General provisions and definitions




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TITLE 21

EDUCATION


CHAPTER 1

GENERAL PROVISIONS AND DEFINITIONS


211101.  Short title.
This act shall be known and may be cited as the Wyoming Education Code of 1969.
211102.  Use of "shall" and "may".
In this act "shall" is used in an imperative sense and "may" is used in a permissive sense.
211103.  "State superintendent", "state board" and "director" defined.
(a)  As used in this act, unless the context otherwise requires or unless otherwise specifically noted:
(i)  "State superintendent" means the state superintendent of public instruction;
(ii)  "State board" means the state board of education;
(iii)  Repealed by Laws 2015, ch. 30, § 4.
211104.  Repealed by Laws 2015, ch. 30, § 4.
CHAPTER 2

THE ADMINISTRATION OF THE STATE

SYSTEM OF EDUCATION AT THE STATE LEVEL
ARTICLE 1

GENERAL PROVISIONS


212101.  Application of Wyoming Administrative Procedure Act.
The Wyoming Administrative Procedure Act shall apply to this code and no hearing shall be held or adjudications made except in compliance with its provisions.
212102.  Effect on functions and powers of board of trustees of University of Wyoming.
Nothing in this code shall be construed to limit or contravene the functions and powers of the board of trustees of the University of Wyoming as established by law in conformity with the constitution and laws of the state of Wyoming and the laws of the United States.
212103.  Effect on functions and powers of community college commission.
Nothing in this code shall be construed to limit or contravene the functions and powers of the community college commission of Wyoming as established by law.
212104.  State department of education established; personnel; facilities.
There shall be a separate and distinct state department designated as the state department of education which shall be under the supervision of the state superintendent and consist of the state superintendent and such divisions, staffed by personnel and provided with facilities the state superintendent determines necessary to assist him in the proper and efficient discharge of his respective duties.
212105.  Delegation of duties of state superintendent.
The state superintendent may delegate ministerial and nondiscretionary duties within the department of education.
ARTICLE 2

