Title 21 · WY

21-3-302.2(a);

Citation: Wyo. Stat. § 21-3-302

Section: 21-3-302

21-3-302.2(a);

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

(ix) "Charter application" means the application submitted by a proposed charter school to an authorizer for the creation of a charter school; (x) "Department" means the Wyoming department of education;

(xi) "Education service provider" means a for-profit or nonprofit education management organization, charter management organization, or any other partner entity that a charter school contracts with for educational program implementation or for comprehensive management;

(xii) "Full-time virtual charter school" means a charter school that offers educational services primarily or completely through an online program;

(xiii) "Governing board" means the independent board of a charter school that is a party to a charter contract with the authorizer, whose members have been selected pursuant to the charter application and who are subject to the Ethics and Disclosure Act, W.S. 9-13-101 through 9-13-109.

21-3-302.1. Charter school authorizers; powers and duties.

(a) Authorizers shall:

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

(ii) Monitor charter schools approved by the authorizer;

(iii) Make decisions on the renewal, nonrenewal and revocation of charters granted by the authorizer;

(iv) Establish and maintain policies and practices consistent with the principles and professional standards for authorizers of charter schools related to all of the following:

(A) Requirements for organizational capacity and infrastructure of the charter school;

(B) Soliciting and evaluating charter applications;

(D) Charter application approval, renewal and revocation decision making. (v) In determining whether to approve a charter application, the authorizer shall:

(A) Grant charters to applicants that possess competence in the elements of the charter application requirements identified in this article;

(B) Base decisions on documented evidence collected through the charter application review process.

(vi) Act as the local education agency for charter schools authorized to operate under this article to apply for, receive or administer grants through a grant program created by a federal or state statute or program which requires local education agency status.

(b) Funding for authorizers shall consist of administrative fees collected from the charter school. Fees shall not exceed three percent (3%) of the charter school's annual state funding. Authorizers shall restrict the expenditure of funds received under this subsection for the purpose of fulfilling duties under this article and shall annually publish and submit to the state superintendent of public instruction a report detailing expenditure of funds.

21-3-302.2. Wyoming charter school authorizing board; number of charter schools that may be authorized.

(a) There is created the Wyoming charter school authorizing board. The mission of the board is to authorize high quality public charter schools.

(b) The Wyoming charter school authorizing board shall consist of the following eight (8) members:

(i) Three (3) members appointed by the superintendent of public instruction. Each member appointed under this paragraph shall have at minimum five (5) years of experience in Wyoming in education;

(ii) The chairman of the state board of education, or the chairman's designee; (iii) Three (3) members appointed by the governor and confirmed by the senate;

(iv) The dean of the University of Wyoming's college of education, or his designee.

(i) Be a resident of the state;

(ii) Possess experience and expertise in public or nonprofit governance, management and finance, public school leadership, assessment, curriculum or instruction or public education law.

(d) Of the initial members appointed to the board, the members appointed under paragraph (b)(i) of this section shall serve two (2) year terms and the members appointed under paragraph (b)(iii) of this section shall serve four (4) year terms. Thereafter, all appointments shall be for four (4) year terms. The initial appointments shall be made not later than July 1, 2023.

(e) Members appointed to the board under paragraph (b)(i) of this section may be removed by the superintendent of public instruction. Members appointed to the board by the governor under paragraph (b)(iii) of this section may be removed in accordance with W.S. 9-1-202.

(f) Vacancies shall be appointed pursuant to subsection (b) of this section.

(g) The board shall meet not less than two (2) times each year.

(h) All appointed members of the board shall receive compensation, per diem and mileage for actual time spent in performance of their duties and traveling expenses while in attendance and going to and from board meetings in the same manner and amount as members of the Wyoming legislature.

(j) Members shall be subject to the Ethics and Disclosure Act, W.S. 9-13-101 through 9-13-109.

(k) Beginning on July 1, 2025 and notwithstanding any other provision of law, the Wyoming charter school authorizing board may authorize any number of charter schools in accordance with the requirements of this article.

21-3-303. Charter school prohibitions.

(a) This article shall not prohibit any private person or organization from funding or providing other assistance for the establishment or operation of a charter school established pursuant to this article.

