT, Inc.

(f) A two (2)-week testing window shall be established for students approved by districts for specific types of accommodations to the WorkKeys test. The timeframe shall fall between the initial statewide testing date and the makeup statewide testing date.

(g) Students approved by schools for accommodations during the statewide WorkKeys test may also use the same approval from the school to apply for the same accommodations for any repeat WorkKeys testing the student may pursue at his/her own expense. All procedures for registering for repeat testing and for requesting accommodations must be followed.

Section 12. Reporting of Scores.

(a) The results of the ACT or WorkKeys shall be included on each student's high school transcript. This does not preclude the recording on the student's transcript of additional scores attained by the student from subsequent WorkKeys or ACT testing.

Section 13. Audit of Test Administration.

(a) Testing sites may be visited on the designated test dates by unannounced observers from ACT, Inc.

(b) Arrangements with ACT, Inc. must be agreed upon and made in advance in order for Department or district personnel to visit test sites to observe testing.

History

Effective 2009-06-09

Chapter 41 Virtual Education

Wyo. Code R. 206.0002.41.06072022 § 1 Authority

These rules are promulgated by the Wyoming Department of Education in consultation with the Wyoming State Board of Education and the Wyoming Professional Teaching Standards Board under the authority of W.S. 21-2-202(a)(xxxi), W.S. 21-13-330, and W.S. 21-2-202(a)(i).

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 2 Definitions

For the purposes of this chapter, the following definitions shall apply:

(a) "Active virtual education course" means any virtual education course offered by an approved full- or part-time virtual education provider;

(b) "Concurrent enrollment" means, for purposes of this rule and the Department's administration of the Wyoming virtual education network, an arrangement between two districts established pursuant to the laws of this state by which a student primarily enrolled in one district is permitted to have secondary enrollment in another district for a portion of the student's educational program;

(c) "Course and services agreement" means an agreement entered into between any two (2) districts establishing terms and conditions under which a district that allows one or more students enrolled in one school district in the state to receive a portion of the pupil's education, which may be provided through virtual education, from another district in the state, as provided for under W.S. 21-4-502(c);

(d) "Course sections" means simultaneous instances of a course offering with a unique student enrollment;

(e) "Full-time virtual education" means providing more than fifty percent (50%) of the statewide educational program, required by W.S. 21-9-101 and 21-9-102, through virtual education, by a single school district established pursuant to the laws of this state;

(f) "Full-time virtual education provider" means any school district established pursuant to the laws of the state that offers one or more virtual education courses approved by the Department and provides full-time virtual education for any student;

(g) "Local board" means the educational governing body established at each

Wyoming school district in accordance with W.S. 21-3-105;

(h) "Part-time virtual education" means providing fifty percent (50%) or less of the statewide educational program, required by W.S. 21-9-101 and 21-9-102, through virtual education by a school district established pursuant to the laws of this state;

(i) "Part-time virtual education provider" means any school district established pursuant to the laws of this state that offers one or more virtual education courses approved by the Department and provides part-time virtual education for any student;

(j) "Program" means one or more virtual education courses;

(k) "Synchronous" means instruction delivered by the virtual education teacher and received by the student concurrent in time;

(l) "Virtual education" means instruction of one or more Department-approved courses administered primarily through technology outside of the physical classroom, in the statewide educational program prescribed by W.S. 21-9-101 and 21-9-102 and accredited by the State Board under W.S. 21-2-304(a)(ii), and which may be distinguished from other types of courses in that the physical separation of the virtual education teacher and student(s) substantially limits or even prohibits the teacher from providing a preponderance of course instruction in-person;

(m) "Virtual education teacher" means the instructor of a Department-approved virtual education course who, regardless of whether the instructor is an employee of a school district established pursuant to the laws of this state, shall meet the certification or permit requirements of W.S. 21-7-303(a). In addition to providing instruction primarily through technology outside of the physical classroom, the teacher shall have duties that generally include facilitating student learning, monitoring student progress, providing and grading assignments, and providing qualitative feedback, all of which can and generally are provided through technology;

(n) "Wyoming virtual education program" means a network of Department-approved virtual education programs and courses that meet state-established guidelines for course content and delivery.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 3 Wyoming Virtual Education Program

(a) The Department shall annually review and approve full-time and part-time virtual education programs, and the specific courses to be offered, which together shall constitute the Wyoming virtual education program.

(b) A district must seek approval to operate as a full-time virtual education provider,

a part-time virtual education provider, or both a full- and part-time virtual education provider, regardless of whether the district intends to offer virtual education courses to students enrolled within the district or to students enrolled in other Wyoming districts, or both.

(c) Unless offering one or more virtual education courses as part of its educational program, a district is not required to seek approval to operate as a virtual education provider if one or more students enrolled in the district is concurrently enrolled with a district that is an approved virtual education provider.

(d) Subject to the requirements established in this rule, as well as other applicable state and local laws and regulations, a district that seeks approval as a full- or part-time virtual education program provider may do so with the intent to offer one or more virtual education courses of the following types:

(i) A course that meets the definition of virtual education pursuant to Section 2(l) of this rule and that is designed and delivered by the district utilizing a virtual education teacher employed by the district to provide course instruction;

(ii) A course that meets the definition of virtual education pursuant to Section 2(l) of this rule and that is procured from a vendor, which may be taught by a virtual education teacher provided by the vendor, and which may be a vendor operating in-state or out-of-state, or a Wyoming post-secondary institution;

(iii) A combination of district- and vendor-provided courses as described in paragraphs (i) and (ii) above.

(e) Prospective virtual education program providers shall submit a letter of intent to the Department applying for inclusion in the Wyoming virtual education program and to be considered for the succeeding school year. The letter of intent shall provide:

(i) Information on the district's intention to operate as a full-time virtual education provider, a part-time virtual education provider, or both a full- and part-time virtual education provider;

(ii) Information on the district's intention to limit student participation in its full- and/or part-time virtual education program to only students already enrolled in the district or to also make participation available to students enrolled in other Wyoming districts;

(iii) A virtual education program overview that describes general information such as the program's title, administrative contacts, method(s) of delivery, maximum allowed student to teacher ratios and instructor's course load, and proposed course offerings and capacity;

(iv) A signed assurance statement maintaining that the letter of intent has been approved by the local board and the district possesses the necessary financial, personnel, and technical infrastructure capacity to effectively operate the proposed virtual education program and meet all state and federal requirements; and

(v) A signed curriculum assurance and a copy of the student and parent handbook if the district intends to operate as a full-time virtual education provider.

(f) The Department will all review letters of intent submitted for consideration and approve only those from districts:

(i) That have accreditation level "accredited" or "accredited with support" for less than one year as determined by the State Board pursuant to W.S. 21-2-304(a)(ii) and Chapter 6 of the Department's rules;

(ii) For which there is no evidence bringing into question the district's assurance that it possesses the necessary financial, personnel, and technical infrastructure to effectively operate the proposed virtual education program;

(iii) That are able to meet all state and federal requirements including the Individuals with Disabilities in Education Act and Rehabilitation Act of 1973 section 504 requirements; and

(iv) That, if currently operating a virtual education program, demonstrates quality outcomes based on the measures articulated in Section 6(a) of this chapter.

(g) The Department may request additional information and may recommend that a district make changes to its letter of intent. If a letter of intent is denied, the district may re-submit its letter and attach new or additional information or otherwise revise the letter.

(h) After the approval of the letter of intent, the prospective virtual education program provider shall submit a program application created from Department-approved templates and in accordance with any virtual education program guidelines published by the Department. The application shall provide:

(i) A course evaluation narrative that describes:

(A) The method(s) of course procurement, if applicable; and

(B) Procedures for course evaluation.

(ii) A student accountability narrative that details:

(A) The enrollment requirements of the student, with information on the enrollment of students within the district and students enrolled by other districts as applicable;

(B) A description of pre-enrollment consultation requirements, to include:

(I) A process to verify that the virtual education course(s) is appropriate to the learning capabilities of the individual student; and

(II) Required virtual education training, simulations, readiness surveys, or experience prior to the start of class(es);

virtual education provider in a brick and mortar setting, whether offered by a district to its own students or offered by another district, the anticipated roles and duties of the school in which the student has primary enrollment, which shall include the district's assignment of a learning coach to assist the student, and monitor student progress throughout the duration of the virtual education course(s), assist with data collection and reporting, and communicate with the student's parent or legal guardian as appropriate;

(D) For any course that is offered through a full-time virtual education provider outside of a brick and mortar setting, the requirements and specific duties to be assigned to a family-designated learning coach, which shall include regular monitoring of student progress, ensuring that any necessary instructional support is provided, assisting with tracking and reporting student participation in virtual education, and other appropriate duties as may be assigned by the provider; and

(E) An intervention plan to assist any student not performing

satisfactorily or failing to achieve required progress.

(iii) A virtual education teacher accountability narrative that details:

(A) The professional development opportunities available to a virtual education teacher, to include:

(I) Pre-service components which shall be required of all instructors that possess no previous experience teaching within the virtual education medium of their currently assigned course(s). These pre-service components shall be completed prior to the beginning date of the course(s) assigned to that instructor; and

(II) Ongoing components of the professional development process required of all virtual education instructors, such as, training and resources, available support materials, coaching or mentoring systems, and other professional learning communities;

(B) Continual evaluation process of the professional development program(s) that ensure the continuous improvement of the program(s) quality and overall value; and

(C) Instructor performance expectations and methods of evaluation to determine and, if necessary, improve the critical aspects of virtual education pedagogy.

(iv) A learning coach technical assistance and development narrative that

describes the support, technical assistance, and professional development that the provider will make available to district-assigned learning coaches, family-designated learning coaches, or both.

(i) The Department may require necessary corrections or improvements before final approval of the program application.

(j) After the approval of the program application, the virtual education program provider shall provide a course syllabus containing the following elements through the Department course inventory data collection:

(i) The course title, suggested grade level(s), subject area, course calendar outlining any synchronous requirements, and course delivery method;

(ii) A course description that outlines the topics, objectives, and other mandatory benchmarks presented throughout the coursework;

(iii) Course participation requirements that define the expectations

for the interaction of any student enrolled in the course with the virtual education course, and that are measurable, recorded, and verified by the virtual education teacher;

(iv) A description of what a participating student must do to complete the course, including, if permitted, completion prior to the end of the term;

(v) The measurable participation elements that are required in order to successfully complete the course, which include attendance and a description of the party(ies) having primary responsibility for data collection and reporting; and

(vi) The tuition for the course if it is available for single course

purchase.

(k) Approval of each course shall be determined by the Department based on the information described above and any other information that it requests. Necessary corrections or improvements may be required before final approval.

(l) Any entity that develops a virtual education course to be sold, licensed, or otherwise made available to a Wyoming virtual education provider shall provide the district that is the virtual education provider with any information required by the district, including assurances and evidence that:

(i) The provider is accredited by an appropriate accrediting entity;

(ii) The provider will comply with all Federal, state, and local requirements regarding data collection, student data privacy, and data security;

(iii) The course is aligned with the state content and performance standards;

(iv) The course instructor meets all requirements established in statute and this rule for a virtual education teacher; and

(v) Any administrator, tutor, or staff who may have access to any Wyoming virtual education student that is a minor has been required to submit fingerprinting to the provider for the purpose of obtaining state or national criminal history record information before assuming any role related to a Wyoming virtual education course.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 4 Wyoming Virtual Education Program Renewal and Updates

(a) Any full- or part-time virtual education program provider shall update the virtual education course calendar information and verify the accuracy of all other course components each year in accordance with the virtual education program update schedule established by the Department. Updates to course participation requirements will not be accepted for active virtual education courses that have students currently enrolled.

(b) Any virtual education program provider may request to remove any

course offering or its entire program from the virtual education program catalog provided that none of the courses are active virtual education courses and the Department is immediately notified.

(c) Any virtual education program provider may update any component of its virtual education program application and submit it for evaluation.

(d) The Department shall remove any virtual education program provider from the Wyoming virtual education program if it loses accreditation or fails to comply with the policies outlined in these rules.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 5 Enrolling and Withdrawing Students

(a) Any student participating in one or more part-time virtual education courses shall remain enrolled in the district in which the student resides. This enrollment shall be considered primary enrollment as distinguished from any other enrollment arrangements. Unless specified as concurrent enrollment, the use of the term enrollment in this section means primary enrollment.

(b) After confirming the intention of the student to participate in any virtual education course(s) approved by the Department and offered by another Wyoming district that is an approved full- or part-time virtual education provider, the district shall have not more than five (5) business days to verify concurrent enrollment of the student with the full- or part-time virtual education provider and to enter into an agreement, as described in Section 9 of this rule, with the virtual education provider. Prior to completion of concurrent enrollment, a part-time virtual education provider shall be prohibited from collecting information from a prospective virtual education student without the consent of the district in which the student is enrolled.

required, who participates in a full-time virtual education program offered by a district that is not the district in which the student resides may elect to no longer be enrolled in the district in which the student resides.

(i) If a student elects to enroll in the district that is offering the full-time virtual education program, the district in which the student resides shall:

(A) Confirm the intention of the student to enroll in a Department-approved full-time virtual education program;

(B) Withdraw the student from the district; and

(ii) The full-time virtual education provider shall formally document the student transfer and the request of student records by sending written notification to the district in which the student was previously enrolled; and

(iii) The two districts may enter into an agreement, as described in Section 9 of this rule, for any services or courses that are to be provided to the student by the district in which the student resides.

(d) Upon withdrawal of any student from a part-time virtual education course, whether withdrawal is initiated by the student or the district that is the course provider, the provider shall provide written notice to the district in which the student is enrolled within five (5) business days and the two districts shall work together to enroll the student in another course, which may be a virtual education course, if such enrollment is necessary to fulfill the statewide educational program required by W.S. 21-9-101 and 21-9-102. If the student is enrolled in a different virtual education course, a new course and services agreement shall be entered into between the districts in accordance with Section 9 of this rule.

(e) Upon withdrawal of any student from a full-time virtual education course or program, whether withdrawal is initiated by the student or the district that is the virtual education provider, the provider shall notify the district in which the student resides within five (5) business days and the two districts shall work together to enroll the student in another course, which may be a virtual education course, if such enrollment is necessary to fulfill the statewide educational program required by W.S. 21-9-101 and 21-9-102. If the student withdraws or is withdrawn from one or more virtual education course and elects to participate in a part-time virtual education program, the district in which the student resides shall enroll the student and establish concurrent enrollment with the part-time virtual education provider as required in paragraph (a) of this section.

(f) Any part-time virtual education provider and the district in which the student is enrolled shall agree on and clearly outline a process for sharing information on the student's progress, participation, and any changes in enrollment.

(g) Department data collection policies shall be used to document all student enrollments into a virtual education program.

(h) As outlined in Section 9 of these rules, a course and services agreement shall be entered into between any district which enrolls a student participating in one or more virtual education courses offered by another district and the district that is the full- or part-time virtual education provider or any student enrolled in a full-time virtual education program who participates in one or more part-time brick and mortar courses offered by another district.

(i) A district may allow a student who resides outside of the state of Wyoming with a custodial parent or guardian in active military service to enroll or continue enrollment in a Department-approved virtual education program provided that:

(i) The student's custodial parent or guardian maintains Wyoming residency while on active military service outside of the state of Wyoming. The parent or guardian shall submit a military leave and earnings statement to the district as evidence of Wyoming residency and active service each year to verify compliance with this requirement; and

(ii) The student is able to comply with course-specific participation requirements and participate in all required state and district assessments in adherence with Department regulations, guidance, and instructions. The district may apply for an exemption from participation in a state assessment on behalf of a student if the district determines it is not feasible for the student to return to Wyoming for test administration.

(j) A student enrolled in a Department-approved full-time virtual education program who resides in the district providing the program shall be assigned to the grade-level school the student would attend in person. Districts may only assign students to an alternative school if the student has educational needs that are not appropriately met by other schools in the district. Each student assigned to an alternative school shall receive learning supports and interventions according to its at-risk program as developed pursuant to W.S. 21-13-309(m)(v)(B)(IV).

(k) When the district verifies Wyoming residency, all students enrolled in a Department-approved full-time virtual education program who do not reside in the district providing the program shall be assigned to one grade-level appropriate school within the district. The district shall maintain assignment in the same school each year until the student withdraws from the program or promotes to a grade level not served by the school. Districts may only assign students to an alternative school if the student has educational needs that are not appropriately met by other schools in the district. Each student assigned to an alternative school shall receive learning supports and interventions according to its at-risk program as developed pursuant to W.S. 21-13-309(m)(v)(B)(IV).

(l) All full-time virtual education student transcripts and diplomas shall be identical to transcripts and diplomas for all other students attending the schools to which the full-time virtual education students are enrolled and assigned pursuant to W.S. 21-13-330(g)(ii).

(m) Any student participating in virtual education shall be supported by learning coaches as follows:

(i) The district or school the student is primarily enrolled in but that is not providing virtual education shall assign a district-assigned learning coach to monitor that student's progress in virtual education, coordinate any instructional support needed at the request of the virtual education teacher, assist with data collection and reporting, and communicate with the student's parent or legal guardian as appropriate in order to facilitate the student's successful participation in virtual education.

