(vi) Repealed by Laws 1994, ch. 17, § 2.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.
21-2-304(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.
21-2-204(j) 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. 21-2-801 and 21-2-802, 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 public 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. 21-2-501 and
21-2-701(a)(ii) and subject to W.S. 21-2-304(a)(iii) and
21-9-101(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. 21-2-307
and 21-2-601, 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. 9-2-2906(g);
(xxi) Establish and maintain a uniform statewide
reporting system based upon requirements of the statewide
education accountability system established under W.S. 21-2-204
and the statewide student assessment implemented by the state
board under W.S. 21-2-304(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 and technical education courses by
districts, for the computation of full-time equivalent (FTE)
students participating in career and technical education courses
and for the determination of full-time equivalent (FTE) career
and technical education teachers, and provide for the annual
collection of information necessary to implement and administer
W.S. 21-13-309(m)(v)(D);
(xxvii) Develop a process and procedures necessary
for consideration of district waivers from specified
instructional and career and technical education program
requirements specified under W.S. 21-13-309(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 and technical 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. 21-12-105, 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 and technical education
expenditures;
(xxx) Effective school year 2017-2018 and each school
year thereafter, in consultation and coordination with local
school districts, by rule and regulation establish a program of
administering a standardized college entrance examination and a
career readiness examination selected by the state
superintendent to all students in the eleventh and twelfth
grades throughout the state in accordance with this paragraph.
The examinations 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 and mathematics for all students in grade
eleven (11). The career readiness examination shall be optional
for all students in grade eleven (11) or twelve (12). The state
superintendent shall pay all costs associated with administering
the college entrance examination and the career readiness
examination and shall schedule a day or days during which
examinations shall be provided. The date or dates for statewide
administration of the college entrance examination in grade
eleven (11) and the career readiness examination shall be
established by the state superintendent in a manner that best
meets the needs of students and school districts. The state
superintendent may enter into agreements with an administrator
of the college entrance examination and the career readiness
examination and adopt rules as necessary to ensure compliance
with any requirements of an administrator, such as a secure
environment. 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
virtual education. Courses taught pursuant to an agreement
entered into under W.S. 21-13-330(m) or pursuant to W.S. 21-13-
330(n) shall not be subject to this paragraph. The rules and
regulations promulgated pursuant to this paragraph shall meet
the requirements of this paragraph by:
(A) Establishing, approving, facilitating and
monitoring a state network of virtual education courses that
meet state standards for course content and delivery by Wyoming
certified teachers or postsecondary faculty who meet the
requirements of W.S. 21-7-303(b). The state superintendent shall
annually publish a course catalog identifying the courses
available and the tuition to be assessed on a per course basis
as established by the school district instructing the course;
(B) Providing training and technical assistance
to school districts, including professional development for
teachers and school administrators, for the delivery of virtual
education. In consultation with the professional teaching
standards board, the rules shall specify minimum professional
development requirements for teachers utilizing virtual
education methods to instruct students;
(C) Monitoring the design, content, delivery and
the accreditation of virtual education programs provided by
school districts under W.S. 21-13-330;
(D) Establishing a centralized learning
management system districts may utilize to administer, document,
track, report and deliver virtual education courses. The
centralized learning management system established pursuant to
this subparagraph shall be made available for the use of all
public school districts in the state. Districts may choose to
establish individual or independent learning management systems.
The rules and regulations shall specify criteria and necessary
components of individual school district learning management
systems;
(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 virtual education programs
statewide. Reporting and data collection requirements shall, at
a minimum, allow for the disaggregation of assessment data and
other measures of academic performance of students attending
full-time virtual education programs from students physically
attending class in a school facility;
(F) Establishing an advisory committee
consisting of not less than seven (7) members. The advisory
committee shall have representatives from among Wyoming school
districts and other state agencies involved in the delivery of
virtual education or providing technological expertise related
to virtual education. The advisory committee shall recommend
modifications to rules, policies, practices and procedures and
serve in an advisory capacity to school districts to improve the
delivery of virtual education courses across the state.
(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. 21-3-110(a)(xxxi). The state superintendent shall review
the policy of each district for compliance with the requirements
of W.S. 21-3-110(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. 21-3-110(a)(xxxii) and in
sufficient time to enable school districts to adopt and
implement protocols commencing school year 2011-2012, 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
including, but not limited to teacher certification, statewide
education accountability and assessment and the administration
of the school finance system. In carrying out this paragraph,
the state superintendent and the department of enterprise
technology services shall develop a data privacy and 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 or trade of student
data to private entities or organizations;
(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; and
(K) Standards and protocols to remove personally
identifiable information in order to provide for data collection
and analysis without disclosing the identity of the student
whose data is being collected and used.