(b) No charter shall be granted under this article if it is determined that its sole purpose is to avoid consolidation or closure of any school or district. For purposes of this subsection, consolidation or closure applies regardless of grade configuration, building location or school or district name.

(c) No charter application shall be considered from any person, group or organization proposing to convert a private school or a nonpublic home-based educational program into a charter school.

(d) No charter school shall enter into a contract with an independent management company or education service provider without the prior written consent of the authorizer.

(e) Repealed by Laws 2021, ch. 169, § 4.

21-3-304. Charter school; requirements; authority.

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

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

(c) A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. Enrollment decisions shall not discriminate against at-risk students or students with special education needs. A charter school sponsored jointly or separately by the Eastern Shoshone or the Northern Arapaho Indian tribes may give preference to a student who is a member or eligible for membership in an Indian tribe.

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

(e) A charter school, as a public school, is a governmental entity. Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the authorizer unless the authorizer expressly assumes the obligations in writing.

(f) Notwithstanding the provisions of this article to the contrary, a charter school and the authorizer may agree to extend the length of the charter beyond five (5) years.

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

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

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

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

(h) A charter school shall be responsible for its own operation including, but not limited to, preparation of a budget, contracting for services and personnel matters.

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

(k) Except as provided in subsection (j) of this section, a charter school shall not be required to pay rent for space which is deemed available and adequate by the state construction department within the applicable district for operation of the charter school. All other costs for the improvement, modification, operation and maintenance of school district facilities used by the charter school shall be subject to negotiation between the charter school and the district board and may be negotiated as an agreement separate from a charter contract between the charter school and the authorizer.

(m) A charter school shall be authorized to offer any educational program that may be offered by a school district unless expressly prohibited by its charter or by state law.

(n) Repealed by Laws 2021, ch. 169, § 4.

(o) Repealed by Laws 2021, ch. 169, § 4.

(p) Admission to a charter school shall not be determined solely on academic abilities or achievements, including minimum test scores or intelligence quotient scores.

(q) Individuals compensated by an education service provider shall be prohibited from serving as a voting member on the governing board of any charter school that contracts with the education service provider unless waived by the authorizer.

(r) A charter school governing board shall have access to education service provider records as necessary to oversee the education service provider contract.

21-3-305. Charter schools; contract contents; renewal; revocation; closure; appeal; regulations.

(a) An approved charter application shall serve as the basis for a contract between the charter school and the authorizer. Within seventy-five (75) days of the final approval of a charter application, the governing board and the authorizer shall execute the charter contract. The charter contract shall:

(i) Be a written instrument which is a separate document from the charter application and shall be the final authorizing document for the charter school;

(ii) Be executed by an authorizer and a charter school, with a copy submitted to the state superintendent of public instruction within five (5) days after the signature of both parties;

(iii) Confer certain rights, privileges and obligations on the charter school pursuant to this article; (iv) Confirm the status of the charter school as a public school;

(v) Be granted for five (5) years;

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

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

(viii) Specify the grounds for the authorizer to:

(A) Revoke the charter before the term for which the charter is granted;

(B) Not renew a charter.

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

(A) Evidence of adequate performance or improvement in:

(I) Assessment measures, including the statewide assessment system measures;

(II) Attendance rates;

(III) Graduation rates, if applicable;

(IV) Statewide education accountability system measures;

(V) Financial performance and stability; and (VI) Governing board performance and stewardship, including compliance with applicable laws, rules and regulations, and charter terms.

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

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

(A) Compliance with applicable law; and

(B) Progress in meeting targeted educational performance.

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

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

(xiii) Specify dates for the charter school to:

(A) Begin school operations; and

(B) Have students attending the charter school.

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

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

(xvi) Require a charter school to set annual performance targets in conjunction with the charter school's authorizer. The annual performance targets shall be designed to help each school meet applicable federal, state and authorizer requirements; (xvii) Specify closure protocols to ensure students receive educational services without interruption to the greatest extent reasonably possible in the event the charter school closes for any reason.

(b) The contract between the charter school and the authorizer may be renewed pursuant to a renewal application. The renewal application shall:

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

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

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

(B) Describe improvements undertaken or planned for the charter school; and

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

(d) Repealed by Laws 2021, ch. 169, § 4.