(ii) If the student is participating from home, a parent shall assign or serve as a family-designated learning coach to be the point of contact for the virtual education teacher and virtual education provider for purposes of monitoring student progress, ensuring that any necessary instructional support is provided, assisting with tracking and reporting student participation in virtual education, and other appropriate duties as may be assigned by the virtual education provider.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 6 Additional Department Responsibilities

(a) The Department shall maintain, facilitate, and monitor the Wyoming virtual education program quality and compliance. Monitoring activities shall include:

(i) Reviewing, at least annually, virtual education program and course data and information collected;

(ii) Using data and information on full-time virtual education students with disaggregation of assessment data, graduation rates, and other measures of academic performance, in the statewide systems of accountability and accreditation;

(iii) In consultation with the Professional Teaching Standards Board and school districts, reviewing of data on adherence to the minimum professional development requirements provided for in Section 7 by teachers using virtual education methods to instruct students; and

(iv) Providing the annual virtual program survey results under Section 8 of these rules to districts with recommendations for improvement.

(b) The Department shall annually publish on its web site a virtual education program course catalog containing course-specific information including the per-course tuition established by the school district that has been approved to offer the course.

(c) The Department shall provide training and technical assistance to school districts, including professional development for teachers and school administrators as required under W.S. 21-2-202(a)(xxxi)(B), for the delivery, review, and research of virtual education programming available through the virtual education program.

(d) The Department shall provide training and technical assistance, which shall include current information and research regarding student and course accountability, and professional development for teachers and school administrators on virtual education pedagogy, and course delivery methods.

(e) The Department shall provide a point-of-contact to track and monitor complaints, whereby concerned individuals, school or district personnel can receive needed assistance in resolving any issues resulting from the delivery of virtual education courses.

(f) The Department shall maintain a list of virtual education coordinators who shall

assist with monitoring virtual education programs within the district and with the collection of data among districts, in addition to responsibilities that may be designated by the district. Every district shall designate a virtual education coordinator as required by the Department.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 7 Minimum Requirements for Virtual Education Teachers

(a) Any virtual education course provided by a school district established pursuant to the laws of this state shall have a designated instructor who shall be the virtual education teacher for the course and who must meet the requirements of W.S. 21-7-303.

(b) Any district offering a virtual education program shall require any teacher assigned to teach an active virtual education course to:

(i) Complete, on an annual basis, at least one (1) workshop focused primarily on using virtual education methods to instruct students; or

(ii) Have a virtual educator endorsement issued by the Wyoming Professional Teaching Standards Board.

(c) Any workshop used to satisfy the workshop requirement in subsection (b)(i) of this section shall be at least seven (7) hours or the equivalent. For any virtual education teacher subject to the requirements of W.S. 21-7-303(a), the workshop used to satisfy this requirement shall be approved by the Wyoming Professional Teacher Standards Board.

(d) The Department shall annually monitor district adherence to the minimum requirements for teacher professional development and shall obtain from the Professional Teaching Standards Board and the district, as necessary, information on teacher participation in required workshops.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 8 Use of a Learning Management System, Data Collection and Reporting

(a) Any district that is a virtual education provider shall use a learning management system (LMS) to administer, document, track, report, and deliver virtual education courses.

(b) Any district that is a virtual education provider shall have the option of utilizing

a centralized learning management system established by the Department. A district may instead elect to establish an individual or independent learning management system provided such system is capable of being used, and is used with regard to each active virtual education course, to administer, document, track, report, and deliver virtual education courses. Any individual or independent learning management system must also be designed and operated such that appropriate personnel from the district in which any student participating in any virtual education course is enrolled are able to utilize the virtual education program provider's learning management system to monitor student progress and participation and to collect participation data, as needed, for purposes of state-required reporting.

(c) Providers delivering virtual education courses shall collect in a learning management system student participation and completion rates based on the course-specific participation requirements approved by the Department, including equivalent attendance, as specified in Section 10 of this chapter. The provider shall collect this information in a learning management system and record and maintain it in the district's permanent student information system or other Department-approved reporting system.

(d) A district electing to use a Department-approved reporting system in lieu of a district's permanent student information system for purposes of collecting the information described in subsection (c) of this section, shall ensure that its reporting system includes all elements needed to satisfy Department-required data collections and enables compliance with all Federal, State, and local requirements regarding data collection, student data privacy, and data security.

(e) Data collection is ultimately the responsibility of the virtual education provider

and each virtual education teacher who is the instructor of an active virtual education course.

(i) A part-time virtual education provider shall enable the district in which any virtual education student is enrolled to access the provider's LMS and shall establish through a course and services agreement any data or information that the district-assigned learning coach is responsible for recording. A district-assigned learning coach may delegate data collection and reporting to another district employee as appropriate.

(ii) A full-time virtual education provider shall enable the family-designated learning coach of any student enrolled in an active virtual education course to access the provider's LMS for purposes of recording student participation in the course and monitoring student progress.

(f) The Department shall:

(i) Monitor student virtual education enrollment and participation

information;

(ii) Annually survey district superintendents concerning their virtual education learning needs and instructional availability;

(iii) Annually survey the virtual education program providers' administrators, instructors, and students or parents concerning the quality and effectiveness of programming available through the Wyoming virtual education program;

(iv) Compile Department survey results and data on enrollment and participation; and

(v) Provide a summary of virtual education course(s) available through the Wyoming virtual education program.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 9 Course and Services Agreements and Additional Responsibilities of Districts

(a) Any two districts established pursuant to the laws of this state may enter into a course and services agreement to allow pupils enrolled in one district to receive a portion of the pupil's education from another district. Any such agreement may provide for a pupil's participation in one or more active virtual education courses, one or more traditional (non-virtual) courses, or any combination of virtual and non-virtual courses.

(b) Any such agreement shall be in effect for a period of not more than twelve (12) consecutive months and have a start and end date that generally correspond to the school calendar, and shall include the following, as applicable:

(i) The identification of each district's point-of-contact to include first and last name, position/title, and contact information;

(ii) For each course, the cost to be paid, on a per-course basis and in an amount equal to or less than the ADM amount of the district providing the course prorated to reflect the number of courses provided;

(iii) Information on how the tuition amount is calculated, the method of

payment to be utilized, and payment due date(s);

(iv) The responsibilities of each district for ensuring that each student has access to the appropriate electronic equipment, connectivity, and resources needed to participate in any virtual education course(s);

(v) A description of the process that will be used to ensure that the district in

which the student is enrolled has access to the appropriate records and resources needed to monitor a student's participation, including participation in any virtual education course(s), as well as access to the provider's LMS for purposes of data reporting;

(vi) A description of the educational support provided to the student(s) by

the district in which the student is enrolled. This may include, but is not limited to:

(A) The access of resources at the district in which the student is enrolled;

(B) Required tutoring and/or mentoring services;

(C) Testing and assessment services to include a timeline or schedule appropriate to the instruction provided to the student(s);

(D) Academic counseling services;

(E) Library services;

(F) Extracurricular activities; and

(G) Special needs requirements.

(vii) If the agreement is for one or more virtual education courses and the district in which the student is enrolled does not have a qualified virtual education site coordinator, the course and services agreement shall include:

(A) A description of the training required of the district's staff;

(B) Which district staff should attend the training;

(D) When the training should be completed.

(viii) If the agreement is for one or more virtual education courses, a description of any training required of the student(s), how this training will be provided, and when it should be completed;

(ix) A statement ensuring that all records of the student(s) will be provided by the district in which the student is enrolled including any records of special education;

(x) A conflict resolution policy; and

(xi) The signatures of each district's superintendent or designee, in accordance with district policies.

(c) Any agreement shall be made in writing and a copy kept on file by both districts for a period of not less than five (5) years.

(d) The district in which the student is enrolled, in collaboration with the virtual education program provider(s), shall regularly monitor the progress of any virtual education course participant to ensure the student is actively engaged and completing the required course participation elements and to ensure that the needs of all virtual education students, including those identified as gifted and talented, at-risk, or students with disabilities, are met.

(e) The district in which the student is enrolled shall ensure that any student participating in a virtual education program is evaluated, tested, and monitored at the same intervals as other students in the grade in which the student is assigned and in accordance with the assessment policies of the state and district.

(f) Any district that is a full- or part-time virtual education provider shall ensure that any teacher instructing a virtual education course offered by the district meets the minimum requirements for virtual education teachers provided for in Section 7 of this rule.

(g) The district providing for the enrollment of the student shall include the student within its average daily membership (ADM) and the district providing a portion of the student's education will assess tuition to be paid by the district of enrollment. Tuition shall be calculated on a per- course basis equal to or less than the ADM amount of the district providing the course prorated for the number of courses provided.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 10 Participation and Average Daily Membership

(a) Each virtual education course approved by the Department shall have clearly defined participation requirements for any student enrolled in the course.

(b) Districts shall establish measurable course participation requirements for students enrolled in each virtual education course. The virtual education teacher shall measure, record, and verify student participation.

(d) Any district that is a virtual education provider shall:

(i) Document and record, in the program's learning management system used by the district, not less than once every seven (7) calendar days, the participation of any student enrolled in the course; and

(ii) Document and record, for each student enrolled in the course, the student's attendance equivalent, including absences, in the district's permanent student information system or Department-approved system.

(e) Any student who does not meet attendance equivalence for any virtual courses for ten (10) consecutive days shall be deemed absent for ten (10) consecutive days for the purposes of Chapter 8, Section 8(b)(ii) of the Department's rules.

(f) For each course, the number of days any student is reported as having participated shall be based on the course-specific virtual education program calendar submitted to the Department.

(g) At the end of each school year, for purposes of determining membership, the number of days on which a student was enrolled and participating in virtual education shall be the number of days in membership and must be converted to the number of days in the school calendar if different than the virtual program days. The number of days in membership shall be divided by the number of regularly scheduled courses in the school in which the student is enrolled. The sum shall be the aggregate membership.

(h) The district shall compile and retain records generated by a learning management system showing student participation in any virtual education course offered by the district. The records shall include a report generated by a learning management system to include automatically recorded and virtual education teacher recorded elements. The participation report shall be generated at the administrative level and stored for future audit and monitoring purposes.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 11 Assessment and Accountability

(a) Students enrolled in virtual education course(s) shall not be exempt from state or district assessments.

(b) Each student participating in a virtual education course(s) shall be subject to the Wyoming statewide assessments as required by W.S. 21-2-304(a)(v); and the assessment shall be administered and monitored by a state-trained assessment administrator.

(c) Student performance, accountability, state and district assessment results, and accountability as required by W.S. 21-2-204 shall be the responsibility of the district in which the student is enrolled.

(d) In the event a student enrolled in a district elects to participate in more than one part-time virtual education programs, and through the combination of such programs receives more than fifty percent (50%) of the required statewide educational program as prescribed by W.S. 21-9-101 and 21-9-102, the district in which the student is enrolled retains the responsibility for administering all required assessments. However, since no virtual education program provider is providing the student with a full-time virtual education program, student performance on assessments is not required to be disaggregated and reported as part of a virtual education subgroup.

History

Effective 2022-06-07

Wyo. Code R. 206.0002.41.06072022 § 12 Temporary Virtual Education Days

(a) Temporary virtual education days are days in face-to-face classes in which a district is delivering the educational program outside the physical classroom to a student, or students. Temporary virtual learning days must be less than fifty (50) percent of the total number of school days.

(b) Each school district board that provides temporary virtual education days shall develop policy that includes the following:

(i) The criteria for allowing or requiring temporary virtual education days for individual students or for school buildings;

(ii) A description of temporary virtual education for elementary, middle, and high school, including how teachers will provide instruction, and the required devices, platforms, software, and internet access;

(iii) The definition of attendance for temporary virtual education at the elementary, middle, and high school levels and a description of how teachers shall take attendance;

(iv) The procedures the district will use to ensure temporary virtual education days do not exceed fifty (50) percent of the total school days for any student;

(v) A description of how the district will monitor the quality of instructional delivery through temporary virtual education compared to that provided in person for elementary, middle, and high school; and

(vi) The process the district will use to notify students and parents when temporary virtual education will occur whether planned or unplanned.

(c) Each school district shall submit the temporary virtual education board policy to the Department for review and approval as part of annual accreditation requirements.

(d) The temporary virtual education policy shall be made available to parents and students.

(e) Attendance taken in temporary virtual education for any given day or class period shall be recorded in the district's permanent student information system no later than the start of the next school day.

History

Effective 2022-06-07

Chapter 42 Seclusion and Restraint in Schools

Wyo. Code R. 206.0002.42.07132017 § 1 Authority

The Wyoming rules are authorized by Wyoming Statute 21-2-202(a)(xxxii) and W.S. 21-3-110(a)(xxxi).

History

Effective 2017-07-13

Wyo. Code R. 206.0002.42.07132017 § 2 Scope

(a) The State Superintendent shall review the policy of each school district for compliance with the state statute governing Seclusion and Restraint in Schools and approve those policies only after determining that compliance has been achieved.

(b) To the extent that these rules governing Seclusion and Restraint in Schools overlap with other state or federal rules or regulations, compliance with the regulation or rule offering greater student protection shall be deemed compliance with this rule. To the extent that these rules governing Seclusion and Restraint in Schools exceed the requirements of other state or federal rules or regulations, school districts shall comply with the requirements of this rule. In the event of conflict with another state agency's rules or federal rules or regulations, school districts shall comply with this rule.

History

Effective 2017-07-13

Wyo. Code R. 206.0002.42.07132017 § 3 Definitions

(a) "Administrative Review" is when an administrator or other appointed-personnel, who have received training in the use of physical restraint and seclusion, shall determine whether continued physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others. Upon a determination that such continued physical restraint or seclusion is necessary, such individual shall make a new determination every thirty minutes thereafter regarding whether such physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others.

(b) "Appropriate Disciplinary Measures" includes classroom, school-wide, or district-wide plans for student conduct adopted pursuant to a school policy promulgated under the authority of W.S. 21-4-308 or other appropriate authority.

(c) "Appropriately Trained Professional" or "Professional Team" includes individuals who are appropriately licensed, trained, and knowledgeable regarding the acceptable use of assistive or protective devices consistent with recognized professional standards and manufacturers' instructions.

(d) "Assistive or Protective Device" means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child or protect a child from harm.

(e) "Aversive" means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors.

(f) "Behavior Intervention" is a systematic implementation of procedures developed in conjunction with the parent intended to result in lasting positive changes in a student's behavior. Interventions may include positive strategies, program or curricular modifications, and aids and supports required to address the disruptive behaviors.

(g) "Debriefing Process" The debriefing session provides an opportunity to discuss the circumstances resulting in the use of physical restraint and/or seclusion. The district may conduct a review of the factors that precipitated the event, the de-escalation techniques used, the physical restraint technique(s) utilized, the outcome of the intervention, including any injuries to student(s) or staff that may have resulted from the incident, prior incidents of physical restraint or seclusion utilized with this student, and any other relevant factors that the district deems appropriate.

(h) "Escort" means guiding a student by touching the student's back, arm, or hand, or holding the student's arm or hand to escort the student safely from one area to another as long as the student is not refusing to comply with the escort. The term does not include the use of coercion or force to move a student from one location to another.

(i) "Evidence Based Training Program" includes programs that are externally developed and have a record of successful implementation in a variety of settings that, at a minimum, emphasize training in de-escalation procedures, the specific techniques used in safe restraint ranging from the least to most restrictive and the specific techniques to encourage the safe reentry of the student into the educational environment.

(j) "Imminent Risk" means an immediate and impending threat of a person causing substantial physical injury to self or others.

(k) "Isolating" means visually, auditorally, or physically separating a student from the learning environment, school activity, or peers.

(l) "Locked Seclusion" means a seclusion room with locking device that is engaged by leverage of an inanimate object, key, or other mechanism to keep the door closed without constant human contact. The term does not include a securing mechanism requiring constant human contact that upon release immediately permits the door to be opened from the inside.

(m) "Mechanical Restraints" include devices or equipment used to restrict the free movement of all or a portion of a student's body. The term does not include assistive or protective devices or equipment prescribed by an appropriately trained professional or professional team that are used for the specific and approved purposes for which the devices or equipment were designed and prescribed.

(n) "Prohibited Practices" means that certain activities or objects are prohibited from being used with students under any circumstances

(o) "Prone Restraints" include holding a student in any position that will:

(i) Obstruct a student's airway or impair the ability to breathe;

(ii) Obstruct a staff member's view of a student's face;

(iii) Restrict a student's ability to communicate distress;

(iv) Place pressure on a student's head, neck, or torso; or

(v) Straddle a student's torso

(p) "Restraint" means the use of physical force, with or without the use of any device or material, to restrict the free movement of all or a portion of a student's body. Restraint does not include comforting or calming a student, holding the hand or arm of a student to escort the student if the student is complying, intervening in a fight, or using an assistive or protective device prescribed by an appropriately trained professional or professional team.

(q) "Seclusion" means removing a student from a classroom or other school activity and isolating the student in a separate area. Seclusion occurs when a student is placed in a room or location by school personnel, purposefully separated from peers, and prevented from leaving that location. Separation in an area where the student is prevented from leaving is always considered seclusion. The term does not include a student requested break or in-school suspension, detention, or other appropriate disciplinary measure.

(i) "Seclusion from the Learning Environment" means visually or auditorally isolating the student from the classroom or other school activity or away from peers in an area that obstructs the student's ability to participate in regular classroom or school activities.

(ii) "Isolation Room" means placing the student in an enclosed room built in compliance with all relevant health and safety codes.

(r) "Time-out" means providing the student with a brief opportunity to regain self-control in a setting that does not physically remove the student from peers or the learning environment and the student is now physically prevented from having the time-out area.

