Chapter 3 - School Districts In General
CHAPTER 3 - SCHOOL DISTRICTS IN GENERAL
ARTICLE 1 - IN GENERAL
21-3-101. School districts bodies corporate.
Eachschool district now or hereafter legally organized within this state shall be abody corporate.
21-3-102. Elementary school districts.
Every school district in the state offeringan educational program in grades kindergarten through eight (8) only is herebydeclared to be an elementary school district. The name of an elementary schooldistrict shall be in form as follows: "Elementary School District No....., in the County of ...., and State of Wyoming."
21-3-103. High school districts.
Everyschool district in the state offering an educational program in grades nine (9)through twelve (12) only is hereby declared to be a high school district. Thename of a high school district shall be in form as follows: ".... ....High School District, State of Wyoming."
21-3-104. Unified school districts.
Every school district in the state offeringan educational program in grades kindergarten through twelve (12) is herebydeclared to be a unified school district. The name of a unified schooldistrict shall be in form as follows: ".... County School District Number...., State of Wyoming."
21-3-105. Board of trustees to be governing body; quorum; majorityvote.
Theboard of trustees of a school district shall be the governing body of theschool district. A majority of the number of members of the board of trusteesshall constitute a quorum for the transaction of business at any meeting of theboard of trustees. No action of the board of trustees shall be valid unlesssuch action shall receive the approval of a majority of the members elected tothe board of trustees.
21-3-106. Oath of trustees.
Thetrustees of each school district shall, within ten (10) days after receivingnotification of their election or appointment and before assuming the duties oftheir offices, appear before some person qualified to administer oaths and takean oath for the faithful performance of their duties as required by law.
21-3-107. Trustees to serve without compensation; mileage.
Themembers of the boards of trustees of each school district shall serve withoutcompensation; provided, that the members may receive mileage to and from boardmeetings at a rate not to exceed the maximum allowed by law for stateemployees.
21-3-108. Filling vacancy on board of trustees.
Avacancy occurring for any cause upon the board of trustees of any schooldistrict shall be filled within thirty (30) days by action of the remainingmembers of the board. A person chosen to fill a vacancy shall serve until thenext election of school district trustees. An election shall then be held tofill the unexpired term.
21-3-109. When vacancy on board deemed to have occurred.
(a) A vacancy shall have occurred in the membership of anyboard of trustees of any school district if any member:
(i) Dies;
(ii) Resigns;
(iii) Becomes a nonresident of the school district; or
(iv) Becomes a nonresident of the trustee residence area fromwhich elected in those districts subdivided into trustee residence areas.
21-3-110. Duties of boards of trustees.
(a) The board of trustees in each school district shall:
(i) Prescribe and enforce rules, regulations and policies forits own government and for the government of the schools under its jurisdiction.Rules and regulations shall be consistent with the laws of the state and rulesand regulations of the state board and the state superintendent and shall beopen to public inspection;
(ii) Keep minutes of all meetings at which official action istaken and a record of all official acts including a record of all warrantsissued against the monies belonging to the school district. The minutes andrecords shall be public records. A list of each warrant over five hundreddollars ($500.00) shall be published one (1) time in a legal newspaper ofgeneral circulation within the respective county within thirty (30) days of thedate of the meeting. Individual yearly gross salary payments need be publishedonly once in March of each year:
(A) Each individual annual gross salary shall be identified bycategory and each individual salary shall be published as a gross dollar amountwithout identification other than by category. Categories shall includesuperintendent, assistant superintendent, high school principal, assistant highschool principal, junior high principal, junior high assistant principals,elementary principals, elementary assistant principals, first grade teachers,second grade teachers, third grade teachers, fourth grade teachers, fifth gradeteachers, sixth grade teachers, kindergarten teachers, high school departmentalteachers (business, language arts, foreign languages, science, social studies,mathematics, or other), vocal music, instrumental music, elementary music,secondary art, elementary art, secondary physical education, elementaryphysical education, vocational education, secondary guidance counselors,secondary librarians, elementary librarians, driver education, specialeducation teachers, remedial teachers, nurses, teacher's aides, head coaches,assistant coaches, dramatics, secondary secretarial, junior high secretarial,elementary secretarial, business managers, janitorial, bus drivers, and othercategories which may be selected so that every individual salary may becategorized. Each category shall show a cumulative subtotal and there shall bea grand total of all categories. At the end of the salary publication thereshall be printed the district salary schedule;
(B) Forms shall be furnished to the school districts by thestate department of education for such publications which shall be the same inall unified districts.
