(a)The board shall promulgate rules and regulations:
(i)For the certification of school administrators,
teachers and other personnel to require either examination in
specified subjects or the completion of courses in approved
institutions, or both. However, nothing in this article shall
be construed as permitting the board to impose any additional
requirements beyond licensure in his own profession on any
person licensed pursuant to title 33 in order for that person to
practice his own profession in the schools as an employee of or
contractor for a school district. Board rules and regulations
shall require the following minimum qualifications and any
additional qualifications for additional training in a broad
general education as the board may designate:
(A)For teachers, a degree from
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(a) The board shall promulgate rules and regulations:
(i) For the certification of school administrators,
teachers and other personnel to require either examination in
specified subjects or the completion of courses in approved
institutions, or both. However, nothing in this article shall
be construed as permitting the board to impose any additional
requirements beyond licensure in his own profession on any
person licensed pursuant to title 33 in order for that person to
practice his own profession in the schools as an employee of or
contractor for a school district. Board rules and regulations
shall require the following minimum qualifications and any
additional qualifications for additional training in a broad
general education as the board may designate:
(A) For teachers, a degree from an accredited
college or university;
(B) For administrators, qualification as a
teacher pursuant to subparagraph (a)(i)(A) of this section in
addition to appropriate experience as a teacher and additional
training in educational administration.
(ii) In addition to paragraph (a)(i) of this section,
the board shall by rule and regulation provide for:
(A) Certification of teachers of the Arapaho,
Shoshone, or both, languages and in its discretion, the board
may make other exceptions as to both teachers and administrators
it determines necessary and proper in special circumstances;
(B) Temporary employment as instructors of
persons with extensive training or experience in a particular
discipline if a certified teacher is not available. Those
instructors shall be monitored and supervised by certified
personnel;
(C) School district establishment of courses
taught primarily by electronic transmission such as broadcast
through satellites which do not require the presence of a
teacher certified in the subject matter being taught by this
alternative method;
(D) Alternative certification of teachers that
requires a baccalaureate degree from an accredited college or
university and successful completion of an accredited or non-
accredited alternative certification program or pathway approved
by the board that at a minimum requires passage of a subject
area examination, pedagogy examination, United States
Constitution examination and Wyoming Constitution examination.
Issuance of this alternative certification shall be limited to
the subject areas and grade levels successfully completed by the
applicant. If the applicant is enrolled in or has completed an
alternative certification program or pathway the applicant may
apply for employment with a school district.
(iii) Providing that business instructors may
instruct classes on economic systems and institutions.
(b) The board may enter into reciprocal agreements with
other states for the purposes of granting certification pursuant
to this section.
(c) The board may revoke, suspend, deny or refuse to renew
certification for incompetency, conviction of a felony committed
after July 1, 1996, immorality and other reprehensible conduct
or gross neglect of duty or knowing misrepresentation of
information on an application or resume, upon its own motion or
upon the petition of any local board of trustees. Except as
provided in subsection (k) of this section, no certificate shall
be revoked or suspended without a hearing conducted in
accordance with the Wyoming Administrative Procedure Act, unless
the person holding the certification waives the right to a
hearing.
(d) The board may establish reasonable fees for
application and issuance of certification under this section and
may require the payment of fees as a condition for issuing any
certificate. The fees may include the costs associated with the
criminal history background check required by paragraph (e)(ii)
of this section. Fees collected by the board pursuant to this
subsection shall be deposited with the state treasurer. Upon
receipt, the state treasurer shall credit the revenues to a
separate account. Expenditures from the account shall be for
expenses incurred by the board in administering this article.
(e) No certification shall be issued under this section
until a criminal history background check has been filed with
and received by the board, the applicant provides a release of
information and the applicant consents to the release of any
criminal history information to the board and if applicable, to
the employing school district. Upon receipt of a background
report pursuant to this subsection indicating that the applicant
has a conviction equal to a felony under Wyoming law or any
conviction for an act which would constitute a violation under
chapter 2 or chapter 4 of title 6 of the Wyoming statutes, the
board shall immediately provide a copy of the report to the
employing local school board if the information involves a
certified individual employed by that local board and if the
local board has requested a copy of the report. For all persons
seeking initial certification under this section on or after
July 1, 1996:
(i) The applicant shall be required to verify under
oath whether he has been convicted of a felony. The board may
deny certification of any applicant who has been convicted of a
felony that relates to the practice of teaching or to the
ability to practice as a teacher and may annul a certificate for
misrepresentation by an applicant of his criminal history. Any
felony related to a sexual offense shall be considered to relate
to the practice of teaching. Action by the board to annul a
certificate shall be taken following a hearing conducted in
accordance with the Wyoming Administrative Procedure Act, unless
the person holding the certification waives the right to a
hearing;
(ii) The applicant shall provide to the board
fingerprints and other information necessary for a criminal
history record background check as provided in W.S. 7-19-201(a).
(f) Any local school board dismissing or accepting the
resignation of a person holding certification under this section
shall notify the professional standards teaching board of the
dismissal or resignation, if the dismissal or acceptance of the
resignation was based in whole or in part upon the person's
conviction of a felony.
(g) For purposes of this section:
(i) "Convicted" or "conviction" means an unvacated
determination of guilt by any court having legal jurisdiction of
the offense and from which no appeal is pending. Pleas of guilty
and nolo contendere shall be deemed convictions for the purposes
of this section. Dispositions pursuant to W.S. 7-13-301 or
35-7-1037 shall not be convictions for purposes of this section;
(ii) "Felony" means a criminal offense for which the
penalty authorized by law includes imprisonment in a state penal
institution for more than one (1) year. "Felony" includes an
offense committed in another jurisdiction which, if committed in
this state, would constitute a felony as defined in this
paragraph.
(h) The board shall establish qualifications of persons
teaching driver education in a public school in this state in
accordance with W.S. 21-7-303(c).
(j) Nothing in this section authorizes the board to
establish qualifications of persons exempt from certification
requirements pursuant to W.S. 21-7-303(b).
(k) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend
or otherwise restrict a license issued by the board, the board
shall notify the party named in the court order of the
withholding, suspension or restriction of the license in
accordance with the terms of the court order. No appeal under
the Wyoming Administrative Procedure Act shall be allowed for a
license withheld, suspended or restricted under this subsection.
(m) In accordance with criteria and guidelines established
by the state superintendent of public instruction, the board
shall submit data elements collected from school administrators,
teachers and other school district personnel certified under
this article to the department of education for housing in the
department's data base repository.