SUPERINTENDENT OF PUBLIC INSTRUCTION AND DEPARTMENT OF EDUCATION


212201.  General supervision of public schools entrusted to state superintendent.
(a)  The general supervision of the public schools shall be entrusted to the state superintendent who shall be the administrative head and chief executive officer of the department of education.
(b)  Repealed by Laws 2015, ch. 30, § 4.
(c)  Repealed by Laws 2015, ch. 30, § 4.
212202.  Duties of the state superintendent.
(a)  In addition to any other duties assigned by law, the state superintendent shall:
(i)  Make rules and regulations, consistent with this code, as may be necessary or desirable for the proper and effective administration of the state educational system and the statewide education accountability system pursuant to W.S. 212204. Nothing in this section shall be construed to give the state superintendent rulemaking power in any area specifically entrusted to the state board;
(ii)  Consult with and advise the state board, local school boards, local school administrators, teachers and interested citizens, and seek in every way to develop public support for a complete and uniform system of education for the citizens of this state;
(iii)  Maintain adequate files and records of matters pertaining to the business of his office;
(iv)  Enforce the provisions of this code and the administrative rules and regulations provided for in this code, in accordance with procedures provided by law;
(v)  Repealed by Laws 1994, ch. 17, § 2.
(vi)  Repealed by Laws 1994, ch. 17, § 2.
(vii)  Assist the state board in the performance of its duties and responsibilities, including providing information to the board upon request;
(viii)  Prepare and maintain a list of accredited schools in Wyoming;
(ix)  Print and distribute to local boards of trustees, local school administrators and other persons and agencies within or without the state the school laws, regulations, forms, necessary reports of the state board, state committee, state superintendent and state department. The state superintendent may require the payment of reasonable costs of publication, handling and postage by persons or agencies outside the state requesting publications and shall deposit all payments into the general fund;
(x)  Promulgate rules for the acceptance and disbursement of federal funds apportioned to the state for school lunch, milk and other commodities distribution programs. For purposes of these programs, the state superintendent may enter into agreements, employ personnel, direct disbursement of funds in accordance with federal law to be used by districts to operate the programs along with funds from gifts and the sale of school lunches or other commodities, assist in the training of personnel in the programs and accept gifts in connection with the programs. Districts shall maintain records and report to the state superintendent in accordance with rules promulgated under this paragraph, but accounts and records need not be preserved more than five (5) years. The state superintendent shall audit and conduct reviews and inspections of accounts, records and operations of programs to ensure effective administration and compliance with applicable law and rules. To the extent funds are available, the state superintendent shall conduct studies to determine methods to improve and expand school lunch programs and to promote nutritional education in the schools, including appraising nutritive benefits of school lunch programs. For school lunch program funds, the state superintendent shall utilize a revolving account with a balance of at least five thousand dollars ($5,000.00) to cover any operating expenditures incurred by the school lunch division of the department under 7 U.S.C. section 1431, the United States department of agriculture commodity program offered to the state and accepted by the participating schools and institutions. The schools and institutions shall be billed for their share pro rata of transportation and allied charges with the receipts to be used in replenishing the revolving account. If the United States department of agriculture removes all commodities from this program, the revolving account shall be discontinued and the balance shall be transferred to the general fund;
(xi)  Repealed by Laws 1994, ch. 17, § 2.
(xii)  Promulgate rules and provide a biennial plan and budget for the maintenance and operation of the Wyoming school for the deaf in Casper;
(xiii)  Repealed By Laws 2000, Ch. 73, § 3.
(xiv)  For purposes of the statewide assessment of students and reporting student performance under W.S. 212304(a)(v), have authority to assess and collect student educational assessment data from school districts, community colleges and the University of Wyoming. All data shall be consolidated, combined and analyzed in accordance with W.S. 212204(h) and shall be provided within a reasonable time in accordance with rules and regulations of the state board;
(xv)  Repealed by Laws 1994, ch. 17, § 2.
(xvi)  Assist the Wyoming professional teaching standards board in the performance of its duties and responsibilities under W.S. 212801 and 212802, including providing information to the board upon request;
(xvii)  Include in the agency's budget request:
(A)  Recommendations to the governor for appropriations from the school foundation program account and for appropriations to the account necessary to fund payments to school districts as required by law; and
(B)  Recommendations to the governor for appropriations from the foundation program for special programs.
(C)  Repealed By Laws 2002, Ch. 99, § 3.
(xviii)  In accordance with W.S. 212501 and 212701(a)(ii) and subject to W.S. 212304(a)(iii) and 219101(c), promulgate rules to assure that each child with disabilities receives a free and appropriate education in accordance with his capabilities, including persons who are deaf, blind or have other physical disabilities which prevent them from reading in a normal manner;
(xix)  Serve as the state agency to accept all federal funds for aid to education, except as provided in W.S. 212307 and 212601, and as the agency to administer or supervise the administration of any state plan established or federal funds subject to federal requirements. Each acceptance is restricted in its effect to the specific situation involved. The state superintendent may:
(A)  Enter into an agreement with the proper federal agency to procure for the state the benefits of the federal statute;
(B)  Establish a state plan, if required by the federal statute, to qualify the state for the benefits of the federal statute;
(C)  Provide for reports to be made to the federal agency as may be required;
(D)  Provide for reports to be made to the state department of education from local educational agencies receiving federal funds;
(E)  Make surveys and studies in cooperation with other agencies to determine the needs of the state with respect to the application of federal funds;
(F)  Establish standards to which agencies shall conform in receiving federal funds;
(G)  Give technical advice and assistance to any local educational agency in connection with that agency obtaining federal funds;
(H)  Take any other action as may be necessary to secure the benefits of the federal statute to the schools of this state. Nothing in this paragraph shall be construed as conferring any authority to the state superintendent with respect to the University of Wyoming or the various community colleges of the state;
(J)  Repealed By Laws 2013, Ch. 1, § 3.