(iii) Elect from its membership at the first regular meetingafter December 1 of each year, a chairman, a vice-chairman, a clerk and atreasurer;
(iv) Fix the time and place of regular meetings; provided, thatthere shall be at least one (1) meeting per month. Any meeting which is not aregular meeting shall be a special meeting;
(v) Submit reports concerning finances or any other matter asthe state board, state superintendent or state law may require;
(vi) Estimate the amount of funds required to be raised forpublic school purposes through a tax levy upon the property lying within thedistrict and in accordance with the Uniform Municipal Fiscal Procedures Actpresent to the board of county commissioners of each county included in wholeor in part within the district a certified copy of the budget as finallyadopted with a certified estimate of the tax required to raise the appropriateamount. This tax shall be levied, collected and distributed as prescribed bylaw;
(vii) Control and disburse all moneys received from any source tomaintain the schools within the district;
(viii) Obtain competitive bids when any school building is to bebuilt, when any repairs, additions or improvements costing more than tenthousand dollars ($10,000.00) and less than twenty-five thousand dollars($25,000.00) are to be made to any school building, facility or other districtproperty, or when any purchase of insurance, supplies or materials other thantextbooks costing more than ten thousand dollars ($10,000.00) and less thantwenty-five thousand dollars ($25,000.00) is contemplated unless precluded byother regulation or statute. If the amount exceeds twenty-five thousand dollars($25,000.00), a call for bids shall be published at least once in a newspaperof general circulation in the district. The district shall reserve the right toreject any and all bids and to waive irregularities and informalities in thebidding. No contract shall be divided for the purpose of avoiding thisparagraph. Items for which bids must be obtained may be described in thepublished call for bids by stating general requirements and making detailedspecifications available to prospective bidders at the district'sadministrative headquarters;
(ix) Require the treasurer of the board of trustees and theschool district superintendent to give such bond in such penalty and with suchsureties as the board may direct, conditioned upon the faithful application ofall moneys and property which may come into his hands by virtue of his office. The bond shall not exceed one and one fourth of the amount of all school moneyshandled by such officer in any one (1) year. Such bonds after being approved bythe board and by an attorney selected by the board as to form and executionshall be filed with the county treasurer and no disbursements shall be madeuntil such bonds shall have been approved and filed as required by thissection. In case of breach of conditions of such bonds, suit shall be broughtthereon by the board for the benefit of the district;
(x) Subject to review by the school facilities commission underW.S. 21-15-115 for any project involving state capital construction assistance,fix the site of each school building and facility considering the needs of thepeople of each portion of the district. If the district enters into anagreement to lease buildings and facilities owned by the district and thebuildings and facilities are included within the statewide database maintainedby the school facilities commission under W.S. 21-15-114(a)(vi), the districtshall, except as provided under W.S. 21-15-109(c)(i)(A)(II) and (III) and (B),ensure the lease agreement requires sufficient payment from the lessee to coverexpenses necessary to adequately maintain the facility or building inaccordance with statewide adequacy standards prescribed by the commission. Ifthe district enters into an agreement to lease buildings and facilities underwhich the district is the lessee and the building is to be used for theprovision of the required educational program within the district, the leaseagreement shall require the lessor to adequately maintain the buildings andfacilities in accordance with standards prescribed by the commission. Ifapproved by the commission, the district shall be reimbursed for the leasepayment if the square footage of the leased facility is not included within thedistrict's total square footage for purposes of major maintenance computationsunder W.S. 21-15-109, subject to the following:
(A) If the lease payment is for educational facilities used inthe actual operation of a charter school, the commission shall pay the districtan amount approved by the commission for the lease payment by the charterschool if:
(I) The charter is approved by the district under W.S. 21-3-301through 21-3-314;
(II) The commission determines no adequate educationalfacilities exist within the district for operation of the charter school;
(III) The charter school has been approved and has successfullyoperated for a period of not less than three (3) years; and
(IV) The district pays the charter school the amount of thereimbursement received under this subparagraph.
(B) If the lease payment is for facilities leased to thedistrict by a state institution which meets state adequacy standards prescribedby rule and regulation of the commission, the amount of the lease reimbursementpaid by the commission shall not include the amount received by the institutionfrom the state for major building and facility repair and replacement costsattributable to the facility, as computed by the construction managementsection within the general services division of the department ofadministration and information.
(xi) Adopt and use an official seal when required toauthenticate official acts;
(xii) Cause the United States and Wyoming flags to be properlydisplayed in, upon, or around school buildings within the district;
(xiii) Consider every petition presented to the board andsubscribed by at least five (5) citizens of the school district and take someaction on such petition within thirty (30) days after it is received; provided,that no action shall be required if the precise question presented by thepetition has been considered and acted upon by the board of trustees at anymeeting held within the current fiscal year;
(xiv) Require an accounting of all receipts and expenditures tobe made by each organization, function, or other group sponsored by, orfunctioning in any way within the schools of the district, such accounting tobe made by each such organization, function, or group at least once each yearand a copy thereof posted in each school building connected with suchorganization, function, or group;
(xv) Provide an educational program within the schools under itsjurisdiction in compliance with uniform state standards prescribed under W.S.21-9-101 and 21-9-102 and by rule and regulation of the state board;
(xvi)(A) Publish the following notice in a newspaper of generalcirculation in the school district at least two (2) times each year, oncewithin a week after the first regular meeting in December and once as a part ofthe statement of revenue and expenditures of the district:
Noticeof School Board Meetings and Availability of Minutes
Noticeis hereby given that regular meetings of the board of trustees of .... CountySchool District Number ...., State of Wyoming, are held each month, at ....o'clock on .... (here insert days or dates) in Room .... of the .... schoolbuilding in .... (city or town), Wyoming, and such meetings are open to thepublic.