(e) Repealed by Laws 2021, ch. 169, § 4.

(f) The authorizer shall make a final decision on the renewal application not later than thirty (30) days after the filing of the renewal application under this subsection.

(g) Repealed by Laws 2023, ch. 179, § 3.

21-3-306. Application for establishing charter schools; conversion of existing schools. (a) Any person may apply to an authorizer for the establishment of a new charter school. The applicant shall have the right to determine which authorizer to apply to and may apply to a different authorizer for renewal of a charter. The Wyoming charter school authorizing board may reject a renewal application from an existing charter school if the renewal is to avoid necessary corrective measures, including closure of the charter school, identified by the authorizer.

(b) Administrators and teachers employed by the district, parents of students enrolled in the district and any special district advisory group comprised of district residents may apply to the district board to convert an existing public school operating within the school district to a charter school. An application filed under this subsection shall demonstrate the support of not less than fifty percent (50%) of the teachers employed by the school who teach at the school proposed to be converted, and the parents of fifty percent (50%) of all students attending the school proposed to be converted. A converted charter school operated under this subsection is a separate school and shall have the rights and obligations provided under this article, including but not limited to the ability to hire its own employees.

(c) Instead of establishing a new charter school or a converted charter school under this section, a district board and a charter school applicant may by mutual agreement establish a charter school within a school. A charter school operated under this subsection is a separate school and shall have the rights and obligations provided under this article for new and converted charter schools. The agreement between the school board and the charter school may provide that faculty and staff at the charter school may work in both the charter school established under this subsection and other district schools. If district students attend both the charter school established under this subsection and another district school, the students shall be counted for each school in proportion to the percentage of their time spent in each school.

(d) Repealed by Laws 2023, ch. 179, § 3.

21-3-307. Charter application; contents; phased-in application process.

(a) The charter school application shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include: (i) A description of the educational program of the school, designed to identify those whom the school is attempting to educate, what it means to be an educated person in the twenty-first century and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent and lifelong learners;

(ii) The measurable pupil outcomes identified for use by the charter school. "Pupil outcomes" for purposes of this paragraph means the extent to which all pupils of the school demonstrate they have attained the skills and knowledge specified as goals in the school's educational program. "Pupil outcomes" shall include state assessments and standards;

(iii) The method by which pupil progress in meeting those pupil outcomes is to be measured;

(iv) The governance structure of the school, including but not limited to the process to be followed by the school to ensure parental, teacher and community involvement;

(v) The qualifications to be met by individuals to be employed by the school;

(vi) The procedure that the school will follow to ensure the health and safety of pupils and staff;

(vii) Admission requirements, if applicable, provided that enrollment shall be open to all to the extent seats are available within the applicable grade level, subject to W.S. 21- 3-304(c). If the number of applicants for enrollment exceeds the available seats, the charter school shall, subject to W.S. 21-3- 304(c), hold a blind lottery to determine enrollment. Students enrolled in the previous year shall be guaranteed a seat, and applicants with a sibling enrolled in the charter school shall receive a preference. For converted charter schools, students who attended the converted charter school the previous school year shall be given an enrollment preference. If the number of students enrolled in the converted charter school does not exceed the capacity of the school, secondary preference shall be given to students who reside within the district boundary in which the charter school is located; (viii) The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by the authorizer, is to be conducted;

(ix) The procedure by which pupils can be suspended or expelled;

(x) In accordance with this article, the manner by which staff members of the charter schools will be covered under the Wyoming retirement system and federal social security;

(xi) A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school and of any rights upon returning to the school district after employment at a charter school;

(xii) Minimum enrollment requirements;

(xiii) Evidence of adequate community support;

(xiv) Evidence that the plan for the charter school is economically sound;

(xv) A proposed budget for the term of the charter;

(xvi) Repealed by Laws 2021, ch. 169, § 4.

(xvii) Repealed by Laws 2021, ch. 169, § 4.