History

Effective 2017-07-13

Wyo. Code R. 206.0002.42.07132017 § 4 Policy Requirements

(a) Staff Training and Professional Development. School district policies shall, at a minimum, include the following staff training and professional development components:

(i) All staff shall receive training in evidence-based techniques shown to be effective in preventing physical restraint and seclusion, including evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, de-escalation, and conflict management.

(A) The minimum amount of training required for all staff shall be the number of hours recommended by the evidence-based training program selected by the school.

(B) Ongoing training for all staff shall be provided as recommended by the evidence-based training program selected by the school.

(ii) A ratio of classified and non-classified staff, as determined by the school considering school size and the location of specialized programs, shall receive training in evidence-based techniques in the safe use of physical restraint.

(A) The minimum amount of training for the ratio of staff shall be the number of hours necessary to obtain certification by the evidence-based training program selected by the school.

(B) Certification shall be maintained as prescribed by the evidence-based training program selected by the school.

(iii) Information regarding the school district's policy on the safe use of seclusion and restraint shall be incorporated into each school's annual professional development programming.

(b) Procedures. School policies shall, at a minimum, include the following procedural components:

(i) Restraint:

(A) Only trained, certified staff consistent with Section 7(a)(ii) above shall be permitted to use restraint as part of a planned behavior intervention unless a bona fide emergency constituting an imminent risk to the health or safety exits.

(B) Schools shall not use prohibited practices as part of student restraint at any time. Prohibited practices include:

(I) Aversive interventions

(II) Locked seclusion

(III) Mechanical restraints

(IV) Prone restraints

(C) Restraint shall be used for the minimum amount of time necessary to permit the student to regain control and for staff to restore safety.

(D) School shall develop restraint duration guidelines including a release strategy based on the student's ability to regain control and staff's ability to reestablish safety.

(E) Restraints exceeding the durational limits set forth in the school's guidelines shall require immediate administrative review to determine if and under what conditions the restraint may continue.

(F) Schools shall develop an incident review strategy or debriefing strategy. The incident review or debriefing process shall address what, if any, subsequent actions need to be taken.

(G) Schools must document each restraint consistent with the Mandatory Documentation requirements specified in paragraph (c) below.

(ii) Seclusion:

(A) School staff shall be able to see and hear the student in seclusion at all times.

(B) Student placed in seclusion shall be permitted to access to normal meals and personal hygiene opportunities. Meals and bathroom breaks may be separate and supervised if needed to ensure safety.

(C) Schools shall document each occurrence of seclusion consistent with the Mandatory Documentation requirements specified in Section (c) below.

(D) Using timeout without seclusion is not regulated by these rules.

(E) Seclusion from the Learning Environment:

(I) Seclusion from the Learning Environment may be used as a planned behavior intervention strategy.

(II) School shall develop seclusion from the learning Environment duration guidelines.

(F) Isolation Room:

(I) An isolation room may be used in an emergency.

(II) Schools shall develop Isolation Room duration guidelines including a reentry strategy based on the student's ability to regain control and staff's ability to reestablish safety.

(III) Isolation Room seclusion exceeding the durational limits set forth in school's guidelines shall require immediate administrative review to determine if and under what conditions the Isolation Room seclusion may continue.

(IV) Schools shall develop an incident review strategy or debriefing strategy. The incident review or debriefing process shall address what, if any, subsequent actions need to be taken.

(V) Physical Space Requirements for Isolation Rooms:

(1.) The room shall provide a means of continuous visual and auditory monitoring of the student.

(2.) The room shall be adequately lighted with switches to control lighting located outside the room.

(3.) The room shall be adequately ventilated with switches to control fans or other ventilation devices located outside the room.

(4.) The room shall maintain a temperature within the normal human comfort range and consistent with the rest of the building with temperature controls located outside of the room.

(5.) The room shall be clean and free of objects and fixtures that could be potentially dangerous to a student and must meet all fire and safety codes.

(6.) The room shall be constructed of materials safe for its intended use, including wall and floor coverings designed to prevent injury to the student.

(7.) The room shall be able to be opened from the inside immediately upon the release of a security mechanism held in place by constant human contact.

(8.) The dimensions of the room shall be adequate width, length, and height to allow the student to move about and recline comfortably.

(c) Mandatory Documentation. Schools shall complete the mandatory documentation for all use of Restraint and Isolation Room seclusion.

(i) Incident Report: At a minimum, the incident report shall include:

(A) Antecedents, interventions, and other relevant factors;

(B) Description of the regulated intervention used;

(D) Student's response to the seclusion;

(E) Administrative Review, if necessary;

(F) Release or reentry factors;

(G) Injuries to the student, if any;

(H) Debriefing.

(ii) The district shall provide to the parents copies of all mandatory documentation according to the parent notification procedure developed by the school.

(d) Parent Notification. The school shall develop a parent notification procedure that includes, at a minimum, written notification within 24 hours, or other timeframe as agreed upon by the school or parent, of using a regulated procedure. Notification shall be complete upon mailing, personal deliver, or electronic transmission of the notice.

History

Effective 2017-07-13

Wyo. Code R. 206.0002.42.07132017 § 5 Enforcement of Policy

(a) Schools shall specify a procedure for the lodging and investigation of complaints regarding misuse of the school district's policy on seclusion and restraint. Policies must include a process for notifying the Wyoming Department of Education when seclusion and restraint complaints are received. In order to support districts the WDE may review violations and policies and work with the school and district to create an improvement plan that includes:

(i) Increase monitoring, evaluation, and on site review;

(ii) Offer support, including training and capacity building, for schools to meet the varied and specialized learning needs of children with and without disabilities;

(iii) The department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The department may require appropriate revision of the plan to ensure compliance;

(iv) If the school where the violation(s) occurred does not meet the requirements of the plan to the satisfaction of the department, the department will require onsite technical assistance with necessary district staff to assist in the development and monitoring of a compliant plan. The department will increase monitoring and evaluating of district progress plan.

History

Effective 2017-07-13

Wyo. Code R. 206.0002.42.07132017 § 6 Publication of Policy

Schools must include their seclusion and restraint policies within their district/school handbooks and handbooks shall be posted on the district website where they are accessible to both the Wyoming Department of Education and the public.

History

Effective 2017-07-13

Wyo. Code R. 206.0002.42.07132017 § 7 Data Collection Requirements

Schools shall collect and report annually to the Wyoming Department of Education the number of students involved in the use of regulated intervention, the number of incidents of seclusion and restraint, and the type of regulated intervention utilized.

History

Effective 2017-07-13

Chapter 43 School Nutrition Project

Wyo. Code R. 206.0002.43.09062018 § 1 Authority

These rules are promulgated pursuant to 2018 Wyoming Session Laws, Chapter 134, Section 206.

History

Effective 2018-09-06

Wyo. Code R. 206.0002.43.09062018 § 2 Definitions

(a) "Processing costs" means the costs associated with butchering livestock and poultry. This includes cutting, grinding, or forming ground products into patties without any additives or fillers. Packaging entails vacuum-packing, freezing, or storing meat fresh.

(b) "Wyoming meat" means poultry, lamb, pork, beef or bison residing in Wyoming at the time of slaughter and donated by a Wyoming producer.

(c) "Wyoming producer" means any person engaged in the business of producing or causing to be produced for marketing, any Wyoming meat as defined above.

History

Effective 2018-09-06

Wyo. Code R. 206.0002.43.09062018 § 3 Grant Application

(a) A school district may apply to the Department of Education for a grant to pay for processing costs for Wyoming meat via competitive grant application. The Department of Education will release the application no later than October 1 of each school year.

(b) A grant application must be submitted to the Department of Education no later than October 31 of each school year.

(d) The district must provide a description of its goals for increasing the quantity of Wyoming meat used in school lunches.

History

Effective 2018-09-06

Wyo. Code R. 206.0002.43.09062018 § 4 Grant Funding

(a) The Department of Education may provide funding to equally match a district's processing costs during school year 2018-2019 and school year 2019-2020, contingent upon available funding.

(b) Grant funding shall only be awarded to pay for processing costs of Wyoming meat donated to the district for use in school lunches. Grant funding cannot be used for the cost of processing of prime cuts or other cuts not intended for school lunches.

(c) Priority will be given to districts that already participate in farm-to-school efforts and have already contributed district funding to pay for local meat processing.

(d) Only districts that currently participate in the USDA National School Lunch Program are eligible for grant funding.

History

Effective 2018-09-06

Chapter 44 Rules for the Special Education Component within the Education Resource Block Grant Model

Wyo. Code R. 206.0002.44.11292022 § 1 Authority

These rules are promulgated pursuant to Wyoming Statute 21-2-202(a)(i); W.S. 21-2-203(a); W.S. 21-13-309; and W.S. 21-13-321(d).

History

Effective 2022-11-29

Wyo. Code R. 206.0002.44.11292022 § 2 Definitions

(a) "Advertising" means costs for print (newspapers, flyers, brochures, etc.), radio, internet or television advertisements, the purpose of which is to recruit special education staff, procure special education goods or services, communicate to the public concerning special education issues such as the destruction of special education records, announce child find activities as defined by 34 C.F.R. § 300.111(a)(i), or dispose of surplus special education goods.

(b) "Contract Services" means professional services provided by a third party including fees paid for professional advice, training, applicable services, and consultation solely for the purpose of a district's special education program.

(d) "Evaluation" means procedures used in accordance with 34 C.F.R. §§ 300.304 through 300.311 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs.

(e) "IEP" means an Individualized Education Program as defined by 34 C.F.R. § 300.22.

(f) "Special Education Services" means services provided to a student as identified in the student's IEP including special education, related services, supplementary aids and services, and necessary accommodations or modifications.

(g) "Time and Effort Log" means a personnel activity report created in accordance with current U.S. Office of Management and Budget guidance providing clear and continuous documentation for the amount of individual employee time spent on special education duties.

(h) "Travel Costs" means food, lodging, and other non-labor costs associated with special education staff travel directly related to the district's special education program. Travel costs may also include parental visitation subject to the requirements of Section 4.

History

Effective 2022-11-29

Wyo. Code R. 206.0002.44.11292022 § 3 General Provisions

(a) The Department shall reimburse district expenditures for special education services that specifically and directly relate to a service or program provided pursuant to a student's IEP and is in addition to those services and programs provided as general education to all students.

(b) The Department shall not reimburse any other school district expenses except as provided in Section 4 of this chapter.

(d) Equipment or information technology that is no longer needed by a student according to a student's IEP shall continue to be used in the district's special education program. With the exception of fixed assets, in the event that the equipment or information technology is disposed of in a manner that results in revenue, the revenue shall be used exclusively for special education services.

History

Effective 2022-11-29

Wyo. Code R. 206.0002.44.11292022 § 4 Reimbursable Expenses

The Department shall reimburse the following district direct costs:

(a) Advertising.

(b) Cell phones.

(d) Contract services provided:

(i) The Department shall reimburse districts for contract services only if services are performed pursuant to a contract, including any fully executed amendments, in place at the time services are rendered.

(ii) The Department shall reimburse for contract services only if the district paid for services after the services were provided. This provision does not apply to district payments to Boards of Cooperative Educational Services or other Wyoming school districts that the board of trustees of the district seeking reimbursement has pre-approved.

(iii) Each contract for out-of-district or out-of-state placement shall be executed for only one child.

(iv) Contracted services that require a practitioner to be licensed shall only be provided by providers licensed under Title 33 of Wyoming Statutes, W.S. 21-2-802, or the relevant law of the jurisdiction in which services are provided if services are provided out of state.

(v) Districts shall keep all contracts for services on file for review as required by state and district record retention policies.

(vi) This subsection includes case management services.

(e) Equipment, including information technology, used exclusively to deliver special education services.

(f) Evaluations to determine whether a child qualifies for special education.

(g) Instructional materials used exclusively for special education.

(h) Travel Costs for Special Education Staff subject to the following:

(i) Travel expense reimbursement shall not exceed the rate for state employees as provided in W.S. 9-3-102 and W.S. 9-3-103 in effect at the time of travel.

(ii) Reimbursement for fuel or mileage allowance for special education staff providing services within the scope of duties using a personal vehicle shall not exceed the state standard mileage rate in effect at the time of travel.

(i) Professional Development solely devoted to special education subjects.

(j) Salary and Benefits subject to the following:

(i) Reimbursement for personnel costs of teachers and related services staff providing special education services to children with disabilities shall be limited to those individuals licensed under Title 33 of Wyoming Statutes or W.S. 21-2-802 to deliver the services they provided. This requirement does not apply to substitute teachers.

(ii) Personnel providing full-time case management or special education services to children with disabilities shall be subject to one hundred percent (100%) reimbursement provided that the following support documentation is on file at the district office:

(A) Written position description; and

(B) Semiannual certification demonstrating that the employee worked solely on special education; or

(C) For personnel working on multiple cost objectives, time and effort records that accurately reflect the total percentage of time worked on special education and supported by a system of internal control and written policies that provide reasonable assurance that the charges are accurate, allowable, and properly allocated.

(k) Supplies used exclusively for providing special education services.

(l) Travel Costs for parents pursuant to a school district policy setting forth the conditions, limitations, and allowable frequency of travel by parents to visit their child receiving special education services when the child has been placed in a specialized setting away from the home in accordance with the child's IEP.

(m) Costs paid for an out-of-district placement required by a student's IEP.

(n) Reasonable administrative costs to bill for authorized Medicaid services. Reasonable means any increased staff expenses attributable solely to administering Medicaid billing services.

History

Effective 2022-11-29

Chapter 46 Early Childhood Community Collaborative Grant

Wyo. Code R. 206.0002.46.12192019 § 1 Authority

These rules are promulgated pursuant to 2019 House Enrolled Act 51, Section 339; 2019 Wyoming Session Law 294.

History

Effective 2019-12-19

Wyo. Code R. 206.0002.46.12192019 § 2 Definitions

(a) "Early Childhood" means the years between one (1) and eight (8) years of age.

(b) "Early Childhood Community Collaborative Grant Administrator" means the agency, agency director, or agency staff who oversees the Early Childhood Community Collaborative Grants.

(c) "Early Childhood Community Collaborative Grant Committee," (The Committee), means a group of individuals consisting of personnel from the Department of Education and the Governor's Early Childhood State Advisory Council.

History

Effective 2019-12-19

Wyo. Code R. 206.0002.46.12192019 § 3 Grant Eligibility

(a) Eligible applicants will be a Wyoming school district, agency, or non-profit organization registered to do business with the Secretary of State's office with:

(i) The capacity to facilitate, or a history that demonstrates facilitation of, broad-based community collaboration with the intent to provide services to all children and their families to ensure that children are ready to be successful in school;

(ii) A demonstrable and in-depth knowledge of the early education system in its community;

(iii) A demonstrable and in-depth knowledge of high standards for early learning opportunities and ability to maximize resources; and

(iv) A demonstrable ability to provide an in-kind or monetary four to one match of total funds requested.

(b) Applicants will be eligible for a maximum of $50,000 that will be used to supplement, not supplant, early childhood education and receive funding one (1) time during the grant period.

History

Effective 2019-12-19

Wyo. Code R. 206.0002.46.12192019 § 4 Application

The grant application will be filled out completely, submitted to the Department, and will include:

(a) A project proposal that clearly expresses and depicts the applicant's and the community's commitment to ensure that all children are ready to be successful in school by:

(i) Facilitating regular and on-going communication and collaboration between the community's early childhood stakeholders including broad outreach to and a minimum of participation from families, kindergarten teachers, school district administrators, early childhood education professionals and teachers, and health professionals; and

(ii) Obtaining data and strengths-based evaluation from the community to inform and evaluate actions;

(b) A community description containing information about the community, including:

(i) A definition of community boundaries and the population that may be served with grant funds;

(ii) Defining characteristics of the identified community; and

(iii) An overview of community needs and existing resources that includes data and strengths-based evaluation.

(c) An overview of existing and planned community collaborative that details existing and past efforts to engage early childhood partners in the community as well as the strategy for continued broad-based community engagement. Partners will include, but not be limited to:

(i) Families;

(ii) Early childcare providers and education professionals; and

(iii) Representation from the K-12 education system such as teachers, school district administrators, and staff.

(d) A list and narrative of the actions that connect to the community's needs and commitment to ensure that all children are ready to be successful in schools. Actions may include, but are not limited to those:

(i) Facilitating regular and on-going communication and collaboration between the community's early childhood stakeholders including broad outreach to and participation;

(ii) Supporting families as their children's first and most important guide and teacher by providing resources, trainings, events, or support groups;

(iii) Assisting and providing support to families to enroll their children in early childhood education programs where they are served in home visiting programs or in licensed child care facilities;

(iv) Extending developmentally appropriate education services, events or materials for all children and their families in the community;

(v) Defraying the costs of additional or more qualified teaching staff, appropriate education materials and equipment to improve the quality of educational experiences offered to young children and families;

(vi) Supplementing or covering the costs of professional development and age-appropriate child assessment for individuals and programs working with young children;

(vii) Administering, implementing, monitoring and evaluating the early childhood collaborative and individual programs; and

(viii) Increasing the public's understanding of and support for early childhood work.

(e) Include a request for any technical assistance or training that increases and supports the community's work to achieve positive outcomes.

(f) Include a cost proposal providing:

(i) A detailed operational budget showing expenditures and income and an in-kind or monetary match of four to one of total funds requested; and

(ii) A budget narrative.

History

Effective 2019-12-19

Wyo. Code R. 206.0002.46.12192019 § 5 Grant Award Process

(a) Each application will be reviewed by the Committee.

(b) The Committee will evaluate only completed applications.