Noticeis also given that official minutes of each regular or special meeting of suchboard, including a record of all official acts and of all warrants issued, areavailable for inspection by any citizen during regular office hours at theoffice of the clerk of said district, at .... (here insert address of office).
...........................
Chairman, Board of Trustees
............. County School
District, Number ..........
(B) If the board changes the time and place of its regularmeetings, then such notice shall also be published in a newspaper of generalcirculation in the school district, once before such change shall becomeeffective;
(C) All meetings of the board are subject to W.S. 16-4-401through 16-4-408.
(xvii) Require the performance of each initial contract teacher tobe evaluated in writing at least twice annually. The teacher shall receive acopy of each evaluation of his performance;
(xviii) Establish a teacher performance evaluation system andrequire the performance of each continuing contract teacher to be evaluated inwriting at least once each year. The teacher shall receive a copy of eachevaluation of his performance;
(xix) Performance evaluations required shall serve as a basis forimprovement of instruction, enhancement of curriculum program implementation,measurement of both individual teacher performance and professional growth anddevelopment and the performance level of all teachers within the schooldistrict, and as documentation for unsatisfactory performance for dismissal andtermination proceedings;
(xx) Establish and maintain kindergartens in connection with thepublic schools of the district with at least one (1) full-day kindergartenprogram available within the district;
(xxi) Report to the state department of education the actualaverage class size and range of class sizes for grades kindergarten throughfive (5) and for reading or English and language arts and mathematics classesfor grades six (6) through twelve (12). These reports shall be publiclyavailable;
(xxii) In accordance with guidelines established by the statesuperintendent under W.S. 21-2-202(a)(xxii), implement standards for thestorage and disposal of toxic chemicals and other hazardous substances used byschools within the district for educational programs;
(xxiii) Implement and administer the reading screening program forstudents in grades one (1) and two (2) as required by W.S. 21-3-401;
(xxiv) Establish a student assessment system to measure studentperformance relative to the uniform student content and performance standardsin all content areas for which the state board has promulgated standards pursuantto W.S. 21-2-304(a)(iii). To the extent required by the state board under W.S.21-2-304(a)(v) and (vi), the district assessment system shall be integratedwith the statewide assessment system and the statewide accountability system. Acomponent of the district assessment system required by this paragraph shallinclude a body of evidence assessment system designed and used to determine thevarious levels of student performance as described in the uniform studentcontent and performance standards relative to the common core of knowledge andskills prescribed under W.S. 21-9-101(b);
(xxv) At minimum, provide the three (3) endorsements on highschool transcripts specified under W.S. 21-2-304(a)(iv) and may provideadditional endorsements;
(xxvi) Provide access to district records and other information bythe department of audit as necessary to conduct audits and studies under W.S.9-1-513 and otherwise cooperate with the department of audit when conductingaudits and studies of the district pursuant to W.S. 9-1-513. The board shallalso submit a written response to the department of audit on each audit andreport conducted on the district in accordance with W.S. 9-1-513;
(xxvii) Cooperate with the school facilities commission indeveloping facility plans for the district addressing district-wide buildingand facility needs in accordance with W.S. 21-15-116 and rule and regulation ofthe commission;
(xxviii) Annually report to the state superintendent on districtexpenditures for vocational education programs, broken down by school, andsubmitted in a manner and form required by rule and regulation of the statesuperintendent;
(xxix) Beginning in the spring semester 2007, and each springsemester thereafter, administer a program where all students enrolled in theeleventh grade in the district shall be required to take, on a date specifiedby the state superintendent, either a standardized, curriculum based,achievement college entrance examination or a jobs skills assessment test inaccordance with W.S. 21-2-202(a)(xxx). Each school district shall provide theopportunity for all home school and private school students in the eleventhgrade and residing within the district to take either the examination or thejobs skills assessment test one (1) time at no cost to the student on the samedate the examination and test are administered to all eleventh grade publicschool students in the state. The results of the examination or jobs skillsassessment test taken shall be included in each student's transcript.
21-3-111. Powers of boards of trustees.
(a) The board of trustees in each school district within thestate may:
(i) Sue and be sued in the name by which the district isdesignated;
(ii) Acquire, hold, convey, lease, rent, and manage property,real and personal, for the benefit of the school district in the name by whichthe district is designated, either alone or jointly with another public orprivate agency, institution, person, or corporation. This includes capitalleasing under W.S. 21-15-112;
(iii) Enter into agreements with any public or private agency,institution, person, or corporation for the performance of acts or furnishingof services or facilities by or for the school district;
(iv) Employ legal counsel and bear the cost of litigation;
(v) Accept or reject any federal or other gift, grant, bequest,or devise;
(vi) Employ and determine the salaries and duties of:
(A) A superintendent of schools who shall be the chiefadministrative officer of the district;
(B) Principals who shall assume the administrativeresponsibility and instructional leadership of any schools to which they areassigned in accordance with policies adopted by the board of trustees, providedthat in the event a superintendent of schools shall request recommendationsfrom a principal concerning the suspension, dismissal, assignment, transfer ortermination of any teacher employed in the school to which the principal isassigned, such recommendation shall be given only after periodic evaluation ofthe teacher's classroom performance;
(C) Teachers who shall provide the expertise in their areas ofinstruction;
(D) Other certified professional employees; and
(E) Other personnel.