(xx)  In cooperation with the state board, the Wyoming community college commission, University of Wyoming, public service commission, department of transportation, department of enterprise technology services, public libraries, school district boards of trustees, classroom teachers and other appropriate groups identified by the superintendent, develop and implement a statewide education technology plan which shall address staff training, curriculum integration and network connectivity in and between schools, communities and between the state and the world, and which shall have as its goal the provision of equal access to educational instruction and information. The statewide technology education plan may include telecommunications services provided by the department of enterprise technology services pursuant to W.S. 922906(g). Not later than January 10 of each year and with the assistance of participating agencies, an annual report on the status of the statewide education technology plan shall be prepared and issued by the state superintendent;
(xxi)  Establish and maintain a uniform statewide reporting system based upon requirements of the statewide education accountability system established under W.S. 212204 and the statewide student assessment implemented by the state board under W.S. 212304(a)(v);
(xxii)  In consultation with the department of environmental quality and school districts, establish guidelines for school districts for the proper and safe storage and disposal of toxic chemicals and other hazardous substances used by schools in educational programs;
(xxiii)  Establish statewide guidelines for adequate special education staffing levels, to be used in assessing special education programs and services provided by school districts;
(xxiv)  Monitor school district special education identification and service delivery practices, assess the appropriateness of district variations in services provided or the delivery of services and assist districts in developing alternatives to service delivery as necessary;
(xxv)  Measure and track district special education programs based upon student performance and develop procedures to monitor student progress over time;
(xxvi)  Establish criteria and guidelines for the identification of career-vocational education courses by districts, for the computation of full-time equivalent (FTE) students participating in career-vocational education courses and for the determination of full-time equivalent (FTE) career-vocational education teachers, and provide for the annual collection of information necessary to implement and administer W.S. 2113309(m)(v)(D);
(xxvii)  Develop a process and procedures necessary for consideration of district waivers from specified instructional and career-vocational education program requirements specified under W.S. 2113309(m)(v)(D), including incentives encouraging teacher certification and program course sequencing compliance, subject to district submission of the following:
(A)  Verification of the alignment of the proposed course or program with the state content and performance standards for career-vocational education programs;
(B)  Documentation of the additional costs associated with the proposed course or program including class size and specialized equipment needs; and
(C)  If applicable, documentation of experiences and education of a noncertified teacher that would otherwise qualify the teacher to instruct the proposed course.
(xxviii)  Establish necessary procedural and monitoring requirements for implementation of the career-technical education demonstration project grant program authorized under W.S. 2112105, including coordination with Wyoming post secondary education institutions and industry in developing program procedures and components;
(xxix)  By rule and regulation, provide for the reporting of district career-vocational education expenditures;
(xxx)  Effective school year 20122013 and each school year thereafter, in consultation and coordination with local school districts, by rule and regulation establish a program of administering a standardized, curriculum based, achievement college entrance examination, computeradaptive college placement assessment and a job skills assessment test selected by the state superintendent to all students in the eleventh and twelfth grades throughout the state in accordance with this paragraph. The examinations and tests selected by the state superintendent shall be administered throughout the United States and shall be relied upon by institutions of higher education. The college entrance examination shall at a minimum test in the areas of English, reading, writing, mathematics and science for all students in grade eleven (11). The jobs skills assessment test shall be optional for all students in grade eleven (11) or twelve (12) and shall at a minimum test in the areas of applied math, reading for information and locating information. The state superintendent shall pay all costs associated with administering the college entrance examination, the computeradaptive college placement assessment and the jobs skills assessment test and shall schedule a day during which examinations shall be provided. The date for statewide administration of the college entrance examination in grade eleven (11) shall be established by the state superintendent in a manner that best meets the needs of students and school districts. The computer adaptive college placement assessment shall be optional and all students in grade twelve (12) shall be provided at least one (1) opportunity to take the assessment during the school year. The state superintendent may enter into agreements with an administrator of the college entrance examination and the computeradaptive college placement assessment and an administrator of the jobs skills assessment test and adopt rules as necessary to ensure compliance with any requirements of an administrator, such as a secure environment. Waivers may be granted for the examinations and tests required by this paragraph for students with disabilities in accordance with the provisions of the federal No Child Left Behind Act of 2001 and the federal Individuals with Disabilities Education Act. Alternate assessments and accommodations shall be offered by the state superintendent in accordance with rule and regulation;
(xxxi)  By rule and regulation and in consultation with the state board of education and the Wyoming professional teaching standards board, provide guidance and oversight of distance education by:
(A)  Establishing, approving, facilitating and monitoring a state network of distance education courses that meet state standards for course content and delivery by Wyoming certified teachers;
(B)  Providing training and technical assistance to school districts for the delivery of distance education;
(C)  Monitoring the design, content, delivery and the accreditation of distance education programs provided by school districts under W.S. 2113330;
(D)  Establishing criteria and necessary components of individual student distance learning plans required by W.S. 2113330;
(E)  Implementing a comprehensive reporting process as necessary for federal and state funding requirements and establishing necessary data collection instruments and systems to monitor and improve distance education programs statewide.
(xxxii)  By rule and regulation, establish requirements for school district policies and training regarding the use of seclusion and restraint in schools as required under W.S. 213110(a)(xxxi). The state superintendent shall review the policy of each district for compliance with the requirements of W.S. 213110(a)(xxxi) and rules and regulations promulgated pursuant to this paragraph. If the state superintendent determines that the policy is not in compliance under this paragraph the superintendent shall direct the board of trustees to revise the policy and shall, upon request, assist the board in the adoption of the policy;