(c) The Department will award grants after reviewing recommendations from the Committee and will have the final decision.

(d) The Department may conduct a cost analysis of the applicant's budget proposal. The analysis will include a review of the associated costs based on the technical content of its submission.

(e) Applicants may be asked to submit additional information in order to clarify their proposals.

(f) Grant awards will be made during the 2019-2020 school year through contracts with the Department.

(g) The Department, in consultation with the Early Childhood Community Collaborative Grant Committee, will determine whether to award all or a portion of the funds requested in the application.

History

Effective 2019-12-19

Wyo. Code R. 206.0002.46.12192019 § 6 Grantee Responsibilities

The grantee will execute the grant agreement provided by the state.

History

Effective 2019-12-19

Wyo. Code R. 206.0002.46.12192019 § 7 Termination of Grant

(a) The Department reserves the right to terminate the contract if the Early Childhood Community Collaborative grantee fails to perform in accordance with the conditions of the application or contract.

(b) Any grantee who is terminated from the grant program will repay to the Department the grant amount as outlined in the grant agreement.

History

Effective 2019-12-19

Chapter 47 Wyoming Accountability System

Wyo. Code R. 206.0002.47.05042022 § 1 Authority

The rules are promulgated by the State Board of Education under the authority of Wyoming Statute § 21-2-204.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 2 Definitions

As used in this chapter:

(a) "Accountability Year" means the most recently completed school year.

(b) "All Enrolled Students" means any student enrolled during the state assessment testing window. This definition is specifically for the purpose of computing participation rate.

(c) "Alternative School" means any school that the Department funds as an alternative school for the purposes of the education resource block grant model under W.S. 21- 13-309(m)(v)(B).

(d) "Four-Year, On-Time Graduation Cohort" means all of the first-time grade-nine students in the school year 4 years prior to the graduation year (i.e., the starting year) plus students who transfer in, minus students who transfer out, emigrate, or die prior to the graduation year.

(e) "Lagged Indicator" means an indicator in which the score is based on the performance of a cohort from the year before the accountability year.

(f) "Minimum n" means the minimum number of students needed to have a score on an indicator. The minimum n is 10 on all indicators.

(g) "One Additional Non-Participant Rule" means the process of dropping the actual required participation rate for tests on a given indicator to the point at which the number of tests required most closely matches the stated participation rate without exceeding it.

(h) "WAEA" means the Wyoming Education and Accountability Act (W.S. 21-2-

204).

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 3 Accountability Indicators

(a) Schools shall receive target level scores and a school performance rating based on the following indicators:

(i) For traditional schools serving grades three through eight:

(A) Academic Achievement

(B) Growth

(D) English Language Proficiency

(ii) For traditional high schools:

(A) Academic Achievement

(B) Growth

(D) English Language Proficiency

(E) Extended Graduation Rate

(F) Post-Secondary Readiness

(G) Credits Earned

(iii) For alternative schools:

(A) Academic Achievement

(B) Growth

(D) Credits Earned

(E) College and Career Readiness

(F) Climate

(G) Engagement

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 4 Indicators for Traditional Schools serving grades three through eight

(a) Academic Achievement.

(i) The school's achievement score is the percent of proficient or above- proficient test scores in mathematics, English language arts, and science on the statewide summative assessment, rounded to a whole number, for all students enrolled for a full academic year. In this section, "full academic year" means enrollment in the same school from the first

weekday in October until a spring accountability date set by the Department each year during the state summative test window.

(ii) Schools with an achievement score equal to or greater than 68 are in the exceeds target level category on the academic achievement indicator.

(iii) Schools with an achievement score equal to or greater than 51, but below 68, are in the meets target level category on the academic achievement indicator.

(iv) Schools with an achievement score lower than 51 are in the below target level category on the academic achievement indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Achievement Score

< 51

= 51 and < 68

= 68

(b) Growth.

(i) Growth is measured in schools serving grades four through eight. In order to compute growth scores, students must have at least two consecutive years of state test scores from a Wyoming school district. Growth is computed separately for math and reading on the state test for students in grades four through eight.

(ii) The model implemented to measure growth produces student growth percentiles (SGPs). SGPs indicate how an individual student's growth compared with that of all Wyoming public school students from that particular year in the same grade who had similar math or reading scores in previous years as determined by quantile regression analysis.

(iii) The school's mean growth percentile (MGP) is the mean of all reading and math SGPs for students enrolled for a full academic year at the school rounded to a whole number. In this section "full academic year" is defined as enrollment in the same school from the first weekday in October until a spring accountability date set by the Department each year during the state summative test window.

(iv) Schools with an MGP equal to or greater than 60 are in the exceeds target level category on the growth indicator.

(v) Schools with an MGP equal to or greater than 48, but below 60, are in the meets target level category on the growth indicator.

(vi) Schools with an MGP lower than 48 are in the below target level category on the growth indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's MGP

< 48

= 48 and < 60

= 60

(i) Students enrolled in the current year for a full academic year who had low performance in either math or reading or both on the prior year's state test are assigned to a consolidated subgroup. In this section, "full academic year" means enrollment in the same school from the first weekday in October until a spring accountability date set by the Department each year during the state summative test window. Low performance is based upon a score that falls below the cut-scores reported in Table 4.1.

(ii) Students are identified for the consolidated subgroup membership for only the subject areas where they scored below the cut-scores in Table 4.1 in the prior year.

Table 4.1. Statewide Summative Assessment Cut-Scores for Consolidated Subgroup Identification.

Content Areas

Reading

Math

Grade 3

566

418

Grade 4

582

443

Grade 5

605

468

Reading

Math

Grade 6

616

491

Grade 7

615

514

(iii) The Department shall calculate each school's equity score as follows:

(A) First, based on the SGPs of students in grades four through eight, the Department shall compute separate MGPs for (a) the consolidated subgroup and (b) all students not in the consolidated subgroup.

(B) Second, the MGP for the consolidated subgroup is then multiplied by 0.80, and the MGP for the students not in the consolidated subgroup is multiplied by 0.20.

(C) Third, the Department shall add these weighted MGPs and round the sum to a whole number to produce the school's equity score.

(iv) Schools with a school equity score that is equal to or greater than 60 are in the exceeds target level category on the equity indicator.

(v) Schools with a school equity score that is equal to or greater than 48, but below 60, are in the meets target level category on the equity indicator.

(vi) Schools with a school equity score that is lower than 48 are in the below target level category on the equity indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Equity Score

< 48

= 48 and < 60

= 60

(d) English Language Proficiency.

(i) The English Language Proficiency (ELP) indicator measures whether English learners (EL) are making expected progress toward becoming English proficient. English proficiency is defined as earning a composite performance level (CPL) of at least 4.6 on the ACCESS and a literary performance level (LPL) of at least 4.3.

(ii) A student's target year for English proficiency is calculated based on the CPL the student earns in the first year that the student takes the ACCESS test as illustrated in Table 4.2.

Table 4.2. Year One Composite Performance Level and the Corresponding Target Year for English Proficiency.

Year One Composite Performance Level Score

Target Year (for English Proficiency)

At Least 4.6

Year One

4.0 to 4.5

Year Three

3.0 to 3.9

Year Four

2.0 to 2.9

Year Five

1.0 to 1.9

Year Six

(iii) The English language progress target for any EL student in a given year is the answer to the following formula rounded to the nearest whole number: ((end-year CSS - current year CSS)/years to target year) + current year CSS = English language progress target.

(A) The end-year composite scale score (CSS) is the CSS score that is equivalent to a CPL of 4.6 for the grade of the student's target-year for English proficiency as determined by Table 4.2.

(B) The years to target shall be calculated by taking the student's initial year CPL and using Table 4.2 above to determine how many years until the student is expected to be proficient. Every subsequent year the student's years to target is reduced by one.

(iv) Once the EL student reaches the target year, and every year thereafter until the EL student demonstrates English proficiency, the EL student's annual progress target is English proficiency. This means the student must have a CPL of at least 4.6 and an LPL of at least 4.3.

(v) The school score for the ELP indicator is the percentage of EL students at a school who meet their annual English proficiency progress target rounded to the nearest whole number.

(vi) For schools serving grades three through eight:

(A) Schools with an ELP score that is equal to or greater than 60 are in the exceeds target level category on the ELP indicator.

(B) Schools with an ELP score that is equal to or greater than 36, but below 60, are in the meets target level category on the ELP indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's ELP Score

< 36

= 36 and < 60

= 60

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 5 Aggregation Rules for Traditional Schools Serving Grades three through

eight.

(a) Schools receive three points for every indicator score that falls within the exceeds target level category, two points for every indicator score that falls within the meets target level category, and one point for each indicator score that falls within the below target level category.

WAEA Performance Category Cut Scores

Below Targets (1 Point)

Meeting Targets (2 points)

Exceeding Targets

(3 Points)

Growth

< 48

= 48 and < 60

= 60

Equity

< 48

= 48 and < 60

= 60

Below Targets (1 Point)

Meeting Targets

(2 points)

Exceeding Targets (3 Points)

Academic Achievement

< 51

= 51 and < 68

= 68

English Language Proficiency

< 36

= 36 and < 60

= 60

(b) The weighted average indicator score is calculated by summing the products obtained by multiplying the points earned for each indicator with the corresponding weights in Table 5.1. This sum is then rounded to one decimal place.

Table 5.1. The weighted index for schools serving grades three through eight.

Indicator Category

Specific Indicator

Weight

Academic Performance

70%

Academic Achievement

35%

Growth

35%

Overall Equity

30%

Equity

25%

EL Progress

(c) If a school does not meet the minimum n for both indicators in an indicator category, then the weight of the category is distributed proportionately among the remaining indicators.

(d) If a school does not meet the minimum n for either academic achievement or growth, even after applying lookbacks, as described in Section 12 of these rules, then the school is considered a small school. The school will undergo a small school review, as described in Section 13 of these rules, and will not receive a school performance rating.

(e) If a school does not meet the minimum n for an indicator in an indicator category, then the weight of the remaining indicator is equal to the weight of the entire indicator category.

(f) The Department shall assign the school performance ratings as follows:

(i) Schools with a weighted average indicator score that is equal to or greater than 2.6 are "exceeding expectations."

(ii) Schools with a weighted average indicator score that is equal to or greater than 1.8, but below 2.6, are "meeting expectations."

(iii) Schools with a weighted average indicator score that is equal to or greater than 1.4, but below 1.8, are "partially meeting expectations."

(iv) Schools with a weighted average indicator score that is lower than 1.4 are "not meeting expectations."

Not Meeting Expectations

Partially Meeting Expectations

Meeting Expectations

Exceeding Expectations

Weighted Average Indicator Score

< 1.4

= 1.4 and < 1.8

= 1.8 and < 2.6

= 2.6

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 6 Indicators for Traditional High Schools

(a) Academic Achievement.

(i) The achievement indicator score (AIS) for traditional high schools is the percent of proficient or above-proficient test scores in mathematics, English language arts, and science on statewide summative assessment, rounded to a whole number, for all students enrolled for a full academic year. In this section, "full academic year" means enrollment in the same school from the first weekday in October until a spring accountability date set by the Department each year during the state summative test window.

(ii) Schools with an AIS equal to or greater than 60 are in the exceeds target level category on the academic achievement indicator.

(iii) Schools with an AIS equal to or greater than 48, but below 60, are in the meets target level category on the academic achievement indicator.

(iv) Schools with an AIS lower than 48 are in the below target level category on the academic achievement indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's AIS

< 48

= 48 and < 60

= 60

(b) Growth.

(i) Growth is measured in schools serving grades nine through eleven. In order to compute growth scores, students must have at least two consecutive years of state test scores from a Wyoming school district. Growth is computed separately for math and reading on the state test for students in grades nine and ten and from the state assessment to the college entrance exam for grade eleven.

(ii) The Department shall calculate a school's MGP using the methodology described in Section 4(b).

(iii) Schools with an MGP equal to or greater than 60 are in the exceeds target level category on the growth indicator.

(iv) Schools with an MGP equal to or greater than 49, but below 60, are in the meets target level category on the growth indicator.

(v) Schools with an MGP lower than 49 are in the below target level category on the growth indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's MGP

< 49

= 49 and < 60

= 60

(i) Students enrolled in the current year for a full academic year who had low performance in either math or reading or both on the prior year's state test are assigned to a consolidated subgroup. In this section "full academic year" is defined as enrollment in the same school from the first weekday in October until a spring accountability date set by the Department each year during the state summative test window. Low performance is based upon scoring below the cut-scores reported in Table 6.1.

Table 6.1. Statewide Summative Assessment Cut-Scores for Consolidated Subgroup Identification.

Content Areas

Reading

Math

Grade 8

628

542

Grade 9

607

562

(ii) Students are identified for the consolidated subgroup membership for only the subject areas where they scored below the cut-scores in Table 6.1 in the prior year.

(iii) The Department shall calculate each school's equity score for grades nine

and ten using the same methodology as described in Section 4(c)(iii).

(iv) Schools with an equity score that is equal to or greater than 60 are in the exceeds target level category on the equity indicator.

(v) Schools with an equity score that is equal to or greater than 49, but below 60, are in the meets target level category on the equity indicator.

(vi) Schools with an equity score that is lower than 49 are in the below target level category on the equity indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Equity Score

< 49

= 49 and < 60

= 60

(d) English Language Proficiency.

(ii) A student's target year is calculated based on the CPL the student earns in the first year that the student takes the ACCESS test.

Table 6.2. Year One Composite Performance Level and the Corresponding Target Year for English Proficiency.

Year One Composite Performance Level Score

Target Year (for English Proficiency)

At Least 4.6

Year One

4.0 to 4.5

Year Three

3.0 to 3.9

Year Four

2.0 to 2.9

Year Five

1.0 to 1.9

Year Six

(iii) The Department shall calculate the student English language progress target for a given year using the methodology described in Section 4(d).

(iv) The school score for the ELP indicator is the percentage of EL students at a school who meet their annual English proficiency progress target rounded to the nearest whole number.

(v) Schools with an ELP score that is equal to or greater than 40 are in the exceeds target level category on the ELP indicator.

(vi) Schools with an ELP score that is equal to or greater than 19, but below 40, are in the meets target level category on the ELP indicator.

(vii) Schools with an ELP score that is lower than 19 are in the below target level category on the ELP indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's ELP Score

< 19

= 19 and < 40

= 40

(e) Extended Graduation Rate.

(i) The extended graduation rate is a lagged indicator.

(ii) The extended graduation cohort includes:

(A) Students in the four-year, on-time graduation cohort, and

(B) Students who graduate during the lagged year, five (5), six (6), or seven (7) years from becoming a first-time grade-nine student.

(iii) The school score is the extended graduation rate, which is calculated as follows:

(A) The numerator for the extended graduation rate is all 4-, 5-, 6-, and 7-year graduates.

(B) The denominator is the extended graduation cohort.

(iv) Schools with an extended graduation rate that is equal to or greater than 93 are in the exceeds target level category.

(v) Schools with an extended graduation rate that is equal to or greater than 85, but below 93, are in the meets target level category.

(vi) Schools with an extended graduation rate that is lower than 85 are in the below target level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Extended Graduation Rate Score

< 85

= 85 and < 93

= 93

(f) Post-Secondary Readiness.

(i) Post-Secondary Readiness (PSR) is a lagged indicator that includes all traditional high school graduates from the lagged year.

(ii) A school's score on the PSR indicator is the percentage of the lagged-year graduates who were college, career, or military ready rounded to the nearest whole number.

(iii) A student is college ready if the student has completed both a college preparatory curriculum that meets either the Opportunity, Performance, or Honor success curriculum for the Hathaway Scholarship Program as indicated on the student's high school transcript and one or more of the following:

(A) A composite score of 19 or higher on the ACT; or

(B) Obtain a score of 3 or higher on an Advanced Placement

examination; or

(D) Obtain a grade of a "C" or better in a 1000-level or higher dual/concurrent course.

(iv) A student is career ready when the student has;

(A) Passed two concentrator-equivalent courses within a sequence

(program of study).

(B) Earned a state-approved, industry-recognized certification/credential.

(v) A student is military ready if the student has achieved an AFQT score of 45 on the Armed Services Vocational Aptitude Battery and either of the following:

(A) Successful completion of a college preparatory curriculum that is equivalent to the Opportunity, Performance or Honors success curriculum for the Hathaway Scholarship Program; or

(B) Successful completion of a career/technical education program of

study.

(vi) Schools with a PSR score that is equal to or greater than 80 are in the exceeds target level category.

(vii) Schools with a PSR score that is equal to or greater than 67, but below 80, are in the meets target level category.

(viii) Schools with a PSR score that is lower than 67 are in the below target

level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's PSR Score

< 67

= 67 and < 80

= 80

(g) Credits Earned.

(i) Credits earned is a lagged indicator that includes first-time grade-nine

students from the lagged year.

(ii) A school's score on the credits earned indicator is the percentage of lagged-year grade-nine students who earned one-fourth of the credits required to graduate from the designated traditional high school within four years.

(iii) The credits earned indicator applies to all students in attendance at the school from the first weekday in October until within ten days of the end of the school year.

(iv) Schools are sorted into one of three target levels based on their grade-nine credit indicator scores as follows:

(A) Schools with a credits earned indicator score that is equal to or greater than 95 are in the exceeds target level category.