(xviii) The employment policies of the proposed charter school;

(xix) A proposed agreement or summary of a proposed agreement between the charter school governing board and the authorizer and, if applicable, the district regarding their respective legal liability and applicable insurance coverage;

(xx) A description of how the charter school plans to meet the transportation needs of its pupils and whether the charter school plans to provide transportation for pupils;

(xxi) In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school; (xxii) A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation;

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

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

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

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

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

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

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

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

(xxiv) In the case of a proposed charter school that intends to contract with an education service provider for educational program implementation or comprehensive management, the application shall additionally require the applicant to: (A) Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;

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

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

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

(xxvi) The school's plans for identifying and providing an education to all students enrolled or to be enrolled in the charter school, including but not limited to students with special education needs, students who are English language learners and gifted and talented students.

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

(c) Repealed by Laws 2021, ch. 169, § 4. (d) The state superintendent shall through rule and regulation prescribe a uniform charter school application and renewal application form to be used by each authorizer and charter school applicant for purposes of this article, and shall establish charter school application review procedures, including timelines for application components specified under subsection (a) of this section. The phased application process prescribed by state superintendent rule and regulation may provide a process for mediation of disputes concerning completeness of an application between the applicant and authorizer, which would be subject to W.S. 1-43-101 through 1- 43-104, would allow either party to initiate mediation and would impose costs of mediation equally upon both parties. Any mediation process prescribed by rule shall specify professional requirements for the impartial third party facilitating mediation. If either party refuses to mediate, the dispute may be appealed to the state board.

(e) The Wyoming charter school authorizing board shall submit all applications received under this section to the department of education for review of compliance with the accreditation requirements. The department of education shall submit a report of this review to the Wyoming charter school authorizing board.

21-3-308. Hearing by authorizer; prohibited actions by authorizer; criteria; compliance with state standards; contractual authority.

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

(b) No district board of trustees or agent of the board shall require any employee of the school district to be employed in a charter school or any pupil enrolled in the school district to attend a charter school. No district board or its agent shall harass, threaten, discipline, discharge, retaliate or in any manner discriminate against any district employee involved directly or indirectly with an application to establish a charter school as authorized under this article.

(c) The applicant shall provide with the application information regarding the proposed operation and potential effects of the school, including but not limited to the facilities to be utilized by the school, the manner in which administrative services of the school are to be provided and a demonstration that the school is adequately insured for liability, including errors and omissions coverage, and that the authorizer is indemnified to the fullest extent possible. A district board may upon request of the applicant and approval of the charter school application, make available for use by the charter school any district facility which is closed, not operational and otherwise feasible for use as an educational building as defined under W.S. 21-15-109(a)(ii).

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

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

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

(ii) The charter school shall be subject to all competitive bidding laws which apply to a school district; (iii) The contract shall not exceed funds available to the charter school;

(iv) The contract shall not exceed the remaining length of operation for which the charter school was approved pursuant to W.S. 21-3-309;

(v) Repealed by Laws 2021, ch. 169, § 4.

(f) A school district shall not discriminate against a charter school in publicizing the district's educational options through advertising, direct mail, availability of mailing lists or other informational activities.

(g) Charter schools shall meet the state uniform educational program standards imposed upon public schools by W.S. 21-9-101 and 21-9-102 and the uniform state student content and performance standards prescribed by the state board of education under W.S. 21-2-304, including compliance with requirements under the statewide assessment system pursuant to W.S. 21-2-304(a)(v).

(h) Those teachers employed on a full-time basis in the charter school system shall be subject to the same requirements with respect to certification by the Wyoming professional teaching standards board under W.S. 21-2-802 and other qualifications as any other teachers authorized to teach in Wyoming public schools.

21-3-309. Length of operation under charter; renewal; revocation.

(a) A charter contract may be granted pursuant to this article for a period of five (5) years. A charter contract may be renewed for successive five (5) year terms, provided that the authorizer may vary the duration of the term based on the performance, demonstrated capacities and particular circumstances of the charter school. An authorizer may grant renewal of the charter contract with specific conditions for necessary improvements to the charter school.

(b) A charter school renewal application submitted to the authorizer shall be on a form prescribed by the state superintendent pursuant to W.S. 21-3-307(d) and in accordance with W.S. 21-3-305(b) and shall contain: (i) A report on the progress of the charter school in achieving the goals, objectives, pupil performance standards, content standards and other terms of the initial approved charter application; and

(ii) A financial statement that discloses the costs of administration, instruction and other spending categories for the charter school that is understandable to the general public and that will allow comparison of such costs to other schools or other comparable organizations, in a format required by the state board.