(xxxv) Review and make available suitable materials
for suicide prevention education as required for school district
teachers and school administrators under W.S.
21-3-110(a)(xxxiii);
(xxxvi) Commencing school year 2015-2016, in
conjunction with the school district accreditation process
required under W.S. 21-2-304(a)(ii) and as a component of the
statewide education accountability system created under W.S.
21-2-204, 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.
21-2-304(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. 21-2-204(h);
(xxxvii) In consultation with the department of
enterprise technology, the department of audit and school
districts, establish and maintain guidelines for school
districts for the collection, access, privacy, security and use
of student data by school districts. The guidelines shall, at a
minimum, be in compliance with the federal Family Educational
Rights and Privacy Act and other relevant federal and state laws
and include the following:
(A) Authorization and authentication mechanisms
for accessing student data;
(B) Administrative, physical and logical
security safeguards, including employee training and data
encryption;
(C) Privacy and security compliance standards;
(D) Processes for identification of and response
to data security incidents, including breach notification and
mitigation procedures;
(E) Standards for retention and verified
destruction of student data.
(xxxviii) When nonstate funds are received by the
department of education that provide for one hundred percent
(100%) of the cost, the state superintendent may hire the state
school nurse as an at-will contract employee or may contract for
nursing services to carry out the duties assigned under this
paragraph. The state school nurse shall hold a Wyoming license
as a registered nurse. The state school nurse shall:
(A) Identify professional development needs for
Wyoming school nurses, with focus on caring for students with
behavioral health needs and chronic diseases and make available
training resources to meet the professional development needs
identified;
(B) In consultation with the state health
officer and the district boards of trustees, write or obtain
standing orders for medication administration or treatment for
students without a primary care physician who have urgent needs
during the school day;
(C) Assist the superintendent in drafting
recommendations for school district use to help facilitate care
for behavioral health needs, enhance collaboration among school
district personnel and community medical and behavioral health
providers, and to prevent disease, substance abuse and bullying;
(D) Provide information to school nurses and
school district boards of trustees on public health issues;
(E) In a manner to maintain student
confidentiality, collect aggregated data from school districts
on medical and behavioral health diagnoses, vision and hearing
impairment, special education needs, and other nursing
challenges that impact schools and students. The state
superintendent, in consultation with the board of nursing, shall
determine consistent, cost-effective outcomes that can be
achieved through the requirements of the state school nurse as
provided in this paragraph. The state superintendent shall use
the data collected to determine progress toward and success of
achieving the outcomes identified in this subparagraph. The
state superintendent shall report annually to the joint
education interim committee and the joint appropriations
committee on the progress toward achieving the identified
outcomes;
(F) In consultation with the board of nursing,
develop best practice standards for school nursing;
(G) At the request of district boards of
trustees, advise on the child sexual abuse education, prevention
and response program under W.S. 21-3-133.
(xxxix) Solicit nonstate funds for costs associated
with the position of the state school nurse;
(xl) Design and establish a Wyoming seal of
biliteracy and an advanced distinction Wyoming seal of
biliteracy for conferral by a school district to a graduating
high school student who is proficient in English and one (1) or
more world languages. The superintendent may establish a
committee of language educators to identify or approve
assessments and levels of proficiency on assessments as
necessary to implement this paragraph. The superintendent shall
develop policies as necessary regarding the use and appearance
of the Wyoming seal of biliteracy and an advanced distinction
Wyoming seal of biliteracy on student transcripts. "World
language" as used in this paragraph means any language other
than English and includes American Sign Language, also known as
ASL, classical languages and indigenous languages.
(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. 21-9-101 and 21-9-102 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. 21-13-309, 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.
21-13-101(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. 21-13-307(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. 21-13-309(p)
and determining the amount to be distributed to a district under
W.S. 21-13-311 or recaptured from a district subject to W.S.
21-13-102(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. 16-3-114(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) The state superintendent shall identify professional
development needs for Wyoming schools and teachers, 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.
(g) Paragraphs (a)(xxxviii) and (xxxix) of this section
are repealed July 1, 2026.
(h) The state superintendent shall designate an employee
of the department of education to serve as the liaison to the
Wyoming charter school authorizing board through which requests
for staff assistance shall be directed.