(B) Schools with a credits earned indicator score that is equal to or greater than 88, but below 95, are in the meets target level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Credits Earned Score

< 88

= 88 and < 95

= 95

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 7 Aggregation Rules for Traditional High Schools

WAEA Performance Category Cut Scores

Below Targets

Meeting Targets

Exceeding Targets

Growth

< 49

= 49 and < 60

= 60

Equity

< 49

=49 and < 60

= 60

Academic Achievement

< 48

= 48 and < 60

= 60

English Language Proficiency

< 19

= 19 and < 40

= 40

Extended Graduation Rate

< 85

= 85 and < 93

= 93

Below Targets

Meeting Targets

Exceeding Targets

Post- Secondary Readiness

< 67

= 67 and < 80

= 80

Credits Earned

< 88

= 88 and < 95

= 95

(b) The weighted average indicator score is calculated by summing the products obtained by multiplying the points earned for each indicator with the corresponding weights in Table 7.1. This sum is then rounded to one decimal place.

Table 7.1. Weights for Weighted Average Index for Traditional High Schools.

Indicator Category

Specific Indicator

Weight

Academic Performance

Academic Achievement Growth

40%

20%

Readiness

Extended Graduation

Postsecondary Readiness Grade 9

Credit

40%

20%

15%

Overall Equity

Equity

EL Progress

20%

15%

(c) If a school does not meet the minimum n for either academic achievement or extended graduation rate, even after applying lookbacks, as described in Section 12 of these

rules, then the school is considered a small school. The school will undergo a small school review as established in Section 13 and will not receive a school performance rating.

(d) If a school does not meet the minimum n for all indicators in an indicator category then the weight of the category is distributed proportionately among the remaining indicators.

(e) If a school does not meet the minimum n for one or more indicators in an indicator category then the weight is distributed proportionally among the remaining indicators in that indicator category.

(f) The Department shall assign the school performance ratings as follows:

(i) Schools with a weighted average indicator score that is equal to or greater than 2.5 are "exceeding expectations."

(ii) Schools with a weighted average indicator score that is equal to or greater than 1.8, but below 2.5, are "meeting expectations."

(iii) Schools with a weighted average indicator score that is equal to or greater than 1.4, but below 1.8, are "partially meeting expectations."

(iv) Schools with a weighted average indicator score that is lower than 1.4 are "not meeting expectations."

Table 7.2. School Performance Rating Scores

Not Meeting Expectations

Partially Meeting Expectations

Meeting Expectations

Exceeding Expectations

Weighted average indicator score

< 1.4

= 1.4 and < 1.8

= 1.8 and < 2.5

= 2.5

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 8 Indicators for Alternative Schools

(a) Academic Achievement.

(i) Each alternative school's achievement indicator score (AIS) is the mean student index score for math, English language arts, and science for all students enrolled for a full academic year. In this section "full academic year" is defined as enrollment in the same school from the first weekday in October until a spring accountability date set by the Department each year during the state summative test window.

(ii) The Department shall convert each student's performance level score on the statewide summative assessment (i.e., basic, below basic, proficient, or advanced) to a score pursuant to the index represented in Table 8.1.

Table 8.1. The WAEA Alternative School Achievement Index.

Student Performance Level

Student Index Score

Below Basic

Basic

Proficient

100

Advanced

150

(iii) Alternative schools with an AIS equal to or greater than 50 are in the exceeds target level category on the academic achievement indicator.

(iv) Alternative schools with an AIS equal to or greater than 30, but below 50, are in the meets target level category on the academic achievement indicator.

(v) Alternative schools with an AIS lower than 30 are in the below target level category on the academic achievement indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's AIS

< 30

= 30 and < 50

= 50

(b) Growth.

(i) Growth is measured in schools serving grades seven through eleven. In order to compute growth scores, students must have at least two consecutive years of state test scores from a Wyoming school district. Growth is computed separately for math and reading on the state test for students in grades seven through ten and from the state assessment to the college entrance exam for grade eleven.

(ii) The Department shall calculate a school's MGP using the methodology described in Section 4(b).

(iii) Schools with an MGP equal to or greater than 50 are in the exceeds target level category on the growth indicator.

(iv) Schools with an MGP equal to or greater than 40, but below 50, are in the meets target level category on the growth indicator.

(v) Schools with an MGP lower than 40 are in the below target level category on the growth indicator.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's MGP

< 40

= 40 and < 50

= 50

(i) The graduation credential rate is a lagged indicator.

(ii) The alternative graduation credential cohort is the Wyoming extended graduation cohort, as defined in Section 6(e)(ii), plus any non-completer from the 5-, 6-, and 7- year graduation cohorts who passed a graduate equivalency exam any time during the lagged school year up through February of the accountability year.

(iii) The graduation credential earners are all of the school's graduates from the extended graduation cohort plus all 4-, 5-, 6-, and 7-year cohort students who were reported to have passed a graduate equivalency exam anytime during the lagged year up to February of the accountability year.

(iv) In order to calculate a school's graduation credential rate, the Department shall divide the school's number of graduation credential earners by the school's number of students that belong to the alternative graduation credential cohort. The quotient is then converted to a percentage and rounded to the nearest whole number.

(v) The alternative high school credential rate at each school is placed into one of three target levels:

(A) Schools with a high school credential rate that is equal to or greater than 83 are in the exceeds target level category.

(B) Schools with a high school credential rate that is equal to or greater than 83, but below 67, are in the meets target level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Graduation Credential Rate Score

< 67

= 67 and < 83

= 83

(d) Credits Earned.

(i) Credits earned is a lagged indicator that includes first-time grade-nine, grade-ten, and grade-eleven students from the lagged year.

(ii) A school's score on the credits earned indicator is the percentage of lagged-year grade-nine, grade-ten, and grade-eleven students who earned one-fourth of the credits required to graduate from the designated alternative high school within four years.

(iii) The credits earned indicator applies to all students attending the school from the first weekday in October until within ten days of the end of the school year during the year that they were in grades nine, ten, and eleven.

(iv) Schools are sorted into one of three target levels based on their credits earned indicator scores as follows:

(A) Alternative schools with a credits earned indicator score that is equal to or greater than 83 are in the exceeds target level category.

(B) Alternative schools with a credits earned indicator score that is equal to or greater than 67, but below 83, are in the meets target level category.

(C) Alternative schools with a credits earned indicator score that is lower than 67 are in the below target level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Credits Earned Score

< 67

= 67 and < 83

= 83

(e) College and Career Readiness.

(i) College and career readiness (CCR) is a lagged indicator that includes all alternative high school graduates from the lagged year.

(ii) A student's CCR index score is the points associated with the highest observed outcome level for that student in any of the five rows in Table 8.2.

Table 8.2. College and Career Readiness (CCR) Index.

Level 0 (0 points)

Level 1 (10 points)

Level 2 (20 points)

Level 3 (30 points)

No evidence

Complete Hathaway Provisional curriculum

Complete Hathaway Opportunity curriculum

Complete Hathaway Performance/Honors curriculum

No evidence

ACT 17-18

ACT 19-20

ACT 21 +

No evidence

Passed one state approved concentrator (C) course or equivalent in a non-Perkins setting

CTE state approved concentrator or equivalent in a non- Perkins setting

CTE concentrator with state approved industry recognized credential

No evidence

ACT WorkKeys

NCRC Bronze (9- 11). At least a Level 3 on each exam.

ACT WorkKeys - NCRC Silver (12- 14). At least a Level 4 on each exam

ACT WorkKeys - NCRC Gold (15 or up). At least a Level 5 on each exam

Level 0 (0 points)

Level 1 (10 points)

Level 2 (20 points)

Level 3 (30 points)

No evidence

Credit earned for work experience or

ASVAB AFQT

score of at least 30

ASVAB AFQT

score of at least 45 or credit earned for work based learning

Eligible to receive college course credit (through dual/concurrent enrollment or AP/IB exam) or Completion of Youth Apprenticeship Program

(iii) An alternative school's CCR index score is the average index across all graduates' CCR scores rounded to a whole number.

(iv) The alternative schools' CCR index scores are then sorted into one of three target levels as follows:

(A) Schools with a CCR index score that is equal to or greater than 20 are in the exceeds target level category.

(B) Schools with a CCR index score that is equal to or greater than 15, but below 20, are in the meets target level category.

below target level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's College and Career Readiness Score

< 15

= 15 and < 20

= 20

(f) Climate.

(i) Each school shall administer the 24-item student climate survey every fall and spring. The survey has three domains: staff support and respect, student support and respect, and high expectations.

(ii) Student responses on the survey are assigned points as follows: strongly agree (4), agree (3), disagree (2), and strongly disagree (1).

(iii) Student scores on each domain are the mean of their responses to the items on the domain rounded to two decimal places.

(iv) The student total score on the survey is the mean of the domain scores.

(v) The school score on the climate survey is the mean total score for all surveys completed at the school during both the fall and the spring combined.

(vi) The following item is included at the end of the student climate survey: "I provided honest responses on this survey to the best of my ability." The response options for this item are "yes" and "no." Survey results for students who respond "no" to this item are not included in the computation of school scores.

(vii) When a school's participation rate is below 85%, after the application of the one additional non-participant rule, the school is assigned to the below target level category on this indicator.

(viii) For alternative schools meeting the 85% participation rate requirement, the schools are assigned one of three target levels as follows:

(A) Alternative schools with a score that is greater than or equal to 3.3 are in the exceeds target level category.

(B) Alternative schools with a score that is greater than or equal to 2.8, but below 3.3, are in the meets target level category.

Below Target (1 point)

Meets Target (2 points)

Exceeds Target (3 points)

School's Climate Score

< 2.8

= 2.8 and < 3.3

= 3.3

(g) Engagement.

(i) Each alternative school shall implement and use a student success plan (SSP) for all students during each school year. A mentor for each student shall meet with their assigned student a minimum of two times per year to discuss the student success plan.

(ii) The student success plan shall include the following components:

(A) Student goals and interests;

(B) Academic and attendance history; and

(iii) Principals shall annually sign a document indicating:

(A) Compliance with the SSP process; and

(B) The availability of artifacts demonstrating participation.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 9 Aggregation Rules for Alternative Schools

WAEA Performance Category Cut Scores

Indicators

Below Targets (1 point)

Meeting Targets (2 points)

Exceeding Targets

(3 points)

Growth

<40

= 40 and < 50

= 50

Academic Achievement

< 30

= 30 and < 50

= 50

Graduation Credential Rate

< 67

= 67 and < 83

= 83

College-Career Readiness

< 15

= 15 and < 20

= 20

Indicators

Below Targets (1 point)

Meeting Targets (2 points)

Exceeding Targets

(3 points)

Credits Earned

< 67

= 67 and < 83

= 83

Climate

< 2.8

= 2.8 and < 3.3

= 3.3

(b) The weighted average indicator score is calculated by summing the products

obtained by multiplying the points earned for each indicator with the corresponding weights in Table 9.1. This sum is then rounded to one decimal place.

Table 9.1. Indicator Weights for Computing Alternative School Weighted Average Indicator Scores.

Indicator

Weight

Academic Achievement

20%

Growth

25%

Graduation Credential Rate

25%

Credits Earned

College and Career Readiness

15%

Climate

10%

(c) If a school does not meet the minimum n for academic achievement and the graduation credential rate even after applying lookbacks, as described in Section 12, then the

school is considered a small school. The school will undergo a small school review as established in Section 13 and will not receive a school performance rating.

(d) When a school is missing some indicators, the missing weight(s) are redistributed proportionately among the remaining indicators.

(e) The Department shall assign the school performance ratings as follows:

(i) Schools with a weighted average indicator score that is equal to or greater than 2.3 are "exceeding expectations."

(ii) Schools with a weighted average indicator score that is equal to or greater than 1.7, but below 2.3, are "meeting expectations."

(iii) Schools with a weighted average indicator score that is equal to or greater than 1.4, but below 1.7, are "partially meeting expectations."

(iv) Schools with a weighted average indicator score that is lower than 1.4 are "not meeting expectations."

Table 9.2 School Performance Rating Scores

Not Meeting Expectations

Partially Meeting Expectations

Meeting Expectations

Exceeding Expectations

Weighted average indicator score

< 1.4

= 1.4 and < 1.7

= 1.7 and < 2.3

= 2.3

(f) Any school that fails to provide the assurance required by the engagement indicator, fails to comply with the student success plan process, or fails to demonstrate participation as required by the engagement indicator will have its final school performance rating reduced by one level.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 10 Additional Aggregation Rules

(a) Schools Serving High Schools and Grades below High School.

(i) Traditional schools that serve students in high school grades and grades below high school receive weighted average indicator scores for the high school grades and for the grades below high school.

(ii) These separate weighted average indicator scores are then combined into one overall weighted average indicator score for the school. This overall weighted average indicator score is further weighted to reflect the count of students tested on the state test in high school grades versus the count of students tested on the state test in the grades below high school.

(b) Alternative Schools Serving Grades Below High School.

(i) For alternative schools that serve both the high school grades and grades below high school the achievement, growth, and climate indicators are calculated including all of the students in all of the grades.

(ii) When the alternative school serving grades below grade 9 is not part of a high school, the weighted average indicator target level score is based upon the achievement, growth, and climate indicators. The indicator weights are modified as described in Section 9(d).

(iii) Any school that fails to provide the assurance required by the engagement indicator, fails to comply with the student success plan process, or fails to demonstrate participation as required by the engagement indicator will have its final school performance rating reduced by one level.

(i) When schools have grade three as their only tested grade, they are paired with the school their students feed into after grade three.

(ii) The grade three achievement scores from these schools are combined with the achievement scores from their paired school when determining school performance ratings.

(iii) The paired schools are treated as a single school for accountability calculations and both schools are assigned the same performance rating.

(d) Schools with no tested grades. When a school configuration does not contain any tested grade because it does not include students above the second grade, the school performance rating for the school that the K-2 school feeds into is applied to the K-2 school.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 11 Participation Rate

(a) Participation Rate on State Achievement Test.

(i) Each Wyoming school shall test students at a rate at or above 95% on the state achievement test.

(ii) Two participation calculations are applied to each school. First, participation calculations are computed for all students enrolled in the school during the testing

window. Second, participation calculations are computed for all FAY students at a school (i.e., with non-FAY students excluded).

(iii) A simple participation rate is the number of students who tested, divided by the number of students who should have tested at the school.

(iv) Whenever the 95% participation rate requirement would require a simple participation rate greater than 95%, the one additional non-participant rule will be applied.

(v) Participation rates are computed at the test score level rather than the student level. The Department shall set a target for the number of tests that need to be administered and scored at the school for the requirement to be met.

(vi) The minimum n for participation is 10 students. When students from prior school years are included through the lookback process described in Section 12 of these rules in order to meet the minimum n for the achievement indicator, the prior years that are used for that purpose are also included for the participation rate computations.

(vii) When a school does not meet the 95% participation rate requirement for all enrolled students, the Department shall increase the denominator on the Achievement indicator by the difference between the number of students necessary to reach the 95% requirement and the number of students tested.

(b) Participation Rate on the ACCESS.

(i) There is a 95% participation rate requirement for EL students on the ACCESS test. All identified EL students, including EL students for whom parents are refusing services, are required to take the ACCESS test during the testing window each school year.

(ii) The participation rate determination for EL students will include the one additional non-participant rule.

(iii) When a school does not meet the 95% participation rate requirement for ACCESS testing for all of the EL students at the school, the Department shall increase the denominator when calculating the school's ELP indicator score by a number equal to the number of non-tested students below 95% after applying the one additional non-participant rule.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 12 Minimum n and Lookbacks

(a) For accountability decisions, the minimum number of students (n) needed in order to produce a score on an indicator is 10.

(b) For schools with fewer than 10 students on an indicator, the performance of students from a prior school year is combined with the performance of students from the current year (i.e., a one-year lookback). If there are still fewer than 10 students on the indicator, the performance of students from two prior school years is combined with that of students from the

current year (i.e., a two-year lookback). If there are still fewer than 10 students on the indicator, the school does not have a score on that indicator.

(c) Traditional schools must have at least 10 students in the consolidated subgroup in order to receive a target level for the equity indicator.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 13 Small School Review Process

(a) The Department shall review the school's performance on all indicators. The Department shall identify indicators with below target student performance.

(b) A small school shall submit an improvement plan that addresses the identified indicators. These plans are due November 1st of each year, except for years in which there is a significant change to the statewide assessment system or the statewide accountability system. If the Board determines that a significant change has occurred, the plans are due on February 1st of the following year. In developing an improvement plan, the school shall analyze performance on the identified indicators.

(i) A description of how performance data beyond those from WAEA will be used to track student performance and improve student learning.

(ii) A description of the school's strategies for improving performance on the specified WAEA indicator(s).

(iii) A description of the school's systematic process for regular review of individual student performance.

(d) The Department shall assign a designation of "not met" to schools that do not submit a plan.

(e) The Department shall assign a designation of "not met" when schools submit a plan that fails to address all of the requirements of Subsection (c). Schools may resubmit plans rejected by the Department as inadequate.

(f) The Department shall assign a designation of "met" to a school that has submitted an adequate improvement plan.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 14 Long-Term Goals and Interim Targets

(a) The long-term goals and interim targets do not impact a school's accountability score.

(b) Long-term Goals.

(i) The long-term goals are meant to be achieved within fifteen years of the baseline year.

(ii) The long-term goals for the All Students subgroup: (A) Four-year graduation rate: 88

(B) Grade three through eight math: 57

(E) High school English language arts: 53 (F) Active English learners: 53

(iii) A school's interim target is the expected annual progress toward meeting the long-term goals.

(iv) A school has met its interim target when the school's goal score is at or above the long-term goal.