(c) A charter may be revoked or not renewed by the authorizer if the authorizer determines that the charter school did any of the following:

(i) Committed a material violation of any of the conditions, standards or procedures set forth in the charter application;

(ii) Failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter application;

(iii) Failed to meet generally accepted standards of fiscal management; or

(iv) Violated any provision of law from which the charter school was not specifically exempted.

(d) Repealed by Laws 2021, ch. 169, § 4.

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

(f) Repealed by Laws 2021, ch. 169, § 4.

(g) The charter school may appeal the authorizer's decision to revoke or not renew a charter application first to the office of administrative hearings, then to the district court where the charter school is located.

21-3-310. Repealed by Laws 2021, ch. 169, § 4.

21-3-311. Participation in retirement system. (a) Repealed by Laws 2021, ch. 169, § 4.

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

21-3-312. Authorizer to report to state board.

Each authorizer granting a charter pursuant to this article shall annually report to the state board on each charter school operating under its authorization and compliance with the provisions of the charter.

21-3-313. Charter schools; employee options.

(a) Repealed by Laws 2021, ch. 169, § 4.

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

21-3-314. Students counted among district ADM; determination of charter school funding.

(a) Each student attending a charter school shall be counted among the average daily membership of the school district in which the school is located and the school shall be included in the district's configuration of schools reported to the state superintendent under W.S. 21-13-309(m)(iv). Average daily membership of the charter school shall be calculated as follows:

(i) Notwithstanding W.S. 21-13-309(m)(iv)(A), in the first year of operation, the average daily membership for the charter school shall be based on the following:

(A) Initial average daily membership shall be calculated based upon the March 1 list of students who intend to enroll in the charter school as required under subsection (b) of this section;

(B) The average daily membership of the charter school computed under subparagraph (i)(A) of this subsection shall be adjusted by the enrollment count taken on October 1 of the first year of operation;

(ii) In the second year and all subsequent years and except as otherwise provided under paragraph (iv) of this subsection, the average daily membership of the charter school shall be counted only among the average daily membership of the school district;

(iii) Repealed by Laws 2023, ch. 179, § 3.

(iv) Notwithstanding W.S. 21-13-309(m)(iv)(A), in the second and third year of charter school operation, the average daily membership of a charter school shall be based upon the prior school year average daily membership adjusted by the enrollment count taken on October 1 of the applicable school year;

(v) Notwithstanding W.S. 21-13-309(m)(iv)(A), for any charter school in its fourth or subsequent year of charter school operation and the charter school expands its enrollment to include one (1) or more consecutive grade levels above its current school configuration of grades, the average daily membership for the charter school shall be adjusted by the enrollment count taken on October 1 of the first year of operation under the expanded grade level or levels.

(b) Any approved charter school shall provide the local school district with the names, grades and school of current enrollment for all students who plan to enroll in the proposed charter school. The information shall be provided no later than March 1 of the school year preceding the school year in which the charter school plans to begin operation.

(i) Except as provided in paragraph (vi) of this subsection, one hundred percent (100%) of the foundation program amount computed under W.S. 21-13-309(m) based upon the average daily membership of the charter school, less amounts generated by the charter school's membership under paragraph (b)(xxix) of "Attachment A" as defined in W.S. 21-13-101(a)(xvii) and less amounts specified under W.S. 21-13-309(m)(v)(E)(III) through (V); (ii) One hundred percent (100%) of the amount to be contributed to the school district under major maintenance payments pursuant to W.S. 21-15-109 based upon the proportion that the charter school educational building gross square footage contributes to the district educational building gross square footage;

(iii) Repealed by Laws 2023, ch. 179, § 3.

(iv) One hundred percent (100%) of the amount expended by the charter school that is eligible for reimbursement under W.S. 21-13-320 and 21-13-321 as computed under W.S. 21-13-309(m);

(v) One hundred percent (100%) of the amount expended by the charter school that is eligible for reimbursement by the department of education under W.S. 9-3-413 and 9-3-413.1;

(vi) A percentage amount calculated by dividing the charter school's average daily membership by the total average daily membership of the charter school's respective school district multiplied by the amounts generated from the foundation program amount computed under W.S. 21-13-309(m) and paragraph (b)(xxix) of "Attachment A" as defined in W.S. 21-13- 101(a)(xvii).

