35-7-1037 shall not be convictions for purposes of this section;

35-7-1037 shall not be convictions for purposes of this section;

(ii) "Felony" means a criminal offense for which the penalty authorized by law includes imprisonment in a state penal institution for more than one (1) year. "Felony" includes an offense committed in another jurisdiction which, if committed in this state, would constitute a felony as defined in this paragraph.

(h) The board shall establish qualifications of persons teaching driver education in a public school in this state in accordance with W.S. 21-7-303(c).

(j) Nothing in this section authorizes the board to establish qualifications of persons exempt from certification requirements pursuant to W.S. 21-7-303(b).

(k) Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

(m) In accordance with criteria and guidelines established by the state superintendent of public instruction, the board shall submit data elements collected from school administrators, teachers and other school district personnel certified under this article to the department of education for housing in the department's data base repository.

ARTICLE 9 - STEAMBOAT LEGACY SCHOLARSHIP ACT

21-2-901. Short title. This act shall be known as the "Steamboat Legacy Scholarship Act." The program created by this act shall be known as the "ESA program."

21-2-902. Definitions.

(a) As used in this act:

(i) "Curriculum" means a course of study for content areas or grade levels, including any supplemental materials required or recommended by the curriculum;

(ii) "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;

(iii) "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;

(iv) "ESA student" means a student eligible for an ESA pursuant to W.S. 21-2-904(a) who is participating in the ESA program;

(v) "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;

(vi) "Pre-kindergarten" means an educational program with the primary goal of preparing children for kindergarten that provides up to one (1) school year of education prior to entry into kindergarten;

(vii) "Qualified school" means a pre-kindergarten or a nonpublic primary or secondary school, certified by the state superintendent of public instruction pursuant to W.S. 21-2- 906(a), located in or that provides education services in this state, that may include through online means;

(viii) "This act" means W.S. 21-2-901 through 21-2- 909.  21-2-903. Education savings accounts; steamboat legacy scholarship program account.

(a) For school year 2025-2026 and each school year thereafter, the total amount to be deposited in an education savings account each year shall be as follows:

(i) For students eligible for an ESA under W.S. 21-2- 904(a)(i), seven thousand dollars ($7,000.00);

(ii) For students eligible for an ESA under W.S. 21- 2-904(a)(ii), whose household income is equal to or less than two hundred fifty percent (250%) of the federal poverty level using the student's household income compared to the federal poverty guidelines for the student's household size and income, seven thousand dollars ($7,000.00).

(b) Payments to ESAs under this act shall be made by the state superintendent of public instruction from the steamboat legacy scholarship program account, which is hereby created. The steamboat legacy scholarship program account shall consist of funds transferred to the account and other funds appropriated by the legislature to the account. All earnings from investment of the steamboat legacy scholarship program account shall be credited to the account. Any unencumbered, unobligated balance of the steamboat legacy scholarship program account at the end of each fiscal year shall not revert but shall remain in the account and shall be expended to fund ESAs as provided by this act.

(c) Payments to each approved ESA shall be disbursed on a quarterly basis by the state superintendent or another state agency or person designated by the state superintendent to administer and disburse funds to education savings accounts.

(d) The ESA program shall not be funded with county, city or school district tax revenues.

21-2-904. ESA parent agreement; ESA administration.

(a) Subject to the availability of funds as determined by the legislature, any child who is a Wyoming resident, who meets one (1) of the following qualifications, and subject to W.S. 21- 2-903(a), shall be eligible to receive an ESA subject to the provisions of this act:  (i) The child has not graduated from high school or received a high school equivalency certificate and is eligible to attend a public school in this state; or

(ii) The child is not less than four (4) years of age as of August 1 of the year in which the application for an ESA is made and has not yet attained the age to attend public school in this state.

(b) To participate in the ESA program, the custodial parent of an ESA student shall sign an agreement with the state superintendent that:

(i) Requires use of the ESA funds for the following qualifying expenses to educate the ESA student:

(A) Tuition and fees at a qualified school;

(B) Tutoring services provided by an individual or a tutoring facility. The tutoring services shall not be provided by an ESA student's immediate family;

(C) Services contracted for and provided by a public school district, including services provided by a public charter school. Services under this subparagraph may include, without limitation, individual classes and extracurricular activities and programs;

(D) Textbooks, curriculum and other instructional materials, including, but not limited to, any supplemental materials or associated online instruction required by either a curriculum or an education service provider;

(E) Computer hardware or other technological devices that are primarily used to help meet an ESA student's educational needs;

(F) Educational software and applications;

(G) School uniforms;

(H) Fees for nationally standardized assessments, advanced placement examinations, examinations related to college or university admission and tuition and fees for preparatory courses for the exams;  (J) Tuition and fees for summer education programs and specialized after school education programs, but not including after school childcare programs;

(K) Tuition, fees, instructional materials and examination fees at a career or technical school;

(M) Educational services and therapies including, but not limited to, occupational, behavioral, physical, speech-language and audiology therapies;

(N) Tuition and fees at an institution of higher education;

(O) Fees for transportation paid to a fee-for- service transportation provider for the student to travel to and from an education service provider;

(P) Any other educational expense approved by the state superintendent;

(Q) Tuition and fees for nongovernmental online learning programs.

(ii) For students eligible for an ESA under paragraph (a)(i) of this section:

(A) Requires that the ESA student receive instruction in reading, writing, mathematics, civics, including studies of the United States constitution and the constitution of the state of Wyoming, history, literature and science and is assessed on academic progress. No parent shall be required to include any instruction that conflicts with the parent's or the ESA student's religious doctrines;

(B) Requires that the ESA student take the statewide assessments administered pursuant to W.S. 21-2-304(a) or a nationally normed achievement exam;

(C) Certifies that the ESA student is not, or will not be, enrolled in a public school district upon receipt of the ESA and releases the applicable school district from all obligations to educate the ESA student. This subparagraph shall not:

(I) Require an eligible student to withdraw from a public school district before applying for or receiving an ESA if the student withdraws from the public school district before receiving or expending any monies in the student's ESA;

(II) Prevent a qualified student from applying in advance for an ESA student to be funded beginning the following school year; or

(III) Prevent a public school district from charging an ESA for any services provided to the qualified student to the extent authorized by law.

(c) Funds in an ESA shall not be refunded, rebated or shared with a parent of an ESA student in any manner. Any refund or rebate for goods or services purchased with ESA funds shall be credited directly to the student's ESA.

(d) Parents may make payments for costs of educational goods and services not covered by the funds in the ESA. Personal deposits into an ESA shall not be permitted.

(e) An ESA shall remain active and any unused funds shall not revert until the parent withdraws the ESA student from the ESA program or until the ESA student is no longer eligible for the ESA program, unless the ESA is closed because of a substantial misuse of funds. When an ESA is closed, any unused funds shall revert to the steamboat legacy scholarship program account.

(f) Nothing in this act shall be construed to require an ESA student to be enrolled, full-time or part-time, in a nonpublic school. An ESA student receiving individualized instruction in a non-school setting shall not be construed to be a student of a home-based educational program as defined in W.S.