(v) The Department shall evaluate progress toward the long-term goal every

three years.

(i) Interim Targets are calculated using the baseline year. For all schools, the baseline year is Year 1. For the four-year, on-time graduation indicator, the baseline year is the accountability year 2016-17. Since this is a lagged indicator, the four-year, on-time cohort is the 2015-16 graduating class for the 2016-17 accountability year. For math achievement, ELA achievement, and ELP, the baseline year is 2017-18.

(ii) The end of the long-term goal 15-year period term is the 2031-32 2030-31 accountability year for the graduation indicator and 2032-33 2031-32 for the math, ELA, and ELP indicators.

(iii) Interim Target Computation for Schools below the long-term Goal during the Baseline Year.

(A) The baseline score and long-term goal are whole numbers. The expected annual progress is computed by subtracting the school baseline score from the long- term goal and dividing by 14. The expected annual progress is not rounded.

(B) Interim targets increase in years 5, 8, 11, 14, 15, and 16. Each increase is the baseline score plus expected annual improvement through the year of the increase rounded to a whole number.

(iv) Interim Target Computation for Schools above the long-term goal during the baseline year.

(A) In order to meet the interim target, the school score must be at or above the long-term goal.

(B) A school meets the interim target if their score drops by up to 5% so long as the score remains at or above the long-term goal.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 15 Statewide System of Support

(a) For all schools, the Department shall provide statewide training designed to promote the use of evidence-based practices aligned to the following topics:

(i) School leadership;

(ii) Culture and climate;

(iii) Data-informed planning;

(iv) Professional development;

(v) Curriculum and instruction; and

(vi) Learning support.

(b) The following requirements apply to school improvement plans developed according to W.S. 21-2-204(h)(v) and (vi):

(i) Initial Consultation. The department shall:

(A) Consult with the school district and select a school improvement

representative.

(B) Train the representative in the school improvement process.

(C) Provide assistance to the representative and individual schools at the representative's request in how to perform school improvement planning and accountability data analysis.

(ii) Comprehensive Needs Assessment. The school and the representative

shall:

(A) Analyze data contained in the confidential school performance report to identify content and indicator areas where performance is below target levels.

(B) Compare current school practices that affect content and indicator areas identified in subsection (b)(ii)(A) of this section to evidence-based practices using the rubrics in the school improvement planning guide provided by the department.

(iii) Improvement Plan Creation. The school and representative shall:

(A) Establish performance goals in the areas identified in the comprehensive needs assessment.

(B) Develop a plan to implement practices designed to achieve the performance goals. The plan shall include:

(1) One (1) to three (3) evidence-based practices; and

(2) An action plan articulating how the school intends to implement the evidence-based practices.

(C) The school shall submit the improvement plan to the district and the department using the form and manner required by the Department.

(iv) Improvement Plan Implementation. The school shall implement the school improvement plan and shall devote sufficient time, personnel, and financial resources to implement the plan as designed.

(v) Improvement Plan Monitoring. The representative shall:

(A) Monitor the implementation of the evidence-based practices;

(B) Monitor whether the performance goals are met or are making progress toward being met; and

(C) No less than once every 90 days, report the results of the monitoring activities to the school and district, recommend any necessary changes to the school's improvement plan, if any, and identify circumstances in which evidence-based practices are not being implemented as intended.

History

Effective 2022-05-04

Wyo. Code R. 206.0002.47.05042022 § 16 Statewide Reporting System

The Department shall provide confidential and public reporting as appropriate for student-level and school-level performance on all school accountability indicators for parents, teachers, and other school personnel pursuant to W.S. 21-2-204(j).

History

Effective 2022-05-04

Chapter 48 Steamboat Legacy Scholarship

Wyo. Code R. 206.0002.48.03062026 § 1 Authority

These rules are promulgated by the Wyoming State Superintendent of Public Instruction pursuant to Wyoming Statute 21-2-906(c).

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 2 Definitions

(a) "Account holder" means a parent/guardian who is approved by the Department to participate in the program, signs the parental agreement to comply with all requirements, and is designated and authorized to administer and manage the student's account. (W.S. 21-2-902(a)(v))

(b) "Education savings account" or "ESA" means the spending account for a child's education to which funds are allocated by the state superintendent of public instruction, for which a parent of an ESA student enters into an agreement with the state superintendent to choose and pay for qualifying education expenses to educate the ESA student, subject to the requirements and conditions of this act.

(c) "Parent" means a resident of this state who is the parent or legal guardian of an eligible student or ESA student and may include an eligible student or ESA student who is an emancipated minor. (W.S. 21-2-902(a)(v))

(d) "Education service provider" means a person or organization, including a qualified school, that receives payments authorized by a parent from education savings accounts to provide educational goods and services to ESA students;

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 3 New Applications - Pre-Kindergarten

(a) To participate in the program, a parent/guardian shall complete an application.

(b) An application shall consist of the form provided by the Department and:

(i) Evidence of income eligibility consisting of the following:

(A) Federal income tax returns from the previous year; or

(B) Other documents as determined by the Department.

(ii) Evidence of Wyoming residency documenting a physical address

consisting of one (1) of the following:

(A) Two (2) Wyoming utility bills with a physical service address not

more than ninety (90) days old from two (2) different companies, not including termination notices;

(B) Income tax records with a Wyoming physical address matching

the address on the application;

mortgage document, or homeowner's insurance document;

(D) A valid Wyoming vehicle registration card;

(E) Residential rental or lease agreement;

(F) Proof of military duty assignment in Wyoming, or Wyoming state

residency as active military personnel; or

(G) Proof of public assistance through a Wyoming state agency.

(iii) Evidence of student age consisting of one (1) of the following:

(A) A certified copy of the student's birth certificate;

(B) A passport from any country; or

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 4 New Applications - K-12

(a) To participate in the program, a parent/guardian shall complete an application.

(b) An application shall consist of the form provided by the Department and:

(i) Evidence of Wyoming residency documenting a physical address

consisting of one (1) of the following:

(A) Two (2) Wyoming utility bills with a physical service address not

more than ninety (90) days old from two (2) different companies, not including termination notices;

(B) Income tax records with a Wyoming physical address matching

the address on the application;

mortgage document, or homeowner's insurance document;

(D) A valid Wyoming vehicle registration card with a physical address;

(E) Residential rental or lease agreement;

(F) Proof of military duty assignment in Wyoming, or Wyoming state

residency as active military personnel; or

(G) Proof of public assistance through a Wyoming state agency.

(ii) According to W.S. 21-2-904(a)(i) and (a)(ii) evidence of student age

consisting of one (1) of the following:

(A) A certified copy of the student's birth certificate;

(B) A passport from any country; or

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 5 Application Deadlines

(a) For the 2025-2026 school year and each following school year, the Department shall begin accepting applications no later than January 1 preceding the school year for which the ESA will be used.

(b) Current ESA accounts will be automatically renewed for the following year upon

submission of a completed Renewal Form provided by the Department.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 6 Parental Agreement

(a) Once the application is accepted for funding, a parent/guardian of an eligible student shall execute a parental agreement in the form and with provisions that the Department determines.

(b) Failure to adhere to any term in the parental agreement may be grounds for program ineligibility at the Department's sole discretion.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 7 Account

(a) One (1) or more parents/guardians shall be designated as the account holder for an account. The account holder is authorized to manage and expend account funds in accordance with the parental agreement.

(b) If the account holder is unable to administer a student's account for any reason, the account holder may request, in writing, to designate a secondary account holder at any time during the school year.

(i) The Department will approve a request if the designated secondary account holder meets eligibility criteria and signs the parental agreement.

(ii) All requirements that apply to an account holder also apply to a secondary account holder.

(c) The Department shall allow an account holder for multiple participating students in the same household to access all accounts through one (1) portal, provided that accounts remain separate and segregated.

(d) An account holder may only expend and manage funds for the student to whom the funds were allocated.

(e) Each ESA shall receive payments totaling no more than seven thousand dollars ($7,000.00) per year, deposited quarterly from the Steamboat Legacy Scholarship Program Account.

(f) The Department may authorize reimbursement for pre-approved payments to an education service provider or qualified educational expense made with non-account funds.

(i) In order to get pre-approved, the parent/guardian shall submit the

pre-approval form provided by the Department.

(ii) If pre-approved, parent/guardian must apply for reimbursement within

thirty (30) days of purchase.

(iii) Applications for reimbursement shall be on a Department-provided form.

(iv) Applications must include:

(A) An itemized receipt; and

(B) A written explanation of why reimbursement was necessary

instead of using the ESA directly.

(v) The Department shall decide on a complete reimbursement request within

fourteen (14) days of receipt.

(vi) A parent/guardian may request a review of the Department's decision

within fourteen (14) days.

(A) The Department shall convene a three (3) person review panel not

involved in the initial decision.

(B) The panel shall decide within fourteen (14) days of receiving the

parent/guardian request to review and notify all parties.

(g) Any unused funds at year-end shall carry forward as long as the student remains eligible.

(h) When an ESA account is closed, remaining funds shall be returned to the Steamboat Legacy Program Account by September 1 of the next cycle.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 8 Account Refunds

(a) All refunds shall be credited directly back to the account. No funds

may be refunded, rebated, or shared with a parent/guardian or student.

(b) Refunds must be made within thirty (30) days of notification.

(c) If funds are used for a partial payment and the ESA student does not enroll, the provider shall refund within thirty (30) days of notice or program start, whichever is earlier.

(d) The Department shall suspend payments to any provider failing to comply with refund requirements until compliance is met.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 9 Education Service Provider Certification

(a) To participate in the program, an education service provider (ESP) shall complete an application in the form provided by the Department.

(b) K-12 ESP Certification.

(i) An applicant seeking to become a qualified school for K-12 students shall

provide evidence that it is offering instruction in reading, writing, mathematics, civics, history, literature, and science.

(ii) The Department may verify that a certified ESP continues to comply with

all statutory or rule requirements at any time.

(iii) Certified ESPs shall provide the Department with documentation or other

compliance evidence, such as a verification phone call, virtual meeting, or in-person inspection within a reasonable time, as the Department determines, following the Department's request.

(iv) An ESP that the Department does not approve may be terminated or

placed on a corrective action plan as the Department determines.

(i) An applicant seeking to become a qualified school or facility for

pre-kindergarten students shall provide evidence that it is offering instruction necessary for preparation to enter kindergarten.

(ii) An applicant seeking to become a qualified school or facility with a

pre-kindergarten program shall maintain a Department of Family Services child care facility license if required to operate as a DFS licensed child care facility, or provide pre-kindergarten programming in a qualified private or public school.

(iii) An initial applicant providing services to pre-kindergarten students may

receive provisional certification status for up to one (1) year.

(A) The Department shall conduct a certification review of the ESP's

conduct during the first year to evaluate program compliance.

(B) The Department shall confer full certification status if the ESP's

performance is acceptable.

(iv) An ESP not receiving Department approval may be terminated or placed

on a corrective action plan as determined by the Department.

(d) Certification Approval.

(i) If the Department approves an ESP application, the ESP is certified to

accept program funds.

(ii) A certified ESP receiving program funds may not be an immediate family

member of the ESA student, including a parent, step-parent, grandparent, aunt, uncle, sibling, step-sibling, half-sibling, or first cousin.

(e) A certified ESP shall not refund, rebate, or share ESA funds with parents/guardians or ESA students in any manner, except that funds may be remitted or refunded to an ESA in accordance with procedures established by the Department.

(f) A certified ESP shall comply with all applicable ESA program statutes and rules.

(g) A certified ESP receiving or expecting to receive one hundred fifty thousand dollars ($150,000.00) or more annually in ESA funds shall file with the Department a surety bond in the amount equivalent to anticipated ESA revenue payable to the Department.

(i) An ESP that has received one hundred fifty thousand dollars

($150,000.00) or more in ESA funds in a year shall not receive additional funds unless it complies with the bonding requirement in this subsection.

(h) An ESP candidate is not eligible to receive funds if it requires an ESA student to sign a contract waiving the student's right to transfer to another education service provider during the school year.

(i) A certified ESP not physically located in the United States but providing

educational services to students within the United States must be registered as a foreign entity doing business in at least one (1) state within the United States.

(ii) Providers operating outside of the United States and not registered as a

foreign entities doing business within the United States are not eligible for certification under this program.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 10 Additional Qualifying Expenses

(a) Additional expenses may be allowed only if they are approved by the State Superintendent, or his or her designee, through an application prescribed by the Department and available on the program website.

(b) The Department may allow expenses in addition to those provided in W.S. 21-2-904(b)(i)(A)-(Q).

(d) The Department may add a list of additional permitted and unpermitted expenses to increase transparency and decrease the number of additional approval requests.

(e) Requests that the Department approve an additional expense shall be evaluated according to the following factors:

(i) Whether the expense is statutorily allowable;

(ii) Whether the product or service is reasonable and ordinarily used in

education;

(iii) Whether the product or service supports or enhances student learning or

educational outcomes; and

(iv) Whether the product or service cost is ordinary or typical compared to

similar available products or services.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 11 Statewide Assessment

(a) An ESA student shall take the statewide assessments administered pursuant to W.S. 21-2-304(a) or a nationally normed achievement exam. School districts shall allow ESA students to participate in statewide standardized testing alongside public school students.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 12 Education Service Provider Disqualification

(a) The Department may decertify an ESP due to noncompliance with the requirements that apply to education service providers in W.S. 21-2-901 through W.S. 21-2-909 or these rules.

(b) An ESP shall provide any records or documents, or answer questions posed by the Department, at the Department's request.

(d) The Department shall post a list of all certified and decertified ESPs on the program website.

(e) The Department shall decertify any ESP that does not accept ESA students for a period of one (1) year.

(f) ESPs decertified under this section may apply for certification at any time following decertification in the same manner and under the same requirements as any other ESP.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 13 Misuse and Misrepresentation Reporting

(a) Any person may anonymously submit information regarding misuse of account funds or misrepresentation concerning the program.

(b) Individuals may notify the Department of any alleged violation by an account holder or ESP of state laws, rules, or procedures relating to the program.

History

Effective 2026-03-06

Wyo. Code R. 206.0002.48.03062026 § 14 Misuse and Misrepresentation Investigation

(a) The Department shall formally open an investigation when it has reasonable suspicion to believe that:

(i) Any parent/guardian or ESP has intentionally and substantially misused

ESA funds;

(ii) Any ESP has routinely failed to provide students with required educational

goods or services; or

(iii) Any ESP has intentionally and substantially misrepresented information to

a parent/guardian or the Department.

(b) The Department shall notify the parent/guardian or ESP of the investigation and provide a brief summary of the suspected improper conduct.

(i) The parent/guardian or ESP may respond to this notice within twenty (20)

days after the Department sends it.

(ii) Nothing in this section prohibits the Department from further

communicating with the parent/guardian or ESP as necessary to conduct its investigation.

(c) If the Department determines that a parent/guardian engaged in intentional and substantial misuse of funds, it shall terminate the ESA and order that the responsible parent/guardian repay misused funds.

(d) If the Department determines that an ESP engaged in intentional and substantial

misrepresentation or routinely failed to provide students with required educational goods or

services, it will terminate the ESP's certification. In addition, the Department shall order that

the ESP repay any funds either acquired because of the misrepresentation or that were paid for

goods or services that the ESP did not deliver.

(e) If the Department determines that an unintentional misuse of funds occurred, it may require that a parent/guardian or ESP refund the misused funds to the ESA.

(f) Any parent/guardian aggrieved by the Department's investigation determination may request a contested case hearing as provided by the Department's General Agency, Board or Commission Rules, Chapter 3, Section 2.

History

Effective 2026-03-06

Chapter 49 Mental Health Service Grants

Wyo. Code R. 206.0002.49.10292025 Mental Health Service Grants

CHAPTER 49

WYOMING MENTAL HEALTH SERVICE GRANTS

Section 1. Authority. These rules are promulgated pursuant to 2024 Wyo. Sess. Laws 349 and W.S. 21-2-203.

Section 2. Mental Health Service Grant Funding

(a) The Department shall disburse $5,000,000 (five million dollars) in school year 2025-2026 from the amount appropriated in 2024 Wyo. Sess. Laws 349 to participating school districts and state-authorized charter schools.

(b) The Department shall determine disbursements for participating districts and state-authorized charter schools by calculating each school's Average Daily Membership (ADM) as reflected in W.S. 21-13-309(m)(iv) as a percentage of the statewide total ADM for each school year, less the ADM attributable to schools not participating in this grant program. The Department shall distribute funds to districts according to the total derived from schools within their districts. The Department shall distribute funds to state-authorized charter schools based on their school-level calculations.

(c) The performance period is July 1, 2024, through June 30, 2026. Grant recipients shall expend all grant funds received from the 2024 Wyo. Sess. Laws 349 appropriation no later than June 30, 2026, and shall return unexpended funds as of that date to the Department no later than July 31, 2026

Section 3. Reporting

(a) Grant recipients shall provide qualitative and quantitative data identifying the impact of program implementation in the form and manner specified by the Department during the grant performance period.

(b) Grant recipients who do not comply with the reporting requirement in section 3(a) shall be suspended from receiving the following year's grant funds. Failure to correct reporting noncompliance as directed by the Department shall render the grant recipient ineligible to further participate in the grant program, and the Department may require the grant recipient to return funds received under this program.

History

Effective 2025-10-29

Chapter 56 K-3 Reading Assessment and Intervention

Wyo. Code R. 206.0002.56.11032023 § 1 Authority

These rules are promulgated by the Wyoming Department of Education under the authority of Wyoming Statute 21-3-401(d) governing the requirements for kindergarten through third grade reading assessment and intervention.

