WY Stat § 21-3-307 (2021)
2021 Wyoming Statutes|Title 21 - Education|Chapter 3 - School Districts in General|Article 3 - Charter Schools|Section 21-3-307 - Charter Application; Contents; Phased-in Application Process.

21-3-307. Charter application; contents; phased-in application process.| (a) The charter school application shall be a proposed agreement, shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include:  Note: Effective 7/1/2022 this subsection will read as:  (a) The charter school application shall be on a form prescribed by the state superintendent pursuant to subsection (d) of this section, and shall include:  (i) A description of the educational program of the school, designed to identify those whom the school is attempting to educate, what it means to be an educated person in the twenty-first century and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent and lifelong learners;  (ii) The measurable pupil outcomes identified for use by the charter school. "Pupil outcomes" for purposes of this paragraph means the extent to which all pupils of the school demonstrate they have attained the skills and knowledge specified as goals in the school's educational program. "Pupil outcomes" shall include state assessments and standards;  (iii) The method by which pupil progress in meeting those pupil outcomes is to be measured;  (iv) The governance structure of the school, including but not limited to the process to be followed by the school to ensure parental, teacher and community involvement;  (v) The qualifications to be met by individuals to be employed by the school;  (vi) The procedure that the school will follow to ensure the health and safety of pupils and staff;  (vii) Admission requirements, if applicable;  Note: Effective 7/1/2022 this paragraph will read as:  (vii) Admission requirements, if applicable, provided that enrollment shall be open to all to the extent seats are available within the applicable grade level, subject to W.S. 21-3-304(c). If the number of applicants for enrollment exceeds the available seats, the charter school shall, subject to W.S. 21-3-304(c), hold a blind lottery to determine enrollment. Students enrolled in the previous year shall be guaranteed a seat, and applicants with a sibling enrolled in the charter school shall receive a preference;  (viii) The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by the school district, is to be conducted;  Note: Effective 7/1/2022 this paragraph will read as:  (viii) The manner in which an annual audit of the financial and programmatic operations of the school, including any services provided by the authorizer, is to be conducted;  (ix) The procedure by which pupils can be suspended or expelled;  (x) In accordance with this article, the manner by which staff members of the charter schools will be covered under the Wyoming retirement system and federal social security;  (xi) A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school and of any rights upon returning to the school district after employment at a charter school;  (xii) Minimum enrollment requirements;  (xiii) Evidence that an adequate number of parents, teachers, pupils or any combination thereof support the formation of a charter school;  Note: Effective 7/1/2022 this paragraph will read as:  (xiii) Evidence of adequate community support;  (xiv) Evidence that the plan for the charter school is economically sound for both the charter school and the school district;  Note: Effective 7/1/2022 this paragraph will read as:  (xiv) Evidence that the plan for the charter school is economically sound;  (xv) A proposed budget for the term of the charter;  (xvi) A plan for the displacement of pupils, teachers and other employees who will not attend or be employed in the charter school;  Note: this paragraph is repealed by Laws 2021, ch. 169, § 4. effective 7/1/2022.  (xvii) An explanation of the relationship that will exist between the proposed charter school and its employees, including evidence that the terms and conditions of employment have been addressed with affected employees and their recognized representative, if any;  Note: this paragraph is repealed by Laws 2021, ch. 169, § 4. effective 7/1/2022.  (xviii) The employment policies of the proposed charter school;  (xix) An agreement between the parties regarding their respective legal liability and applicable insurance coverage;  (xx) A description of how the charter school plans to meet the transportation needs of its pupils and whether the charter school plans to provide transportation for pupils;  (xxi) In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school; and  Note: Effective 7/1/2022 this paragraph will read as:  (xxi) In accordance with this article, a description of the rights of any employee of the school district upon commencing employment in a charter school;  (xxii) A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation.  Note: Effective 7/1/2022 this paragraph will read as:  (xxii) A financial feasibility statement providing evidence of charter school viability following the first three (3) years of charter school operation;  (xxiii) In the case of a proposed charter school that plans to establish a full-time virtual charter school, the application shall additionally require the applicant to provide a description regarding the methods by which the charter school will: [NOTE: This paragraph will be effective 7/1/2022.]  (A) Ensure adequate supports are available to the students in their homes or regions, including parent teacher conferences and interactions;  (B) Monitor student outcomes and administer state required assessments to all students in a proctored setting;  (C) Establish and implement legally permissible criteria and processes for enrollment based on the existence of supports needed for student success;  (D) Provide the desired enrollment level of the school for each year of the charter contract, not to exceed two hundred fifty (250) students in any given year, with any increases in enrollment from one (1) year to the next based on whether the school meets its performance requirements;  (E) Provide a detailed budget for the school and propose a funding level per student for the school that is based upon that budget;  (F) Provide data for oversight, funding, renewal and closure decisions for full-time virtual charter school specific goals regarding student enrollment, attendance, engagement, achievement, truancy and attrition that demonstrates the school meets agreed upon benchmarks;  (G) Provide that no more than twenty percent (20%) of its enrollment shall be from outside of the school district where the charter school is located without prior approval of the state loan and investment board.  (xxiv) In the case of a proposed charter school that intends to contract with an education service provider for educational program implementation or comprehensive management, the application shall additionally require the applicant to: [NOTE: This paragraph will be effective 7/1/2022.]  (A) Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;  (B) Provide a term sheet setting forth the proposed duration of the education service contract, the roles and responsibilities of the governing board, the school staff and the service provider, the scope of services and resources to be provided by the service provider, the performance evaluation measures and timelines for the service provider, the compensation structure for the service provider including clear identification of all fees to be paid to the education service provider, methods of contract oversight and enforcement, investment disclosures and conditions for renewal and termination of the contract; and  (C) Disclose and explain any existing or potential conflicts of interest between the school governing board, the school's leadership and management team and the proposed education service provider or any affiliated business entities.  (xxv) In the case of a proposed charter public school from an applicant that currently operates one (1) or more additional schools inside or outside of Wyoming, the application shall additionally require the applicant to provide evidence of past performance and the capacity for the operation of the additional school. [NOTE: This paragraph will be effective 7/1/2022.]  (b) Upon submission of an application under W.S. 21-3-307(a), the superintendent of the school district shall notify the applicant within thirty (30) days of submission whether the application is complete. If the district superintendent determines that the application is incomplete, the superintendent shall advise the applicant of the reasons for the determination in sufficient detail for the applicant to make changes for resubmission of the application to the district superintendent.  Note: Effective 7/1/2022 this subsection will read as:  (b) Upon submission of an application under W.S. 21-3-307(a), the authorizer shall notify the applicant within thirty (30) days of submission whether the application is complete. If the authorizer determines that the application is incomplete, the authorizer shall advise the applicant of the reasons for the determination in sufficient detail for the applicant to make changes for resubmission of the application to the authorizer.  (c) The district superintendent's determination that an application is complete shall not prevent the district superintendent from making subsequent recommendations to, or from opposing the application before, the school board.  Note: this subsection is repealed by Laws 2021, ch. 169, § 4. effective 7/1/2022.  (d) The state superintendent shall through rule and regulation prescribe a uniform charter school application and renewal application form to be used by each district and charter school applicant for purposes of this article, and shall establish charter school application review procedures, including timelines for application components specified under subsection (a) of this section. The phased application process prescribed by state superintendent rule and regulation may provide a process for mediation of disputes concerning completeness of an application between the applicant and school district, which would be subject to W.S. 1-43-101 through 1-43-104, would allow either party to initiate mediation and would impose costs of mediation equally upon both parties. Any mediation process prescribed by rule shall specify professional requirements for the impartial third party facilitating mediation. If either party refuses to mediate, the dispute may be appealed to the state board as provided in W.S. 21-3-310.  Note: Effective 7/1/2022 this subsection will read as:  (d) The state superintendent shall through rule and regulation prescribe a uniform charter school application and renewal application form to be used by each authorizer and charter school applicant for purposes of this article, and shall establish charter school application review procedures, including timelines for application components specified under subsection (a) of this section. The phased application process prescribed by state superintendent rule and regulation may provide a process for mediation of disputes concerning completeness of an application between the applicant and authorizer, which would be subject to W.S. 1-43-101 through 1-43-104, would allow either party to initiate mediation and would impose costs of mediation equally upon both parties. Any mediation process prescribed by rule shall specify professional requirements for the impartial third party facilitating mediation. If either party refuses to mediate, the dispute may be appealed to the state board as provided in W.S. 21-3-310.  (e) The state loan and investment board shall submit all applications received under this section to the department of education for review of compliance with the accreditation requirements. The department of education shall submit a report of this review to the state loan and investment board. [NOTE: This section will be effective 7/1/2022.]