(vii) Discharge any employee subject to the provisions of anyapplicable law governing the procedure for terminating the employment of schooldistrict employees;
(viii) Insure against loss of property;
(ix) Repealed By Laws 1997 Special Session, ch. 3, 502.
(x) Become members of county, state, and national school boardassociations and pay dues to such associations. A board of trustees may at itsdiscretion pay necessary travel expenses and per diem of members and personnelattending meetings of such associations at a rate not to exceed that paid stateemployees;
(xi) Provide for the operation of school lunch programs inschools under its jurisdiction;
(xii) Require any officer or employee whose duty it is to handlefunds or property of the district, including activity accounts, to be bondedunder a suitable individual or blanket bond indemnifying the district againstloss. The board shall determine the amount and type of the bond;
(xiii) Acquire for the school district, by condemnation, the feesimple title to any real estate situated within the district as a site for anypublic school buildings or school grounds or for any other necessary orbeneficial school purpose, or any lesser interest, including easements andrights-of-way, when necessary in the proper maintenance and operation of theschool system;
(xiv) Subject to W.S. 21-6-217(b), convey, with or withoutconsideration, title to real property which is not being used and will not beused by the district to the state or its political subdivisions for public use;
(xv) Convey or otherwise divest, with or without consideration,title to personal property which is not being used and will not be used by thedistrict to the extent not prohibited by Article 16, Section 6, WyomingConstitution;
(xvi) Define "unexcused absence" and "habitualtruancy" for all students who are attending public schools and who havemet compulsory attendance requirements, and establish rules and regulationsregarding their attendance. For purposes of this paragraph, studentsparticipating in the annual state fair held under W.S. 11-10-101 as anexhibitor shall be considered as participating in a district cocurricularactivity program and shall be defined by the board as an excused absence;
(xvii) Establish a school bus driver training program inaccordance with W.S. 21-3-131(a);
(xviii) Establish and maintain a program of adult education;
(xix) Develop policies and pest control methods includingemergency policies, to minimize risk to students and employees, school propertyand the environment;
(xx) Enter into school building construction and renovationproject agreements with the school facilities commission as authorized underW.S. 21-15-114(a)(viii).
(b) Not later than January 1, 1998, the board of trustees ofeach school district that has established trustee residence areas before thatdate shall:
(i) Establish by resolution that all trustees shall be electedat-large from the entire district; or
(ii) Establish by resolution a structure for electing members tothe board through trustee residence areas with not less than two (2) members ofthe board elected at-large from the entire district. If the board establishestrustee residence areas under this paragraph, one (1) or more members shall beelected from each area. The boundaries of the trustee residence areas shall beestablished so that the total deviation in the population between the areaswith the greatest and least population shall not, to the extent practicable,exceed ten percent (10%). Data from the last federal census shall be used indetermining population within an area for the purpose of implementing thisparagraph. The resolution shall include a process for implementing this changeso that all elected trustees may serve their full term but that any vacancyshall be filled so as to implement the change as soon as practicable.
(c) Not later than January 1 of any year in which a generalelection will be held, the board of trustees of any school district may electto adopt a resolution under paragraph (b)(i) of this section to have alltrustees elected at-large. A board of trustees for a district in which allmembers are elected at-large may adopt a resolution to establish trusteeresidence areas under paragraph (b)(ii) of this section only as of January 1 ofthe first year which follows a decennial federal census and in which a generalelection will be held.
21-3-112. Fiscal year.
Thefiscal year for each school district in the state shall begin July 1 andterminate the following year on June 30.
21-3-113. Signing of warrants and checks.
(a) All warrants or other orders to pay money drawn on theschool district treasury, and all checks on a depository, shall bear thesignature of the clerk or treasurer and the chairman of the board of trustees. The signatures may be reproduced as provided in W.S. 16-2-101 through 16-2-103.
(b) All warrants or other orders to pay money drawn on activityor special funds shall be signed and administered in the manner provided insubsection (a) above, and in accordance with the written policy of the board oftrustees. Activity or special funds shall be subject to supervision andexamination by the director of the state department of audit.
21-3-114. Chairman of board of trustees.
Thechairman of the board of trustees of each school district shall preside at allmeetings of the board of trustees at which he is present.
21-3-115. Vice-chairman and temporary chairman of board of trustees.
Thevice-chairman shall preside at all meetings of the board of trustees at whichthe chairman is not present. If neither the chairman nor the vice-chairman ispresent at any meeting of the board of trustees, the members who are presentshall elect a temporary chairman for the purposes of the meeting.