History

Effective 2023-11-03

Wyo. Code R. 206.0002.56.11032023 § 2 Definitions

(a) "Diagnostic Assessment" refers to a tool administered to an individual student in order to determine strengths and pinpoint specific areas of need in order to guide instruction or intervention.

(b) "Evidence Based" practices refer to assessment, instruction, and intervention practices that have been tested and described through rigorously designed, peer reviewed research studies using quantitative and qualitative approaches, have been rigorously studied over time through multiple opportunities and contexts, and have been shown to have a positive effect on student achievement.

(c) "Foundational Reading Skills" include skills needed in order to be proficient and automatic in word recognition including phonological awareness, decoding, and sight recognition.

(d) "Language Comprehension" includes elements to support the comprehension of oral or written words including background knowledge, vocabulary, language structures, verbal reasoning, and literacy knowledge.

(e) "Oral Reading Fluency" refers to the ability to read text accurately, with sufficient, automaticity, prosody, and accuracy. Fluent and automatic reading is essential because it permits the reader to focus on constructing meaning from the text rather than on decoding words.

(f) "Phonemic Awareness" refers to the conscious awareness of individual speech sounds (consonants and vowels) in spoken syllables and the ability to consciously manipulate those sounds including isolating, blending, segmenting, adding, deleting, and substituting the smallest units of sound in spoken words.

(g) "Phonological Awareness" is the conscious awareness of (including phonemic awareness) and ability to manipulate all levels of the speech sound system, including recognizing and producing rhymes, word boundaries, stress patterns, syllables, onset-rime units, and phonemes as well as whole words within sentences.

(h) "Phonics" is the study of the relationships between letters and the sounds they represent; phonics also may be used as a descriptor of code-based instruction.

(i) "Progress Monitoring" is the use of reliable and valid measures to systematically and regularly assess a student's performance over time to measure responsiveness to reading instruction or intervention.

History

Effective 2023-11-03

Wyo. Code R. 206.0002.56.11032023 § 3 Universal Screening

The screening criteria outlined below summarize the requirements for Wyoming school districts and schools governed by Wyoming districts.

(a) Universal Screener Criteria: For the purpose of detecting signs of reading difficulties including, but not limited to, dyslexia or other reading deficiencies, school districts will use a WDE approved screening instrument or instruments. All screening instruments for this purpose are required to abide by the following criteria:

(i) Brief: the required screening process should take no more than 10 minutes at each screening period per student.

(ii) Targeted: provide criterion or indicator referenced data based on the performance of predetermined criteria. Wyoming Department of Education required screening indicators (criteria) are defined in section 3(c) below.

(iii) Standardized:

(A) The assessment is given in the same manner to all students including questions, process, and scoring.

(B) The assessment is not adaptive in that it does not adjust the difficulty or complexity of the items presented to the student based on the prior performance of the student.

(iv) Predictive: has a high level of predictability of which students are most likely to reach grade level foundational reading skills expectations given their current progress and those most likely to have reading difficulties.

(v) Reliable: the measure is likely to yield the same result if it were to be

given several times on the same day in the same context.

(vi) Valid: the test measures what it is intended to measure (construct validity),

corresponds well to other known valid measures (concurrent validity), and predicts with good accuracy how students are likely to perform foundational reading skills in the future. (predictive validity).

(vii) If districts would like to use a screening instrument not on the pre-approved list, they must complete an approval request and have the screening instrument evaluated and approved prior to implementing the chosen screening instrument for purposes of meeting the statutory requirements. Review does not guarantee approval.

(b) Screening Process: Districts will use universal screening to determine the performance of all students on early reading predictive skills. This will provide data that informs decisions regarding further assessment that could lead to instruction and intervention.

(i) Screeners will be administered to all kindergarten, first, second, and third grade students three (3) times each school year (beginning, middle, end).

(ii) Districts are required to use cut scores as determined by the publisher of the screening tool to identify and report levels of risk. On an early reading screening assessment, cut scores will describe the likelihood of a student developing or not developing adequate foundational reading skills.

(iii) Districts will use the screening data to determine the need for further diagnostic assessment per individual student results.

(A) A cut score of "minimal" or "low risk" level is a screening and progress monitoring target established to be equivalent to any score at or above the 40th percentile. This score will be considered identification of a student performing at a proficient level on predictive reading skills (i.e.: this student will most likely develop adequate word reading skills, sometimes referred to as "benchmark").

(B) A cut score of "moderate" or "some risk" level is a screening and progress monitoring target established to be equivalent to scores between the 40th and 20th percentile. This score may require further diagnostic testing, instructional support and possible related intervention. If a reading difficulty has been diagnosed through diagnostic assessment and interventions are determined necessary, communication with parents and an individualized or group reading plan is required.

(C) A cut score of "at risk" or "high risk" level is a screening and progress monitoring target established to be equivalent to scores below the 20th percentile. This score will require: further instructional support, diagnostic testing, related intervention, communication with parents, and an individualized reading plan. These students are considered to have a foundational reading skills difficulty, are predicted to not make adequate reading progress in word reading skills, and are highly likely to show reading deficiencies in the future without the provision of appropriate intervention.

(iv) Districts will implement, as part of its Multi-Tiered System of Support, which includes required screening, a Data Based Decision Making model to determine student need.

(A) Districts will collect and analyze data throughout the assessment and intervention process including implementing a progress monitoring protocol with fidelity.

(B) This data will be the basis of decision making regarding early foundational reading skills core curriculum, implementation, intervention intensity, frequency, content, implementation fidelity, and the need for further diagnostic assessments.

(v) Districts will use screening data to evaluate the effectiveness of comprehensive Tier 1 core instruction and curriculum used with all students at a particular grade level.

(A) A core curriculum is effective in content and instruction, if at least 80% of the students will benefit from the core curriculum and not require further intervention.

(B) If a universal early reading screener finds more than 20% of students to be in the "at risk" or "high risk" category, districts are required to evaluate the data, the content, and the implementation of Tier 1 foundational reading skills core curriculum and instruction including fidelity of implementation, pacing, intensity, frequency, structure, and differentiation.

(vi) Universal screening of early reading predictive skills will act as a prevention model to address student need prior to failure.

(vii) Universal screening will measure the effectiveness of district systems.

(A) Identify the need for or the effectiveness of the district's problem-solving framework.

(B) Measure the effectiveness of the districts Multi-Tiered System of Support processes such as Tier 1 foundational reading skills core curriculum and instruction, Tier 2 targeted evidence-based interventions, and/or Tier 3 intensive evidence-based intervention time, frequency, intensity, content, process, fidelity, and use of assessment tools.

(D) Allow for the analysis of funding, support structure, professional development, and resources.

(c) Screening Indicators: Screening instruments will measure the following core kindergarten through grade three foundational and predictive reading skills.

(i) Phonemic (Phonological) Awareness: Kindergarten - fall, winter, spring. 1st grade - fall.

(ii) Alphabetic Principle (Phonics and Decoding): Kindergarten - fall, winter, spring. 1st grade - fall, winter, spring. 2nd grade - fall.

(iii) Oral Reading Fluency: 1st grade - winter, spring. 2nd grade - fall, winter, spring. 3rd grade - fall, winter, spring.

(iv) Reading Comprehension: 2nd grade - fall, winter, spring. 3rd grade - fall, winter, spring.

(v) Additional areas may be screened as required by the screening instrument or by district decision. Additional areas do not have a reporting requirement.

Section 4: Evidence based intervention and instruction programs for the teaching of early reading foundational skills must possess the following characteristics:

(a) Must be implemented with fidelity of practice.

(b) Administered in kindergarten through grade three (3).

(i) State identified content standards.

(ii) Evidence Based Interventions to facilitate the remediation of reading difficulties as early as possible.

(iii) This alignment will be done with the purpose of meeting the needs of all students within the Tier 1 setting, as in Section 3 (b)(v).

(d) The evidence-based intervention and instruction program, along with the assessments described in Section 4, will take place within a multi-tiered system of support.

Section 5: Individual Reading Plan and Parental Notification

(a) For any student showing signs of a possible reading difficulty as described above in Section 3(b), districts will provide a copy of the results with an explanation to the parent, guardian, or other person having control of the student as soon as practicable after the screening is complete.

(i) After completion of an appropriate diagnostic assessment as described in Section 3(b), any student showing signs of reading difficulty will be placed on an individualized reading plan.

(A) An evidence-based intervention program (or resources) to address individual student needs will be used.

(B) The individualized reading plan may be part of a group reading plan.

(D) If the student is an English Learner, the individualized reading plan may be combined with the English learning plan or drafted separately.

(E) If a student has an active Individualized Education Program (IEP) which addresses these reading difficulties, the IEP will be deemed sufficient to meet this requirement.

Section 6: Professional Development: Each school district will require each district employee providing instruction in grades kindergarten through three to have received or receive professional development in evidence-based literacy instruction and intervention and in identifying the signs of reading difficulties including but not limited to dyslexia and other reading deficiencies.

(a) Professional Development Content Components in evidence-based literacy instruction, intervention, and the signs of reading difficulties:

(i) Competency 1: Essential Knowledge, Practice, and Responsibility

(A) Understand the basic tenets of skilled reading including foundational word reading skills and language comprehension.

(B) Understand and recognize the most common differences between good and poor readers in order to identify students who may be exhibiting reading difficulties (including word reading skills and language comprehension).

(C) Understand the components of early reading development including neurobiology, cognitive processes, language processing, impacts of environmental, cultural, and social factors, and need for explicit instruction.

(D) Understand data-based decision making and data literacy.

(E) Understand application of collaborative, problem solving

approaches.

(ii) Competency 2: Assessment - Identify and Respond

(A) Understand the differences among and purposes for screening, diagnostic, progress-monitoring, formative, and outcome (summative) assessments.

(B) Know and use screening, diagnostic and progress monitoring tools with fidelity and make decisions about core instruction and/or interventions.

(iii) Competency 3: Instruction - Implementation and Differentiation

(A) Understand and apply general principles and practices of foundational reading skills and literacy teaching including explicit, systematic, cumulative, teacher-directed core instruction.

(B) Understand and apply instruction in order to differentiate to meet cognitive, linguistics, sociocultural, and behavioral aspects of learning.

(D) Understand and apply systematic, cumulative, and explicit teaching of basic decoding and spelling skills.

(E) Understand and apply fluent word-level skills in automatic word reading, oral reading fluency, reading comprehension, and motivation to read.

(F) Understand and apply vocabulary development and vocabulary knowledge in oral and written language comprehension.

(G) Understand and apply comprehension building instruction and background knowledge / vocabulary building approaches as supported by research.

(H) Understand and apply explicit, systematic, and literacy embedded instruction in the writing process and written expression.

(iv) Competency 4: Intervention and Remediation

(A) Understand and apply assessment processes at all levels: select, implement, interpret, and communicate results from a variety of assessments in each component of literacy.

(B) Identify the implications of brain research as it relates to reading, written expression, and comprehension for struggling readers.

(C) Recognize, understand, and apply at the individual student level the importance of the developmental sequence of all aspects of language, the relationship between cognition and behavior, and the reciprocal relationship among all aspects of foundational reading skills.

(v) Districts may request an exception to the Wyoming Department of Education if the staff and/or the district feels the staff member has sufficient training to meet these criteria in a manner different from rules.

(b) Educators will receive professional development based on their role in the district.

(i) Role 1: Educators and staff supporting, but not providing direct reading instruction (i.e., PE, art, music, certified librarian, paraprofessionals/aides, etc.).

(ii) Role 2: Educators directly providing instruction in foundational reading and language skills (i.e., K-3 classroom teachers).

(iii) Role 3: Educators providing direct instruction or intervention for students in Tier 2 or Tier 3 (i.e., special education teachers, reading interventionists).

(iv) Interns, apprentices will be required to receive professional development for the role in which they are functioning.

(v) If staff carry more than one role, they are required to fulfill the competency requirements of the role with the greater requirements.

(c) Professional Development Time Requirements: It is the responsibility of each district to track employee professional development time and activities. Educators are required to be trained every three years. Requirements are based on a three-year cycle.

(i) Training in years one through three (first cycle)

(A) Role 1 Staff: 3.5 hours in competency 1

(B) Role 2 Staff: 10.5 hours in competency 1, 7 hours in competency 2, 10.5 hours in competency 3 and 4 combined.

(ii) Training in three-year cycles following the first cycle (years 4-6 and beyond).

(A) Role 1 Staff: 3.5 hours every three years in competency 1, 3, and 4 combined with a focus on context-specific literacy support strategies.

(B) Role 2 Staff: 10.5 hours every three years in competency 1, 2, 3, and 4 combined, differentiated based on district need.

(C) Role 3 Staff: 10.5 hours every three years in competency 1, 2, 3, and 4 combined, differentiated based on district need.

(iii) Districts will be required to provide an initial professional development

plan and annually submit any changes to that plan to the WDE no later than August 15 of each year.

Section 7: Reporting Requirements and Documentation: Each district will report annually to the Wyoming Department of Education (WDE) the progress of each of its schools toward achieving the goal of 85% of all students reading at grade level upon completion of grade three.

(a) Districts will keep and report data and a District Literacy Plan as required to be submitted annually to the WDE.

(b) Districts will keep on file at the local level, all individual learning plans developed for each student as required by this chapter.

(d) Upon request, districts will provide documentation to the WDE for monitoring purposes.

History

Effective 2023-11-03

1422 State Board of Education

Chapter 1 Wyoming Certificate of Completion Requirements

Wyo. Code R. 206.0003.1.07232024 Wyoming Certificate of Completion Requirements

DRAFT RULES.Completion Certificate(7)

CHAPTER 1

WYOMING CERTIFICATE OF COMPLETION REQUIREMENTS

Section 1. Authority. These rules are promulgated by the Wyoming State Board of Education pursuant to W.S. 21-2-304(a)(iv).

Section 2. Certificate of Completion Requirements.

(a) Each school district shall provide students with disabilities whose IEP team places the student on extended standards pursuant W.S. 21-2-304(a)(iii), the opportunity to receive a certificate of completion.

(i) Requirements for earning a certificate of completion shall be written by the IEP team into a four-year plan and attached to the student's IEP.

(ii) Requirements for earning a certificate of completion shall be unique to each student and consistent with the student's IEP but are not dependent upon meeting all IEP or IEP transition goals.

(iii) Requirements for earning a certificate of completion shall be developed during the IEP transition planning in grade eight or upon high school enrollment if not already established for transfer students.

(iv) The plan for receiving a Certificate of Completion must be signed by the student's parent/guardian and reviewed annually at the student's annual IEP team meeting.

(v) If a student awarded a Certificate of Completion is less than twenty-one

(21) years of age, the student has a continued right to attend public school until the end of the school year in which the student reaches age twenty-one (21) or until the student has earned a high school diploma, whichever is earlier.

(vi) A Certificate of Completion is a certificate option and not recognized as a high school diploma under state law.

History

Effective 2024-07-23

Chapter 2 School Schedules

Wyo. Code R. 206.0003.2.03132025 § 1 Authority

These rules and regulations are promulgated pursuant to Wyoming Statute § 21-02-304(b)(viii) and W.S. 21-4-301.

History

Effective 2025-03-13

Wyo. Code R. 206.0003.2.03132025 § 2 Pupil-Teacher Contact Time

Pupil-teacher contact time means time reflected in a school schedule for on- or off-site instruction and educational activities that students are required to attend, for which attendance is taken for membership calculation purposes, and that includes instructional oversight from a certified teacher. Educational activities may include online learning that is managed through logged activity, submissions, or tracking.

History

Effective 2025-03-13

Wyo. Code R. 206.0003.2.03132025 § 3 Required Hours

Pupil-teacher contact time may not be less than the minimums for hours set out in subsections (a) through (d) below. School/hour/day schedules must be reflected and described in the district calendar submitted to WDE, as well as in any accreditation reports. The minimum annual pupil-teacher contact time for Wyoming public schools (kindergarten through grade 12) shall be:

(a) Kindergarten. A minimum of 450 hours.

(b) Elementary. A minimum of 900 hours.

(d) High School. A minimum of 1000 hours.

History

Effective 2025-03-13

Wyo. Code R. 206.0003.2.03132025 § 4 Procedure for Implementing Alternative Schedule

(a) A district shall submit an alternative schedule application between January 1 and April 1 preceding the school calendar year for which the schedule will be implemented.

(b) The State Board of Education shall deny:

(i) alternative schedules that reduce the number of operational days more than the number of school days that include pupil-teacher contact time; or

(ii) alternative schedules that do not propose fewer than 175 days containing pupil-teacher contact time.

(i) the educational goals and purposes for which the alternative schedule should be adopted;

(ii) a description of the schedule, including the school(s) to which the request applies, total operational days, and number of days that include pupil-teacher contact;

(iii) a method to evaluate whether the schedule has achieved the goals and purposes;

(iv) evidence that the district has held at least two (2) advertised public meetings at which time the board of trustees shall receive and respond to public comments on the proposed alternative schedule;

(v) a record of public comments received on the proposed alternative schedule;

(vi) a record of the board of trustees responses to public comments; and

(vii) evidence that the board of trustees approved the alternative schedule application.

(d) In approving requests for an alternative schedule the State Board shall specify the time period for which approval is granted.

(i) The Board may approve alternative schedule applications for one (1) or two (2) years for initial or second district applications.

(ii) The Board may approve alternative schedule applications for up to five (5) years for third or subsequent district applications.