(xxxiii)  To assist local school districts in developing protocols under W.S. 213110(a)(xxxii) and in sufficient time to enable school districts to adopt and implement protocols commencing school year 20112012, develop model protocols for addressing risks associated with concussions and other head injuries resulting from athletic injuries. No district shall be required to adopt any part of the model protocols;
(xxxiv)  With the department of enterprise technology services, establish criteria for the collection, storage, management and reporting of department of education data related to teacher certification, statewide education accountability and assessment and the administration of the school finance system. In carrying out this paragraph, the director and the department of enterprise technology services shall develop a data security plan that includes:
(A)  Guidelines for authorizing access to student data, including authentication of authorized access;
(B)  Privacy compliance standards;
(C)  Privacy and security audits;
(D)  Breach planning, notification and procedures pertaining thereto;
(E)  Data retention and disposition policies;
(F)  Data security policies including electronic, physical and administrative safeguards such as data encryption and employee training;
(G)  Routine and ongoing compliance with the federal Family Educational Rights and Privacy Act (FERPA) and other privacy laws and policies;
(H)  Prohibition of the sale of student data to private entities or organizations; and
(J)  All personally identifiable student information being reported to the department of education or the department of enterprise technology by a student's Wyoming student record identification and locator number as issued by the department of education.
(xxxv)  Review and make available suitable materials for suicide prevention education as required for school district teachers and school administrators under W.S. 213110(a)(xxxiii);
(xxxvi)  Commencing school year 20152016, in conjunction with the school district accreditation process required under W.S. 212304(a)(ii) and as a component of the statewide education accountability system created under W.S. 212204, conduct a review of each school district's assessment system once every five (5) years to ensure alignment with the uniform state education standards promulgated by the state board, and to ensure district adherence to the uniform graduation standards prescribed by the state board under W.S. 212304(a)(iii). Reviews undertaken pursuant to this paragraph, together with findings, shall be reported to the state board and any deficiencies determined by the review shall be addressed through the statewide system of support established under W.S. 212204(f).
(b)  The state superintendent shall designate an employee of the department of education to serve as liaison to the state board through which requests for staff assistance shall be directed.
(c)  In addition to subsection (a) of this section, the state superintendent may take appropriate administrative action with the state board as necessary, including but not limited to the changing of accreditation status, against any school district or state institution failing to comply with any applicable law or with the uniform educational program standards specified under W.S. 219101 and 219102 and the student content and performance standards prescribed by the state board.
(d)  Any school district aggrieved by an act of the state superintendent may seek review in accordance with the Wyoming Administrative Procedure Act.
(e)  In addition to paragraph (a)(i) of this section, the state superintendent shall promulgate rules and regulations governing the administration of the Wyoming education resource block grant model adopted by the Wyoming legislature as defined under W.S. 2113309, and governing the operation of the model in determining school district foundation program payments in accordance with chapter 13, article 3 of this title and other applicable law. The block grant model, as defined under W.S. 2113101(a)(xiv) and as maintained under this subsection, shall be made available for public inspection by the state superintendent in electronic format. Copies of the block grant model spreadsheets as administered under department rule and regulation shall be provided to school districts by the state superintendent for district use in district budgeting and in complying with mandatory financial reporting requirements imposed under W.S. 2113307(b) and by other provisions of law. To maintain the integrity of the block grant model, copies of the model and model spreadsheets made available under this subsection for public inspection and school district use shall be by protected version only, prohibiting the editing of model components, model data and model formulas. Following adoption of any recalibration of or modification to the block grant model by the Wyoming legislature, and prior to computing the foundation program amount for each school district under W.S. 2113309(p) and determining the amount to be distributed to a district under W.S. 2113311 or recaptured from a district subject to W.S. 2113102(b), the state superintendent shall certify to the legislature that the block grant model as enacted by the legislature is properly incorporated into the administration of the model for the appropriate school year of model application and is made available for public inspection. Technical corrections to model spreadsheets necessary for model administration between any session of the legislature shall be implemented by the state superintendent, shall be in accordance with procedures specified by rule and regulation filed with the secretary of state, shall be reported to the legislature together with the associated fiscal and technical impact of the correction, and shall be incorporated into the electronic version of the model available for public inspection. As used in this subsection, "technical corrections to model spreadsheets" means corrections necessary to ensure model operation and current school year district payments are in accordance with law and the model is properly computing school foundation program payments to school districts as required by law. Notwithstanding W.S. 163114(c), no judicial review of rules promulgated and adopted under this subsection shall hold unlawful or set aside action of the state superintendent in promulgating or adopting rules unless the rules are by clear and convincing evidence, shown to exceed statutory authority.
(f)  Not later than October 15 each year, the state superintendent shall prepare a report on the general status of all public schools for the legislature. The report shall include the quality of education including any proposed improvement to address any shortfalls, the relevance of education, the measurement of achievement of educational goals, the improvement of learning and any suggested innovations in education. The state superintendent shall identify professional development needs for Wyoming schools and teachers based upon the analysis of the quality indicators specified under this subsection, establish a plan to address the professional development needs, contract with necessary expertise to provide professional development to Wyoming certified teachers and conduct up to five (5) regional workshops each year providing the identified professional development needs.
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