21-3-116. Vacancy in office of board.
Ifa vacancy in any office of the board of trustees shall occur for any reason theboard of trustees shall elect one of their number to fill the vacancy.
21-3-117. Duties of clerk of school district.
(a) The clerk of each school district within the state shall:
(i) Within thirty (30) working days after the close of eachfiscal year, submit all fiscal reports to the state superintendent of publicinstruction for the past fiscal year. The reports shall contain informationrequired by the state superintendent. A copy of the reports shall also be filedwith the county clerk of each county in which the school district is located;
(ii) Cause to be filed copies of all reports made to the statesuperintendent and all papers transmitted to him by school officers or otherpersons pertaining to the business of the district. After two (2) years haveelapsed from the date of filing, microfilm copies may be treated as originals;
(iii) Cause a certificate to be endorsed upon every bond orevidence of debt, issued pursuant to law, that the same is within the lawfuldebt limit of such school district and is issued according to law;
(iv) Record all proceedings of the board in books to be kept forthat purpose.
21-3-118. Duties of treasurer of school district.
(a) The treasurer of each school district within the stateshall:
(i) Have custody of all moneys belonging to the district andpay out the same on order of the clerk, countersigned by the chairman;
(ii) Cause an account to be kept of the receipts andexpenditures of the district;
(iii) Render a statement of the finances of the district at anytime when required by the district board of trustees; and cause a detailedreport showing the sources of revenue and the purposes for which moneys wereexpended to be published at the close of each fiscal year in some newspaper ofgeneral circulation within the school district.
21-3-119. How special meetings of board of trustees called.
Theclerk of the board of trustees of each school district shall call a specialmeeting of the board of trustees upon the request of the chairman of the boardof trustees or the request of any two (2) members of the board of trustees.
21-3-120. Notice of special or emergency meetings.
(a) The clerk of the board of trustees of each school districtshall cause notice of each special or emergency meeting of the board oftrustees to be given in accordance with W.S. 16-4-404.
(b) The notice shall contain the purpose, time and place of themeeting, and a statement that the official minutes of such meeting will beavailable for inspection by any citizen at the office of the clerk of saiddistrict.
21-3-121. Members of board of trustees to deliver records tosuccessors.
Atthe close of their official terms, the officers of the board of trustees ofeach school district shall deliver to their successors all books, documents,papers, and records belonging to their offices.
21-3-122. Members of board of trustees may administer oaths.
Eachmember of the board of trustees of each school district may administer oathswithin his respective school district in all matters pertaining to officialschool district business.
21-3-123. Repealed by Laws 1979, ch. 83, 2.
21-3-124. Failure to perform duty by officer or member of board oftrustees.
Anymember or officer of a board of trustees of a school district who willfullyfails, refuses, or neglects to perform any duty imposed upon him by theprovisions of this code shall be guilty of a misdemeanor, and shall be punishedby a fine of not more than one hundred dollars ($100.00) or by imprisonment inthe county jail for a period of not more than thirty (30) days or by both suchfine and imprisonment.
21-3-125. Application of Municipal Budget Act.
TheMunicipal Budget Act applies to every school district within the state.
21-3-126. Liability insurance on vehicles.
Theboard of trustees of any school district in the state of Wyoming or the ownerof any vehicle contracted to the school district under the statutes of thisstate is hereby required to procure liability insurance covering any vehicleused for the transportation of school children or used in the operation of theschool district. When private vehicles are contracted to the school district,the contract shall not be fully executed until the owner of the vehicle hasfiled with the school district the required insurance policy. The defense ofgovernmental immunity is expressly waived in any action to the extent of anyinsurance coverage of the district involving such an insured vehicle.
21-3-127. Accident insurance for pupils; fund in lieu of suchinsurance.
Theboard of trustees of any school district may arrange to make accident insurancefor medical, hospital, injury, or death benefits available to any or allpupils. The cost of such insurance may be paid from the funds of the district,or by the parent or guardian of the pupil, or on a proportionate basis betweenthe district and the parent or guardian of the pupil. In lieu of suchinsurance, the board of trustees of such a district either separately or inconjunction with other boards of trustees of one or more such districts of thestate may establish and maintain a fund sufficient to defray the medical,hospital, or other expenses resulting from injuries suffered by such pupils. Thissection shall not be construed as creating or tending to create a liability ofthe school district so insuring its pupils; nor shall the failure to procuresuch accident insurance as is authorized by this section be construed ascreating any liability of the school district.
21-3-128. Protection or insurance of board members, teachers and otherpersonnel against personal liability.
Theboard of trustees of each school district within the state may save harmlessand protect all board members, teachers, and other personnel from financialloss arising out of any claim, demand, suit, or judgment by reason of allegednegligence or other act resulting in accidental bodily injury or death to anyperson within or without the school building; provided, such board member,teacher, or other personnel at the time of the accident was acting in thedischarge of his duties within the scope of his employment. Each board oftrustees may procure appropriate policies of insurance to maintain thisprotection, or it may elect in its discretion to act as a self-insurer. Thissection shall not be construed as creating or tending to create a liability ofthe school district so protecting or insuring board members, teachers, or otherpersonnel, nor shall the failure to procure such insurance as is authorized bythis section be construed as creating any liability of the school district.