(iii) "Initial application" means an application for an alternative schedule when either:

(A) The district is not currently operating under an approved alternative schedule; or

(B) The district is currently operating under an approved alternative schedule and seeks approval for a change to its current or most recently approved alternative schedule, including the participation of additional schools.

(e) A district with an approved alternative schedule shall submit evidence that it evaluated the alternative schedule's effectiveness in light of trends in student learning by July 1 of each year.

History

Effective 2025-03-13

Chapter 3 Wyoming Graduation Standards and Requirements

Wyo. Code R. 206.0003.3.11142025 § 1 Authority

These rules are promulgated pursuant to W.S. 21-2-304(a)(i) - (iv) and W.S. 21-3-110(a)(i) and (xxv).

History

Effective 2025-11-14

Wyo. Code R. 206.0003.3.11142025 § 2 Definitions

As used in this chapter:

(a) "Assessment," including competency-based equivalency examination, means an ongoing process that includes collecting, synthesizing, and interpreting information about what students know (knowledge) and are able to do (skills).

(b) "Cognitive Complexity" means the type and level of thinking required to successfully achieve the standard.

(c) "Competency-based" means a progression of learning based on demonstrations of learning rather than seat time, emphasizing student agency, flexible pathways, and personalized support.

(d) "Coursework" means a progression of experiences, both traditional, as in time bound, and competency-based, as in a comparable amount of content learned, titled as "courses" that are aligned to the state and graduation standards providing students with a quality education as described under W.S. 21-2-304(a)(ii).

(e) "Functional Equivalent" means a course that is aligned to the performance standards and is as rigorous as or more rigorous than a college- or career-preparatory course taken in high school.

(f) "Graduation Requirements," or high school diploma requirements, means successful completion, evidenced by passing grades or competency-based equivalency examinations, of a program of study aligned to the state and graduation standards as required by this chapter and required within the graduation policy of each public school district in the state.

(g) "Graduation Standards" means the competencies listed in Section 3 of this chapter.

(h) "Learning Progressions" means locally defined, increasingly complex, descriptions of competency aligned to the graduation standards.

(i) "State Standards" means the Wyoming Content and Performance Standards that define what students shall be provided the opportunity to learn and apply across the ten (10) content areas as described in W.S. 21-9-101(b) and set by the State Board of Education in Chapter 10 Education Rules.

Section 3: Graduation Standards. The State Board of Education establishes these graduation standards as expectations of what students will be able to do as they progress through the educational system, culminating in graduation. Districts shall implement educational programs that provide learning experiences that meaningfully incorporate these graduation standards and provide opportunities for students to demonstrate competency, as determined by the district's learning progressions, in each. The Wyoming high school graduate has demonstrated:

(a) mastery and application of foundational knowledge and skills and the ability to transfer learning in one context to new learning in more complex or novel situations or different contents areas; and,

(b) at a minimum, competency in one or more of the following;

(i) think critically and creatively to solve complex problems,

(ii) communicate effectively to various purposes, audiences, and mediums,

(iii) identify and use credible sources of information to build knowledge and make decisions,

(iv) demonstrate strong interpersonal and collaboration skills,

(v) demonstrate curiosity, self-awareness, resilience, and a growth mindset,

(vi) practice effective work habits, including organization, time management, attention to detail, and follow through.

History

Effective 2025-11-14

Wyo. Code R. 206.0003.3.11142025 § 4 High School Diploma Requirements

(a) Graduation requirements for earning a high school diploma from any high school within any school district of this state shall include successful completion of the following components as evidenced by passing grades or by successful performance on competency-based equivalency examinations:

(i) Coursework taken for the attainment of a high school diploma shall include in-classroom or out-of-classroom learning experiences that equip students to learn, work, contribute, and thrive in society.

(ii) Coursework for the attainment of a high school diploma shall be aligned to the performance and graduation standards in grades nine (9) through twelve (12) and, at a minimum, include the following:

(A) Four (4) school years of English or for successful performance on competency-based equivalency examinations;

(B) Three (3) school years of mathematics or for successful performance on competency-based equivalency examinations;

(C) Three (3) school years of science, one (1) year of which may be a computer science course or for successful performance on competency-based equivalency examinations and;

(D) Three (3) school years of social studies, including history,

American government, and economic systems and institutions, provided business instructors may instruct classes on economic systems and institutions or for successful performance on competency-based equivalency examinations.

(E) Courses taken before grade nine (9) used to satisfy high school

diploma requirements shall be aligned to the state standards in grades nine (9) through twelve (12).

(F) Functional equivalents may be used to satisfy the coursework described in this subsection. The Department may verify appropriate alignment of the functional equivalents to the performance standards in grades nine (9) through twelve (12).

(iii) Satisfactorily passing an examination on the principles of the

constitution of the United States and the state of Wyoming.

(iv) Evidence of performance on the district assessment system, pursuant W.S. 21-3-110(a)(xxiv) and in accordance with the Chapter 4 State Board of Education Rules, which includes all coursework taken for the attainment of a high school diploma.

(b) Each local school district shall establish high school diploma requirements that shall be reflected in policy and related documents as appropriate. The district's policy shall include:

(i) A description of the district's definition of passing grades for any coursework which may be taken to satisfy high school diploma requirements including levels of successful performance on graduation standards.

(ii) A description of the process by which successful performance on a competency-based equivalency examination may be used to satisfy coursework, as defined in this chapter;

(iii) Documentation of the options available for students to demonstrate that they have met the graduation standards established in Section 3 of these rules;

(iv) A requirement that students demonstrate satisfactory performance on an examination of the principles of the constitution of the United States and the State of Wyoming as required by W.S. 21-9-102;

(v) Description of the approach adopted by the district to assist students in developing student success plans, which includes coursework and opportunities for students to meet the state performance and graduation standards and student's career interests;

(vi) Documentation of learning progressions to monitor student progress on graduation standards. Documentation must include, at a minimum, a process for mapping learning progressions to the graduation standards or documentation must include, at a minimum, a description of rubrics used to measure progress toward the graduation standards;

(vii) An assurance that academic credit toward the district's high school diploma requirements will be awarded for the successful completion of any course offered under a qualifying post-secondary education program specified under W.S. 21-20-201; and

(viii) A description of any additional requirements that a student must successfully complete at the discretion of the district.

(c) The district shall maintain and publish a list of eligible coursework to satisfy the high school diploma requirements, including the minimum graduation requirements established in these rules. Eligible coursework shall be aligned to the state and graduation standards established for high school and require a logical sequence and the progression of instruction aligned with state and graduation standards from one school year to the next. This list shall not be required to include post-secondary courses.

History

Effective 2025-11-14

Wyo. Code R. 206.0003.3.11142025 § 5 Implementation Timeframe

(a) Within twelve (12) months of the effective date of these rules, each local district shall submit to the State Board of Education, through the Department, its revised policy establishing high school diploma requirements for review and consultation. Within one hundred and twenty (120) days of receiving a local district's high school diploma requirements, the State Board of Education shall identify any areas in which the district does not comply with state-established requirements and consult with the district on any findings.

(b) Any modification to a district's high school diploma requirements, including a copy of the revised requirements, shall be included in the district's November 1 report required under W.S. 21-3-110(xxv) and Section 4(c) of this chapter.

(c) Implementation of these rules shall be applicable beginning with for the incoming ninth grade class for the 2027/2028 school year.

History

Effective 2025-11-14

Chapter 4 Assessment Systems

Wyo. Code R. 206.0003.4.11142025 § 1 Authority

These rules are promulgated pursuant to W.S. 21-2-304(a)(iv-v) and W.S. 21-3-110(a)(i) and (xxiv).

History

Effective 2025-11-14

Wyo. Code R. 206.0003.4.11142025 § 2 Definitions

As used in this chapter:

(a) "Alignment" means evidence that a district assessment system is aligned to the K-12 performance standards defined in Chapter 10 State Board of Education Rules and graduation standards defined in Chapter 3 State Board of Education Rules, both in terms of content and cognitive complexity.

(b) "Assessment including competency-based equivalency examination" means an ongoing process that includes collecting, synthesizing, and interpreting information about what students know (knowledge) and are able to do (skills).

(d) "District Assessment System" means a system that measures various levels of student performance on the state performance and graduation standards.

(e) "Graduation Standards" are 9-12 standards defined in Chapter 3 State Board of Education Rules.

(f) "Performance Standards" are K-12 standards defined in Chapter 10 State Board of Education Rules.

History

Effective 2025-11-14

Wyo. Code R. 206.0003.4.11142025 § 3 District Assessment System

(a) In conjunction with district accreditation, a district's assessment system shall be subject to review and approval by the State Board of Education at least once every five (5) years. A district containing schools that are designated as partially meeting expectations or not meeting expectations under W.S. 21-2-204(f)(i) may have its district assessment system reviewed more often as deemed appropriate by the State Board of Education and in accordance with W.S. 21-2-204(h)(vii).

(b) Pursuant to W.S. 21-3-110(a)(xxiv) and (xxxiv), the review shall apply to all ten (10) content areas and verify that the district assessment system includes each of the following criteria:

(i) Alignment. The district has a process in place to ensure its K-12 district assessment system is aligned to the state performance and graduation standards in both content and cognitive complexity. The district assessment system must be aligned to the state performance and graduation standards within three (3) full years of the Board approving a standard.

(A) Districts shall ensure that their aligned district assessment system produces student performance levels relative to the performance and graduation standards.

(B) Districts shall ensure that their aligned district assessment system measures the knowledge or skill for the appropriate grade level and content.

(C) Districts shall ensure that their aligned district assessment system provides every student with multiple opportunities to demonstrate what the student understands, knows, and can do.

(ii) Data Results. The district has a process in place to regularly monitor student performance in order to determine progress toward the attainment of knowledge and skills aligned to the state performance and graduation standards.

(iii) Ongoing Evaluation. The district has a process in place to evaluate its district assessment system on an ongoing basis to inform subsequent adjustments to the district assessment system that will ensure the district's needs, priorities, and goals are met and remains aligned to the state performance and graduation standards.

(c) Not later than November 1 of each year, the district shall report compliance with the criteria of its district assessment system, including compliance with the high school diploma requirements established in statute and identified in Chapter 3 State Board of Education Rules.

(d) A district that does not meet the criteria of the district assessment system or does not comply with the high school diploma requirements may have its accreditation status lowered in accordance with Chapter 6 Accreditation Rules.

History

Effective 2025-11-14

1437 Wyoming Charter School Authorizing Board

Chapter 1 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

Wyo. Code R. 206.0004.1.10092025 § 1 Authority

. The Wyoming State Charter School Authorizing Board is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records. It has rulemaking authority pursuant to W.S. 16-4-204(d).

History

Effective 2025-10-09

Wyo. Code R. 206.0004.1.10092025 § 2 Adoption of Uniform Rules

. The Board hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov/‌Search.aspx?‌RefNum=‌006.0011.2.09062016.

(b) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Board's office at the Wyoming Department of Education and are available for public inspection and copying at the same location.

History

Effective 2025-10-09

Wyoming Administrative Rules 206 — Education, Dept. of

55 Children's Trust Fund

Chapter 1 Children's Trust Fund

Wyo. Code R. 206.0001.1.12151994 Children's Trust Fund

56 General Agency, Board or Commission Rules

Chapter 1 Private School Licensing for Post Secondary Proprietary Schools

Wyo. Code R. 206.0002.1.11021994 Private School Licensing for Post Secondary Proprietary Schools

Chapter 2 Rules for Minimum Standards for Wyoming Student Transportation Vehicles

Wyo. Code R. 206.0002.2.10052021 § 1 Authority

Wyo. Code R. 206.0002.2.10052021 § 2 General

Wyo. Code R. 206.0002.2.10052021 § 3 Definitions

Wyo. Code R. 206.0002.2.10052021 § 4 School Bus Body and Chassis Specifications

Wyo. Code R. 206.0002.2.10052021 § 5 Multipurpose Passenger Vehicles

Chapter 3 Rules of Practice and Procedure

Wyo. Code R. 206.0002.3.04052023 § 1 Authority

Wyo. Code R. 206.0002.3.04052023 § 2 Contested Case Hearings

Wyo. Code R. 206.0002.3.04052023 § 3 Informal Review of School Performance Ratings

Wyo. Code R. 206.0002.3.04052023 § 4 Petition of Education Rules

Wyo. Code R. 206.0002.3.04052023 § 5 Adoption of Uniform Public Records Rules

Chapter 6 District and School Accreditation

Wyo. Code R. 206.0002.6.07152021 § 1 Authority

Wyo. Code R. 206.0002.6.07152021 § 2 Purpose

Wyo. Code R. 206.0002.6.07152021 § 3 Definitions

Wyo. Code R. 206.0002.6.07152021 § 4 Accreditation in General

Wyo. Code R. 206.0002.6.07152021 § 5 Accreditation Criteria

Wyo. Code R. 206.0002.6.07152021 § 6 Accreditation Status

Wyo. Code R. 206.0002.6.07152021 § 7 School Accreditation Status

Wyo. Code R. 206.0002.6.07152021 § 8 Institutional School Accreditation

Chapter 7 Services for Children with Disabilities

Wyo. Code R. 206.0002.7.03222010 Services for Children with Disabilities

Chapter 8 School Finance

Wyo. Code R. 206.0002.8.12212018 § 1 Authority

Wyo. Code R. 206.0002.8.12212018 § 2 Definitions

Wyo. Code R. 206.0002.8.12212018 § 3 Basis of Accounting

Wyo. Code R. 206.0002.8.12212018 § 4 School and Operational Days

Wyo. Code R. 206.0002.8.12212018 § 5 Reporting a School's Status to the Department

Wyo. Code R. 206.0002.8.12212018 § 6 School Reconfiguration Reporting for Purposes of Funding

Wyo. Code R. 206.0002.8.12212018 § 7 Minimum Attendance Taking Requirements

Wyo. Code R. 206.0002.8.12212018 § 8 Mathematical Calculation of Average Daily Membership (ADM)

Wyo. Code R. 206.0002.8.12212018 § 9 Corrections and Changes to the Funding Model

Wyo. Code R. 206.0002.8.12212018 § 10 Funding Model Operations and Maintenance

Wyo. Code R. 206.0002.8.12212018 § 11 Reimbursable Expenditures

Wyo. Code R. 206.0002.8.12212018 § 12 Cash Reserves

Wyo. Code R. 206.0002.8.12212018 § 13 At-Risk Data Used for the Funding Model

Wyo. Code R. 206.0002.8.12212018 § 14 Internal Consistency of Reports and Mathematical Integrity

Wyo. Code R. 206.0002.8.12212018 § 15 Retention of Foundation Program Reports

Wyo. Code R. 206.0002.8.12212018 § 16 School Finance Audits

Chapter 10 Wyoming Content and Performance Standards

Wyo. Code R. 206.0002.10.07162025 Wyoming Content and Performance Standards

Chapter 14 Education Program Approval of Public and Private Institutions Receiving State Funds for the Education Costs of Students

Wyo. Code R. 206.0002.14.07252019 § 1 Authority

Wyo. Code R. 206.0002.14.07252019 § 2 Definitions

Wyo. Code R. 206.0002.14.07252019 § 3 Initial Education Program Approval Requirements

Wyo. Code R. 206.0002.14.07252019 § 4 Ongoing Education Program Approval Requirements

Wyo. Code R. 206.0002.14.07252019 § 5 Fiscal Management and Payment of Education Costs

Wyo. Code R. 206.0002.14.07252019 § 6 Rate Setting Process

Wyo. Code R. 206.0002.14.07252019 § 7 Failure to Comply

Chapter 18 Private Non-Religious K-12 Schools

Wyo. Code R. 206.0002.18.06112013 Private Non-Religious K-12 Schools

Chapter 20 Rules for the Student Transportation Component within the Education Resource Block Grant Model

Wyo. Code R. 206.0002.20.01072021 § 1 Authority

Wyo. Code R. 206.0002.20.01072021 § 2 Definitions

Wyo. Code R. 206.0002.20.01072021 § 3 Reimbursable Expenses

Wyo. Code R. 206.0002.20.01072021 § 4 Non-reimbursable Expenses

Wyo. Code R. 206.0002.20.01072021 § 5 Vehicles

Wyo. Code R. 206.0002.20.01072021 § 6 Transportation Fleet Requirements

Wyo. Code R. 206.0002.20.01072021 § 7 Operations

Wyo. Code R. 206.0002.20.01072021 § 8 State Vehicle Bid Process

Wyo. Code R. 206.0002.20.01072021 § 9 Isolation and Maintenance Payments (W.S. 21-4-401)

Chapter 27 Montgomery Trust Fund for the Blind

Wyo. Code R. 206.0002.27.04201998 Montgomery Trust Fund for the Blind

Chapter 29 Evaluation Systems for District and School Leaders and Other Certified Personnel

Wyo. Code R. 206.0002.29.04062020 Evaluation Systems for District and School Leaders and Other Certified Personnel

Chapter 30 Private School Registration / Licensing for Private Degree Granting Post-Secondary Education Institutions

Wyo. Code R. 206.0002.30.03142011 Private School Registration / Licensing for Private Degree Granting Post-Secondary Education Institutions

Chapter 32 Charter Schools

Wyo. Code R. 206.0002.32.04142025 § 1 Authority

Wyo. Code R. 206.0002.32.04142025 § 2 Definitions

Wyo. Code R. 206.0002.32.04142025 § 3 Written Application

Wyo. Code R. 206.0002.32.04142025 § 4 In-Person Interview