§ 21-2-905 — Application

(a) A parent may apply to the state superintendent of
public instruction to establish an ESA for an eligible student.
(b) The state superintendent shall establish procedures
for approving applications in an expeditious manner.
(c) The state superintendent shall create a standard form
that parents may submit to establish their student's eligibility
for the ESA program and shall ensure that the application form
is publicly available and that completed applications may be
submitted through various sources, including the internet.
(d) Except as provided under subsection (e) of this
section, the state superintendent shall approve an application
for an ESA if:
(i) The parent submits an application for an ESA in
accordance with application procedures established by the state
superintendent;
(ii) The student is an eligible student pursuant to
W.S. 21-2-904(a);
(iii) Funds are available for the ESA;
(iv) The parent signs an agreement with the state
superintendent as provided in W.S. 21-2-904(b).
(e) If the number of applications for ESAs exceeds the
available funds for any school year, the students shall be
selected on a first-come, first-served basis, except preference
shall be given to the following students:
(i) An eligible student who received funds under the
ESA program in the immediately preceding school year; or
(ii) A sibling of an eligible student who:
(A) Receives scholarship funds from an ESA at
the time the sibling applied for an ESA; or
(B) Received an ESA in the school year
immediately preceding the school year in which the sibling
applies for an ESA.
(f) For students receiving an ESA under W.S. 21-2-
904(a)(i), the following shall apply:
(i) A signed agreement between the parent and state
superintendent under W.S. 21-2-904(b) shall satisfy the
compulsory school attendance requirements of W.S. 21-4-102 and
the parent shall annually provide the student's resident public
school district notice of intent to participate in the ESA
program;
(ii) Upon notice to the state superintendent, an ESA
student may choose to stop receiving an ESA and enroll full-time
in a public school. Enrolling as a full-time student in a public
school shall result in the immediate suspension of payment of
additional funds to the student's ESA and the state
superintendent may close the ESA. If an eligible student applies
to the state superintendent to return to the ESA program,
payments into the student's existing ESA may resume if the ESA
is still open and active. A new ESA may be established if an
eligible student's ESA was closed;
(iii) The state superintendent may adopt rules and
policies to provide the least disruptive process for ESA
students who choose to enroll full-time in a public school.