21-3-129. Comprehensive liability insurance; waiver of governmentalimmunity.
(a) The board of trustees of each school district within thestate may procure a policy or policies of comprehensive liability insurance asprovided in W.S. 1-39-118(b), self-insure as provided in W.S. 1-39-118(c)(i) orjoin with other school districts as provided in W.S. 1-39-118(c)(ii).
(b) Repealed By Laws 2008, Ch. 50, 2.
(c) Repealed By Laws 2008, Ch. 50, 2.
21-3-130. From whom insurance obtained.
Noschool district shall obtain, sponsor, arrange, or handle insurance of any kindexcept from the companies which maintain an office in this state and areauthorized to do business in Wyoming subject to the supervision of the stateinsurance commissioner.
21-3-131. School bus standards; operators; vehicle operation;liability limited.
(a) Each district shall establish and maintain minimumstandards for persons involved in the operation of school buses, including:
(i) Developing a written plan for the selection, training andsupervision of persons whose duties involve the transporting of pupils;
(ii) Requiring each applicant for a position which dutiesinvolve the transporting of pupils to complete and submit an application formthat includes a personal and occupational history;
(iii) Completing a check of the successful applicant's drivingrecord;
(iv) Ensuring the successful applicant has on file with thedistrict a copy of the medical examiner's certificate required by the UnitedStates department of transportation, federal motor carrier safety regulations,49 C.F.R. Part 391.41;
(v) Requiring annual training consisting of not less than six(6) hours for persons whose duties involve the operation of school buses.
(b) Each district shall establish and maintain minimumstandards for the operation of school buses, including:
(i) All school buses shall undergo a safety inspection not lessthan two (2) times each school year, with one (1) inspection conducted by aperson not employed by the school district. A copy of the inspection reportsshall be filed with the local school district;
(ii) School bus operators shall perform a daily pre-tripinspection of their vehicles and report promptly any defect or deficiencydiscovered that may affect the safety of the vehicle's operation or result inits mechanical breakdown. Documentation of the inspections shall be submittedweekly and retained on file with the school district for a period of one (1)year;
(iii) Operators of school buses equipped with lap belts shallwear a properly secured lap belt at all times the vehicle is in motion;
(iv) Passengers in type A school buses equipped with factoryinstalled lap belts shall wear a properly secured lap belt at all times thevehicle is in motion;
(v) At least twice during each school year the driver of eachschool bus shall hold an emergency evacuation drill. Proper documentation foreach drill shall be maintained on file with the school district;
(vi) School bus routing and seating plans shall be coordinatedto eliminate standing passengers or exceeding the manufacturer's ratingcapacity for the school bus;
(vii) School buses shall operate with lighted headlamps at alltimes the vehicle is in motion;
(viii) The service door of the school bus shall remain closed atall times the vehicle is in motion;
(ix) Any accident involving a school bus which is required to bereported under W.S. 31-5-1106 shall also be reported to the state department ofeducation on forms approved by the department.
(c) Evidence of a person's failure to wear a lap or seat belton a school bus if required under state or federal law or the failure of a schoolbus driver to require a passenger to wear a lap or seat belt as required underW.S. 31-5-1402(a), shall not be admissible in any civil action or for thepurposes of W.S. 31-5-1402(a).
ARTICLE 2 - CHARTER SCHOOLS
21-3-201. Repealed By Laws 2001, Ch. 207, 3.
21-3-202. Repealed By Laws 2001, Ch. 207, 3.
21-3-203. Repealed By Laws 2001, Ch. 207, 3.
21-3-204. Repealed By Laws 2001, Ch. 207, 3.
21-3-205. Repealed By Laws 2001, Ch. 207, 3.
21-3-206. Repealed By Laws 2001, Ch. 207, 3.
21-3-207. Repealed By Laws 2001, Ch. 207, 3.
ARTICLE 3 - CHARTER SCHOOLS
21-3-301. Purpose.
(a) It is the purpose of this article to provide opportunitiesfor teachers, parents, pupils and community members to establish and maintainschools that operate independently from the existing school district structureas a method to:
(i) Improve pupil learning;
(ii) Increase learning opportunities for all pupils, withspecial emphasis on expanded learning experiences;
(iii) Encourage the use of different and innovative teachingmethods;
(iv) Create new professional opportunities for teachers,including the opportunity to be responsible for the learning program at theschool site; and
(v) Provide parents and pupils with expanded choices in thetypes of educational opportunities that are available within the public schoolsystem.
21-3-302. Definitions.