(d) The charter school may also contract with the school district for centralized services provided by the district including curriculum, media services, libraries and federally required educational services such as special education.

(e) The district and the charter school may by mutual agreement fund the charter school through a specific budget for the charter school.

(f) Repealed by Laws 2023, ch. 179, § 3.

ARTICLE 4 - READING ASSESSMENT AND INTERVENTION

21-3-401. Reading assessment and intervention.

(a) Each school district shall select and implement a reading assessment and intervention program that uses one (1) or more instruments identified by the state superintendent under subsection (d) of this section that screens for signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies, not less than three (3) times per year in kindergarten through grade three (3) and that implements with fidelity an evidence based intervention program for students at- risk for reading failure. The program shall include instruments identified by the state superintendent under subsection (d) of this section that monitor and measure reading progress and assess student reading skills and progress to provide data that informs any intervention. The assessment and intervention program shall be administered to all students in kindergarten through grade three (3). The program shall also include implementation of evidence based core curricula aligned to the uniform content and performance standards and evidenced based interventions to meet the needs of all students. The program shall be multi-tiered and shall include evidence based interventions to facilitate skill-specific remediation of any reading difficulty as early as possible.

(b) As soon as practicable after the screening is conducted under the program established in subsection (a) of this section, each school district shall provide a copy of the screening results, including an explanation of the screening results, to the parent, guardian or other person having control of a student showing signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies, or not showing appropriate reading competence under this section. Students found to be high-risk for reading failure under this section shall be placed on an individualized reading plan anytime between the middle of the school year in kindergarten through the end of grade three (3) to remedy the reading related difficulty utilizing an appropriate evidence based intervention program that does not occur during literacy core instructional time. For students under an individualized education program (IEP) which addresses reading difficulties, the IEP shall be deemed sufficient to meet the requirements of this subsection and no additional plan shall be required.

(c) Each district shall annually report to the department of education on the progress of each of its schools toward achieving the goal of eighty-five percent (85%) of all students reading at grade level upon completion of the third grade. This report shall include cohort analysis for kindergarten through grade three (3) for those students identified by the screening instruments as having signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies. The report shall include the percentage of students meeting or exceeding proficiency levels for the annual reporting period. The reporting shall also include the aggregate number of students identified by the screening instruments as having signs of reading difficulties, including but not limited to dyslexia or other reading deficiencies, in addition to listing the evidence based core literacy curricula and interventions implemented in each district by grade. This report shall include kindergarten through grade three (3) progress toward achieving the goal of eighty-five percent (85%) proficiency in the specific skills known to be predictive of grade three (3) reading proficiency and that are listed in subsection (d) of this section. This report shall also include grade three (3) reading proficiency determined by the grade three (3) statewide assessment administered pursuant to W.S. 21-2-304(a)(v). Each school not meeting the eighty-five percent (85%) goal specified under this subsection shall submit an improvement plan to the school district, and the school district shall submit an overall improvement plan to the department. At a minimum, each school and district improvement plan shall outline its general strategy for increasing reading proficiency for the next school year and shall specifically address the evidence based program of instruction, assessment and intervention being implemented and the specific training in those programs that reading teachers have received.

(d) The state superintendent, in consultation with Wyoming school districts, professionals in the area of reading difficulties, including but not limited to dyslexia and other reading deficiencies, and other appropriate stakeholders, shall promulgate rules as necessary to assist each school district to administer its reading assessment and intervention program pursuant to this section and to assess the skills in paragraphs (i) through (v) of this subsection using a curriculum- independent assessment. The rules shall contain criteria to identify instruments that screen for signs of reading difficulties, including but not limited to dyslexia and other reading deficiencies, required under subsection (a) of this section. Based on the criteria incorporated by rule, the state superintendent shall identify instruments approved for use by school districts that monitor and measure reading progress and assess student reading skills and progress to provide data that informs any intervention required under subsection (a) of this section. The rules shall provide mechanisms for the state superintendent to directly support schools and school districts in meeting the goa