Wyoming

Wyoming law provides that not more than three charter schools shall be authorized by the state loan and investment board until the state superintendent of public instruction reviews the impacts and benefits of charter schools and provides a report to the joint education interim committee recommending that additional charter schools should be authorized under the process implemented in the law and the legislature acts to repeal the cap. The cap does not apply to charter schools authorized by school districts.

Wyoming law allows new start-ups and public school conversions.

Wyoming law allows local school boards and the state loan and investment board to authorize charter schools.
After a charter school authorized by the state loan and investment board has been in operation for one year or has been renewed by the state loan and investment board, the state loan and investment board may delegate to the school district where the charter school operates any of the functions of an authorizer provided that the charter school and the school district approve the delegation of functions and the charter school shall retain the right to seek renewal of the charter from the state loan and investment board.

Wyoming law requires each authorizer to report annually to the state board of education on each charter school operating under its authorization.
The ability of the state loan and investment board to continue authorizing can be removed by the Wyoming legislature and governor (the entities that gave it that authority).

Wyoming law does not include any of the model law's provisions for adequate authorizer funding.

Wyoming law sets forth minimum required elements for all charter applications and additional application requirements specific to conversion schools. If a school district denies an application to convert a school to a charter school, the applicant may appeal to the state loan and investment board. If the state loan and investment board approves the application, it shall be the authorizer of the charter school.
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:
• 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;
• 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
• 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.

In the case of a proposed charter public school from an applicant that currently operates one 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.

The law also requires the state superintendent to provide a uniform charter application “form” (that includes questions, guidelines, and evaluation criteria) that all districts and charter applicants must use.
The law requires a public hearing for any charter application and an in-person interview as part of the review process.

The law requires authorizers to make charter approval or denial decisions in a public meeting and state reasons for denial in writing.

Wyoming law provides that the charter contract shall be a written instrument which is a separate document from the charter application and shall be executed by an authorizer and a charter school.
The law requires the charter contract to define the academic, financial, and operational performance expectations by which the school will be judged.
The law also provides that initial charter contracts shall be granted for five years.

Wyoming law also requires each district authorizer to report annually to the state board of education on each charter school operating within the district. The law specifies that the report must include achievement data and fiscal reports in the format required by the state, charter compliance information, an annual accreditation report, and a list of any complaints received by or about the charter school and the resolution of those complaints. These reports are public.
Wyoming law requires charter applicants to explain in their application "the manner in which an annual audit of the financial and programmatic operations of each charter school … is to be conducted.”
The law provides that authorizers shall monitor charter schools approved by the authorizers.
The charter law itself also does not empower authorizers to take corrective actions short of revocation to enforce the charter contract. Absent waivers approved by the state, however, charter schools are subject to the same accreditation requirements and reporting as other public schools in the district. These requirements provide that the district is responsible for all corrective actions required for accreditation purposes, but accreditation is substantively different from charter performance accountability.

Wyoming law requires charter schools to submit a renewal application to their district authorizer in order to seek renewal, containing a report on the charter school’s academic performance progress and a financial statement in a format required by the state board of education. The law also requires the state superintendent to provide a uniform renewal application “form” (that includes questions, guidelines, and evaluation criteria) that all charter schools and authorizers must use.

According to Wyoming law, a charter may be revoked or not renewed by the district board if the board determines that the charter school did any of the following: committed a material violation of any of the conditions, standards or procedures set forth in the charter application; failed to meet or make reasonable progress toward achievement of the content standards or pupil performance standards identified in the charter application; failed to meet generally accepted standards of fiscal management; or violated any provision of law from which the charter school was not specifically exempted. The law also states that a charter shall not be renewed upon a determination by the district board that it is not in the interest of the pupils residing within the school district to continue the operation of the charter school.

The law allows a charter to be renewed for up to five-year terms. It permits a charter school and its authorizer to agree to extend the length of the charter beyond five years for the purpose of enhancing the terms of any lease or financial obligation.

The law does not require a public hearing or opportunity for a school to make its case prior to a revocation or non-renewal decision. However, if a school district denies renewal of a charter, the charter school board may appeal to the state loan and investment board for a de novo consideration of the renewal. The state loan and investment board shall consider the renewal and if the renewal is approved shall be the authorizer of the charter school.

The law requires authorizers to make renewal, non-renewal or revocation decisions in an open meeting and to state reasons for non-renewal or revocation in writing.

While the law does not require authorizers to have school closure protocols, it does provide that the contract between the charter school and the school district shall provide that upon closure of the charter school any charter school assets purchased with public funds shall become the property of the school district. It also provides that upon closure of the charter school, all charter school records shall be promptly delivered to the school district.

The law provides that 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 state loan and investment 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.

Wyoming law permits charter schools to contract with any third party for services. The law states that 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.
Wyoming regulations state that charter school contracts for services and property are subject to the same procedures and restrictions that apply to all public schools and school districts and the same competitive bidding laws that apply to districts.
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:
• 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;
• 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
• 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.