(a) As used in this article:
(i) "A charter school within a school" means acharter school operating within a facility or portion of a facility currentlyoperated by the district as a public school or operated as an adjunct to apublic school or schools with students attending both the charter school andthe public school;
(ii) "A converted charter school" means a charterschool converted from an existing public school operating within the district;
(iii) "District board" means the board of trustees of aschool district elected as the governing body of the school district;
(iv) "New charter school" means a charter schoolestablished within the district which is located in a facility or a portion ofa facility which is not currently being operated by the district as a publicschool;
(v) "School district" means each school district nowor hereafter legally organized as a body corporate pursuant to W.S. 21-3-101,et seq.;
(vi) "State board" means the state board of educationappointed pursuant to W.S. 21-2-301.
21-3-303. Charter school prohibitions.
(a) This article shall not prohibit any private person ororganization from funding or providing other assistance for the establishmentor operation of a charter school established pursuant to this article when thedistrict board determines the funding or assistance is compatible with themission of the district.
(b) No charter shall be granted under this article if it isdetermined that its sole purpose is to avoid consolidation or closure of anyschool or district. For purposes of this subsection, consolidation or closureapplies regardless of grade configuration, building location or school ordistrict name.
(c) No charter application shall be considered from any person,group or organization proposing to convert a private school or a nonpublichome-based educational program into a charter school.
(d) No charter school shall enter into a contract with anindependent management company without the prior written consent of thedistrict board. The school district shall be a third party beneficiary to anymanagement contract approved by the district board.
(e) For applications filed on and after July 1, 2007, a charterapplication shall not be considered from any person, group or organization thathas previously filed a charter application within a twelve (12) month periodand the application was subsequently denied. Computation of the twelve (12)month period under this subsection shall begin on the date the deniedapplication was filed with the district board.
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 schooldistrict. Tuition shall not be charged by a charter school.
(b) A charter school shall be a public school within the schooldistrict that grants its charter and shall be accountable to the district boardfor purposes of ensuring compliance with applicable laws and charter provisionsand the requirements of the state constitution.
(c) A charter school shall be subject to all federal and statelaws and constitutional provisions prohibiting discrimination on the basis ofdisability, race, creed, color, gender, national origin, religion, ancestry orneed for special education services. Enrollment decisions shall be made in anondiscriminatory manner specified by the charter school applicant in thecharter school application. Enrollment decisions shall not discriminateagainst at-risk students or special program students.
(d) A charter school shall be administered and governed by agoverning body in a manner agreed to by the charter school applicant and theschool district. A charter school may organize as a nonprofit corporationpursuant to the Wyoming Nonprofit Corporation Act, which shall not affect itsstatus as a public school for any purposes under Wyoming law.
(e) A charter school, as a public school, is a governmentalentity. Direct leases and financial obligations of a charter school shall notconstitute debt or financial obligations of the school district unless thedistrict board expressly assumes such obligations in writing.
(f) Notwithstanding the provisions of this article to thecontrary, a charter school and the school district may agree to extend thelength of the charter beyond five (5) years for the purpose of enhancing theterms of any lease or financial obligation.
(g) Pursuant to contract, a charter school may operate freefrom specified school district policies and state regulations. Pursuant tocontract, a school district may waive locally imposed school districtrequirements, without seeking approval of the state board. The state board maywaive state statutory requirements or rules promulgated by the state board,except that the state board shall not waive any statute or rule relating to theassessments or standards required to be administered. Upon request of the charterapplicant, the state board shall provide summaries of such regulations andpolicies to use in preparing a charter school application. The department ofeducation shall prepare the summary of state regulations within existingappropriations. Any waiver of state or local school district regulations madepursuant to this subsection shall be for the term of the charter for which thewaiver is made, except that a waiver of state statutes or regulations by thestate board shall be subject to review every two (2) years and may be revokedif the waiver is deemed no longer necessary by the state board.
(h) A charter school shall be responsible for its own operationincluding, but not limited to, preparation of a budget, contracting forservices and personnel matters.
(j) A charter school may negotiate and contract with a schooldistrict, the governing body of a state college or university, or any thirdparty for the use of a school building and grounds, the operation andmaintenance thereof, and the provision of any service, activity or undertakingthat the charter school is required to perform in order to carry out theeducational program described in its charter. Any services for which a charterschool contracts with a school district shall be provided by the district atcost. The charter school shall have standing to sue and be sued in its own namefor the enforcement of any contract created pursuant to this subsection.
(k) A charter school shall not be required to pay rent forspace which is deemed available, as negotiated by contract, in school districtfacilities. All other costs for the improvement, modification, operation andmaintenance of the facilities used by the charter school shall be subject tonegotiation between the charter school and the district board.
(m) A charter school shall be authorized to offer anyeducational program that may be offered by a school district unless expresslyprohibited by its charter or by state law.
(n) All decisions regarding the planning, siting and inspectionof charter school facilities shall be made in accordance with law and asspecified by contract with the district board.
(o) The school district shall be the owner of all records ofthe charter school, including student, staff and public affairs records ofcharter school operations. Upon closure of the charter school, all charterschool records shall be promptly delivered to the school district.
(p) Admission to a charter school shall not be determinedsolely on academic abilities or achievements, including minimum test scores orintelligence quotient scores.
21-3-305. Charter schools; contract contents; regulations.
(a) An approved charter application shall serve as the basisfor a contract between the charter school and the school district.
