§ 21-2-906 — Duties of the state superintendent

(a) The state superintendent of public instruction shall:
(i) Establish a certification process for education
service providers, which shall ensure ESA students attending
qualified schools in kindergarten through grade twelve (12)
receive instruction in reading, writing, mathematics, civics,
history, literature and science throughout their kindergarten
through grade twelve (12) tenure, and for pre-kindergarten
ensure ESA students at minimum receive instruction necessary for
preparation to enter kindergarten;
(ii) Maintain a list of certified education service
providers and ensure the list is available to parents of ESA
students. The list shall enable the education service provider
to indicate if the education service provider is accepting new
ESA students;
(iii) Provide parents with a written explanation of
the qualified expenses for ESA funds, the responsibilities of
parents and the duties of the state superintendent related to
administration of the ESA program;
(iv) For students eligible for an ESA under W.S. 21-
2-904(a)(i), ensure that parents of ESA students with
disabilities receive notice that participation in the ESA
program is a parental placement under 20 U.S.C. § 1412,
Individuals with Disabilities Education Act (IDEA), along with
an explanation of the rights that parentally placed students
possess under IDEA and any applicable state laws and
regulations;
(v) If determined necessary by the state
superintendent, contract with one (1) or more private
organizations to administer the ESA program or specific
functions of the ESA program including, without limitation,
contracting with private financial management firms to manage
ESAs. The state superintendent shall comply with applicable
procurement statutes and rules in securing services under this
paragraph;
(vi) Implement a commercially viable, cost-effective
and user-friendly system for payment of services from ESAs to
education service providers by electronic or online funds
transfer. The payment system shall not rely exclusively on
requiring parents to be reimbursed for out-of-pocket expenses.
The payment system shall provide maximum flexibility to parents
by facilitating direct payments to education service providers
as well as requests for pre-approval of and reimbursements for
qualifying expenses listed in W.S. 21-2-904(b)(i). The state
superintendent may contract with private organizations to
develop the payment system;
(vii) Continue certifying deposits into a student's
ESA until:
(A) The state superintendent determines that the
ESA student is no longer an eligible student;
(B) The state superintendent determines there
was an intentional and substantial misuse of the funds in the
ESA;
(C) The ESA student withdraws from the ESA
program; or
(D) The ESA student enrolls full-time in a
public school.
(viii) Conduct or contract for the auditing of
individual ESAs and shall at a minimum conduct or contract for
audits of not less than two percent (2%) of all ESAs, selected
randomly, on an annual basis;
(ix) Investigate reports of intentional and
substantial misuse of ESA funds and prohibit an eligible ESA
student from receipt of ESA funds if the state superintendent
determines that the ESA student or ESA student's parent
intentionally and substantially misused ESA funds. The state
superintendent shall by rule create procedures to ensure that a
fair process exists to determine whether an intentional and
substantial misuse of ESA funds has occurred. If an ESA student
is free from personal misconduct, that student shall be eligible
for an ESA in the future if placed with a different parent or
other person with the legal authority to act on behalf of the
student. The state superintendent shall have the authority to
refer suspected cases of intentional and substantial misuse of
ESA funds to the department of audit or to law enforcement and
the attorney general for investigation and prosecution if
evidence of fraudulent use of ESA funds is obtained. A parent or
ESA student may appeal a final decision of the state
superintendent to make the parent or ESA student ineligible for
the ESA program as provided by the Wyoming Administrative
Procedures Act;
(x) Establish rules to prohibit an education service
provider from accepting payments from ESAs if the state
superintendent determines the education service provider has:
(A) Intentionally and substantially
misrepresented information or failed to refund any overpayments
in a timely manner; or
(B) Routinely failed to provide students with
required educational goods or services.
(xi) By rule create procedures to ensure that a fair
process exists to determine whether an education service
provider should be prohibited from receiving ESA funds under
paragraph (x) of this subsection. Education service providers
may appeal a final decision of the state superintendent under
this paragraph as provided by the Wyoming Administrative
Procedures Act;
(xii) For students eligible for an ESA under W.S. 21-
2-904(a)(i), ensure ESA students, who choose to, participate in
the statewide assessments administered pursuant to W.S. 21-2-
304(a) and compile the assessment results to analyze student
proficiency and academic progress among the students
participating in the ESA program, including an analysis of
graduation rates, proficiency and progress based on grade level.
The results of the analysis under this paragraph shall be
included in the annual report required pursuant to W.S. 21-2-
204(k);
(xiii) If the state superintendent determines it is
necessary, withhold from the funds to be deposited in ESAs, a
maximum of five percent (5%) annually of the funds to be
deposited in ESAs in the first two (2) school years of the ESA
program and a maximum of three percent (3%) annually of the
funds to be deposited in ESAs thereafter to pay for the costs of
administering the ESA program.
(b) If an education service provider requires partial
payment of tuition or fees prior to the start of the school year
to reserve space for an ESA student admitted to the education
service provider, the state superintendent may certify the
partial payment prior to the start of the school year in which
the ESA is awarded and deduct that amount from subsequent
quarterly ESA deposits. If an ESA student decides not to use the
education service provider, the partial payment made under this
subsection shall be returned to the state superintendent by the
education service provider and credited to the student's ESA.
(c) The state superintendent may adopt rules that are not
inconsistent with this act and that are necessary for the
administration of this act including rules:
(i) Establishing or contracting for the establishment
of an online anonymous fraud reporting service;
(ii) Establishing an anonymous telephone hotline for
fraud reporting;
(iii) Requiring a surety bond for education service
providers receiving more than one hundred fifty thousand dollars
($150,000.00) in ESA funds; and
(iv) Establishing a procedure for refunding payments
from education service providers to ESAs.
(d) Rules adopted by the state superintendent under
subsection (c) of this section shall focus on simplifying
parental access to the program and encouraging educational
service providers to provide parents and ESA students with a
broad array of educational options.
(e) The state superintendent may accept gifts and grants
from any source to cover administrative costs of the program, to
inform the public about the ESA program or to fund ESAs.