The law specifies that a charter school is a governmental entity and that its financial obligations shall not constitute debt or financial obligations of the school district unless the district board expressly assumes such obligations in writing.
Wyoming regulations permit charter schools to enter into contracts for services and property and state that charter schools shall have standing to sue and be sued in their own name for the enforcement of any contract.

The law provides that a charter school shall be administered and governed by a governing body in a manner agreed to by the charter school applicant and the authorizer. 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.

Wyoming law requires charter schools to provide open enrollment to any student in the state.
According to the law, 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, and enrollment decisions shall not discriminate against at-risk students or special program students.
The law states that a charter school specializing in at-risk or special education students may give a preference in enrollment to those students. It also states that a charter school sponsored jointly or separately by the Eastern Shoshone or the Northern Arapaho Indian Tribes my give preference to a student who is a member or eligible for membership in an Indian tribe.
If the number of applicants for enrollment exceeds the available seats, the charter school shall 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.

Instead of providing automatic exemptions for most state and district laws and regulations, Wyoming law provides that a charter school must request waivers of specified state regulations and school district policies.
The law states that charter schools are not exempt from: any civil rights, health or safety requirements applicable to other public schools in the state; 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; and the public records act and public meetings requirements applicable to public schools and school districts and any federal or state privacy laws applicable to public schools or school districts.

Wyoming law provides that charter schools are not exempt from teacher certification requirements.

In Wyoming, collective bargaining is permitted (but not required) for non-charter public school teachers. This bargaining is limited to wages, and terms and conditions of employment. State law is silent on all other commonly bargained items.Wyoming law provides that charter schools are exempt from district collective bargaining agreements.
Wyoming state law prohibited unions from charging agency fees to non-union members prior to the Janus v. AFSCME decision, so the Supreme Court’s decision has no effect on unions in the state.
Wyoming law protects the rights of public employees to organize but is generally silent on collective bargaining, except for language that identifies the exclusive agent for firefighters — suggesting that the absence of an exclusive representation provision for public school teachers is intentional. Generally, courts have held that in states without laws or without comprehensive laws, public employers have the authority to grant recognition to public sector unions and to enter into legally enforceable collective bargaining agreements covering employees.Wyoming law provides that charter schools are exempt from district collective bargaining agreements.

Wyoming law is silent regarding these arrangements.

Wyoming law is silent about charter eligibility and access.

Wyoming law provides that the local school district authorizer is the local education agency for special education purposes and responsible for providing and funding services to charter schools.

According to Wyoming law, as part of the charter school contract, the charter school and the school district shall agree on funding and any services to be provided by the school district to the charter school. The law provides that the charter school and the school district shall begin discussions on the contract using the following revenue assumptions:

* The charter school shall be entitled to the benefit of one hundred percent of the foundation program amount computed under state law based upon the average daily membership of the charter school, less certain amounts per state law.
* The charter school shall be entitled to the benefit of one hundred percent of the amount to be contributed to the school district under major maintenance payments pursuant to state law based upon the proportion that the charter school educational building gross square footage contributes to the district educational building gross square footage.

If a charter school or full-time virtual charter school authorized by the state loan and investment board and the school district where the charter school is located do not agree on funding pursuant to the relevant section of the charter school law, then funding for the charter school shall be calculated as provided as follows. Funding for the charter school shall be calculated as follows: (i) All funding for the school district under W.S. 21-13-309(m) that is attributable to the charter school shall be reduced to eighty percent of the amount that would otherwise have been calculated; (ii) All funding for the school district under W.S. 21-13-309(m) that is attributable to the full-time virtual charter school shall be reduced to sixty-five percent of the amount that would otherwise have been calculated; (iii) The charter school shall be entitled to funding as provided in subsection (c) of W.S. 21-2-314 from the reduced amount calculated under paragraph (i) or (ii) of this subsection. Nothing in the law shall be deemed to prohibit a charter school and the school district from negotiating an agreement for charter school students to receive services from the district.

Wyoming provides school maintenance funding to school districts at a rate based on the square footage of educational facilities. Wyoming law provides that a charter public school is entitled to a proportionate share of its district’s major maintenance funding (under the Wyoming School Facilities Commission’s Major Building and Facility Repair and Replacement Program) based upon the proportion that the charter school educational building gross square footage contributes to the district educational building gross square footage.

The law entitles charter schools to use available school district facilities free of rent, but it does not give charter schools a right of first refusal on available public school facilities. The law also provides that all other costs for the improvement, modification, operation, and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the district board.
According to the law, 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.
The law provides that any services for which a charter school contracts with a school district shall be provided by the district at cost.

Wyoming law requires charter schools to participate in the state retirement system.

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:
• Ensure adequate supports are available to the students in their homes or regions, including parent teacher conferences and interactions;
• Monitor student outcomes and administer state required assessments to all students in a proctored setting;
• Establish and implement legally permissible criteria and processes for enrollment based on the existence of supports needed for student success;
• Provide the desired enrollment level of the school for each year of the charter contract, not to exceed 250 students in any given year, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements;
• Provide a detailed budget for the school and propose a funding level per student for the school that is based upon that budget;
• 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;
• Provide that no more than twenty percent of its enrollment shall be from outside of the school district where the charter school is located without prior approval of the state loan and investment board.