(b) The contract between the charter school and the schooldistrict shall reflect all agreements regarding the release of the charterschool from school district policies.
(c) The contract between the charter school and the schooldistrict shall reflect all approved requests for release of the charter schoolfrom state statutes and regulations. Within ten (10) days after the contract isapproved by the school district, any request for release from state statutesand regulations shall be delivered by the school district to the state board.Within forty-five (45) days after a request for release is received by thestate board, the state board shall either grant or deny the request. If thestate board grants the request, it may orally notify the school district andthe charter school of its decision. If the state board denies the request, itshall notify the school district and the charter school in writing that therequest is denied and specify the reasons for denial. If the school districtand the charter school do not receive notice of the state board's decisionwithin forty-five (45) days after submittal of the request for release, therequest shall be deemed granted. If the state board denies a request forrelease that includes multiple state statutes or regulations, the denial shallspecify the state statutes and regulations for which the release is denied, andthe denial shall apply only to those state statutes and regulations sospecified.
(d) A material revision of the terms of the contract shall be madeonly with the approval of the school district and the governing body of thecharter school.
(e) The contract between the charter school and the schooldistrict shall provide that upon closure of the charter school any charterschool assets purchased with public funds shall become the property of theschool district.
21-3-306. Application for establishing charter schools; conversion ofexisting schools.
(a) Any person may apply to the district board for theestablishment of a new charter school or a charter school within a school to belocated within the school district.
(b) Administrators and teachers employed by the district,parents of students enrolled in the district and any special district advisorygroup comprised of district residents may apply to the district board toconvert an existing public school operating within the school district to acharter school. An application filed under this subsection shall demonstratethe support of not less than fifty percent (50%) of the teachers employed bythe school who teach at the school proposed to be converted, and the parents offifty percent (50%) of all students attending the school proposed to beconverted.
(c) Instead of establishing a new charter school or a convertedcharter school under this section, a district board and a charter schoolapplicant may by mutual agreement establish a charter school within a school. Acharter school operated under this subsection is a separate school and shallhave the rights and obligations provided under this article for new andconverted charter schools. The agreement between the school board and thecharter school may provide that faculty and staff at the charter school maywork in both the charter school established under this subsection and other districtschools. If district students attend both the charter school established underthis subsection and another district school, the students shall be counted foreach school in proportion to the percentage of their time spent in each school.
21-3-307. Charter application; contents; phased-in applicationprocess.
(a) The charter school application shall be a proposedagreement 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 itmeans to be an educated person in the twenty-first century and how learningbest occurs. The goals identified in that program shall include the objectiveof enabling pupils to become self-motivated, competent and lifelong learners;
(ii) The measurable pupil outcomes identified for use by thecharter school. "Pupil outcomes" for purposes of this paragraph meansthe extent to which all pupils of the school demonstrate they have attained theskills 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 pupiloutcomes is to be measured;
(iv) The governance structure of the school, including but notlimited to the process to be followed by the school to ensure parental, teacherand community involvement;
(v) The qualifications to be met by individuals to be employedby the school;
(vi) The procedure that the school will follow to ensure thehealth and safety of pupils and staff;
(vii) Admission requirements, if applicable;
(viii) The manner in which an annual audit of the financial andprogrammatic operations of the school, including any services provided by theschool district, 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 staffmembers of the charter schools will be covered under the Wyoming retirementsystem and federal social security;
(xi) A description of the rights of any employee of the schooldistrict upon leaving the employment of the school district to work in acharter school and of any rights upon returning to the school district afteremployment at a charter school;
(xii) Minimum enrollment requirements;
(xiii) Evidence that an adequate number of parents, teachers,pupils or any combination thereof support the formation of a charter school;
(xiv) Evidence that the plan for the charter school iseconomically sound for both the charter school and the school district;
(xv) A proposed budget for the term of the charter;
(xvi) A plan for the displacement of pupils, teachers and otheremployees who will not attend or be employed in the charter school;
(xvii) An explanation of the relationship that will exist betweenthe proposed charter school and its employees, including evidence that theterms and conditions of employment have been addressed with affected employeesand their recognized representative, if any;
(xviii) The employment policies of the proposed charter school;
(xix) An agreement between the parties regarding their respectivelegal liability and applicable insurance coverage;
(xx) A description of how the charter school plans to meet thetransportation needs of its pupils and whether the charter school plans toprovide transportation for pupils;
(xxi) In accordance with this article, a description of therights of any employee of the school district upon commencing employment in acharter school; and
(xxii) A financial feasibility statement providing evidence ofcharter school viability following the first three (3) years of charter schooloperation.
(b) Upon submission of an application under W.S. 21-3-307(a),the superintendent of the school district shall notify the applicant withinthirty (30) days of submission whether the application is complete. If thedistrict superintendent determines that the application is incomplete, thesuperintendent shall advise the applicant of the reasons for the determinationin sufficient detail for the applicant to make changes for resubmission of theapplication to the district superintendent.
(c) The district superintendent's determination that anapplication i