§ 21-3-135 — Parental and guardian notices related to the educational, physical, mental and emotional health of students; student welfare; procedures; school district prohibitions

Wyoming § 21-3-135

• Jurisdiction: Wyoming
• Title 21: Education
• Ch. 3: SCHOOL DISTRICTS IN GENERAL
• Art. 1: IN GENERAL

Text

(a) Each school district shall:
(i) Notify a student's parent or guardian as soon as
practicable if there is a change in the student's educational,
physical, mental or emotional health or well-being. Procedures
adopted under this paragraph shall reinforce the fundamental
right of parents and guardians to make decisions regarding the
care and control of their children by requiring school district
personnel to encourage a student to discuss issues relating to
his well-being with his parent or guardian or to facilitate
discussion with the parent or guardian;
(ii) Not prohibit parents or guardians from accessing
any of their student's records created, maintained or used by
the school district. Parents or guardians shall be provided
access to their student's education, behavior, health and other
records within a reasonable time;
(iii) Not adopt or implement any formal or informal
rules, policies, practices or procedures that prohibit school
district personnel from notifying a student's parent or guardian
about the student's educational, physical, mental or emotional
health or well-being or a change in the student's related
services as authorized under paragraphs (a)(i) and (ii) of this
section;
(iv) Not adopt or implement any formal or informal
rule, policies, practices or procedures that direct or,
encourage or have the effect of encouraging a student to
withhold from a parent or guardian information about the
student's educational, physical, mental or emotional health or
well-being;
(v) Obtain written or electronic permission from each
student's parent or legal guardian not less than one (1) day
prior to the student participating or receiving instruction in
any trainings, courses or classes that address sexual
orientation or gender identity.
(b) Effective school year 2024-2025 and each school year
thereafter, at the beginning of each school year, each school
district shall make available to parents and guardians any
routine health care services offered or provided at the
student's school and provide the option for the parent or
guardian to withhold consent or decline any routine specific
health care services. Parental or guardian consent to a routine
health care service shall not waive the parent's or guardian's
right to access the student's educational or health care records
or to be notified of a change in the student's educational,
physical, mental or emotional health or well-being. Nothing in
this section shall be construed as preventing school district
personnel from rendering first aid to a student or summoning
emergency responders in case of sudden need.
(c) Before administering a well-being questionnaire or
health screening tool to a student or a group of students, each
school district shall make available the questionnaire or
information on the health screening tool to the parent or
guardian and obtain written or verbal consent from the parent or
guardian to administer the well-being questionnaire or health
screening tool to the student. For purposes of this subsection,
"health screening tool" means any diagnostic assessment that
detects pre-clinical mental or physiological illness or
diseases. Nothing in this subsection shall be construed to
prohibit school district personnel from conducting audiology,
vision, scoliosis or body mass index assessments required by
federal law unless a parent withholds consent for that
assessment in writing.
(d) Each school district shall adopt necessary rules,
policies, practices and procedures for a parent or guardian to
file a complaint with the school district regarding a school
district's non-compliance with this section, in accordance with
the following:
(i) Notwithstanding W.S. 21-2-101, to the extent that
any provision of this subsection conflicts with the Wyoming
Administrative Procedure Act, this subsection and any rules
promulgated thereunder shall control;
(ii) To initiate proceedings under this subsection, a
parent or guardian shall file a complaint with the school
district superintendent or his designee;
(iii) The school district superintendent or his
designee shall acknowledge in writing receipt of a complaint
submitted under this subsection within seven (7) business days
from the date of receipt of the complaint, as evidenced by the
postmark;
(iv) The school district superintendent shall issue a
decision in response to a complaint under this subsection not
more than thirty (30) calendar days after the written
acknowledgment required under paragraph (iii) of this
subsection;
(v) Any parent or guardian aggrieved by a decision
made by a school district superintendent under paragraph (iv) of
this subsection may request a hearing before the school
district's board of trustees, who shall determine facts relating
to the dispute over the school district superintendent's
compliance with this section, consider any information provided
by the school district superintendent and render a decision
within thirty (30) calendar days after receiving the request for
a hearing;
(vi) Any parent or guardian aggrieved or adversely
affected in fact by a final decision of a board of trustees
under paragraph (v) of this subsection, may seek judicial review
pursuant to W.S. 16-3-114, within thirty (30) calendar days of
the decision by the board of trustees, as evidenced by the
postmark;
(vii) Each school district shall adopt necessary
rules, policies and procedures to notify parents and guardians
of the rights and procedures available under this subsection;
(viii) Nothing in this subsection shall be construed
to abridge any other rights or remedies under law available to
parents and guardians.
(e) This section shall be implemented by each school
district in accordance with W.S. 14-2-206.
(f) Nothing in this section shall prohibit school
districts from complying with mandatory reporting of abuse or
neglect pursuant to W.S. 14-3-205. For purposes of this section,
"abuse" means as defined by W.S. 14-3-202(a)(ii) and "neglect"
means as defined by W.S. 14-3-202(a)(vii).