§ 21-3-307 — Charter application; contents; phased-in application process

(a) The charter school application shall be on a form
prescribed by the state superintendent pursuant to subsection
(d) of this section, and shall include:
(i) A description of the educational program of the
school, designed to identify those whom the school is attempting
to educate, what it means to be an educated person in the
twenty-first century and how learning best occurs. The goals
identified in that program shall include the objective of
enabling pupils to become self-motivated, competent and lifelong
learners;
(ii) The measurable pupil outcomes identified for use
by the charter school. "Pupil outcomes" for purposes of this
paragraph means the extent to which all pupils of the school
demonstrate they have attained the skills and knowledge
specified as goals in the school's educational program. "Pupil
outcomes" shall include state assessments and standards;
(iii) The method by which pupil progress in meeting
those pupil outcomes is to be measured;
(iv) The governance structure of the school,
including but not limited to the process to be followed by the
school to ensure parental, teacher and community involvement;
(v) The qualifications to be met by individuals to be
employed by the school;
(vi) The procedure that the school will follow to
ensure the health and safety of pupils and staff;
(vii) Admission requirements, if applicable, provided
that enrollment shall be open to all to the extent seats are
available within the applicable grade level, subject to W.S. 21-
3-304(c). If the number of applicants for enrollment exceeds the
available seats, the charter school shall, subject to W.S. 21-3-
304(c), hold a blind lottery to determine enrollment. Students
enrolled in the previous year shall be guaranteed a seat, and
applicants with a sibling enrolled in the charter school shall
receive a preference. For converted charter schools, students
who attended the converted charter school the previous school
year shall be given an enrollment preference. If the number of
students enrolled in the converted charter school does not
exceed the capacity of the school, secondary preference shall be
given to students who reside within the district boundary in
which the charter school is located;
(viii) The manner in which an annual audit of the
financial and programmatic operations of the school, including
any services provided by the authorizer, is to be conducted;
(ix) The procedure by which pupils can be suspended
or expelled;
(x) In accordance with this article, the manner by
which staff members of the charter schools will be covered under
the Wyoming retirement system and federal social security;
(xi) A description of the rights of any employee of
the school district upon leaving the employment of the school
district to work in a charter school and of any rights upon
returning to the school district after employment at a charter
school;
(xii) Minimum enrollment requirements;
(xiii) Evidence of adequate community support;
(xiv) Evidence that the plan for the charter school
is economically sound;
(xv) A proposed budget for the term of the charter;
(xvi) Repealed by Laws 2021, ch. 169, § 4.
(xvii) Repealed by Laws 2021, ch. 169, § 4.
(xviii) The employment policies of the proposed
charter school;
(xix) A proposed agreement or summary of a proposed
agreement between the charter school governing board and the
authorizer and, if applicable, the district regarding their
respective legal liability and applicable insurance coverage;
(xx) A description of how the charter school plans to
meet the transportation needs of its pupils and whether the
charter school plans to provide transportation for pupils;
(xxi) In accordance with this article, a description
of the rights of any employee of the school district upon
commencing employment in a charter school;
(xxii) A financial feasibility statement providing
evidence of charter school viability following the first three
(3) years of charter school operation;
(xxiii) In the case of a proposed charter school that
plans to establish a full-time virtual charter school, the
application shall additionally require the applicant to provide
a description regarding the methods by which the charter school
will:
(A) Ensure adequate supports are available to
the students in their homes or regions, including parent teacher
conferences and interactions;
(B) Monitor student outcomes and administer
state required assessments to all students in a proctored
setting;
(C) Establish and implement legally permissible
criteria and processes for enrollment based on the existence of
supports needed for student success;
(D) Provide the desired enrollment level of the
school for each year of the charter contract, not to exceed two
hundred fifty (250) students in any given year, with any
increases in enrollment from one (1) year to the next based on
whether the school meets its performance requirements;
(E) Provide a detailed budget for the school and
propose a funding level per student for the school that is based
upon that budget;
(F) Provide data for oversight, funding, renewal
and closure decisions for full-time virtual charter school
specific goals regarding student enrollment, attendance,
engagement, achievement, truancy and attrition that demonstrates
the school meets agreed upon benchmarks;
(G) Provide that no more than twenty percent
(20%) of its enrollment shall be from outside of the school
district where the charter school is located without prior
approval of the authorizer.
(xxiv) In the case of a proposed charter school that
intends to contract with an education service provider for
educational program implementation or comprehensive management,
the application shall additionally require the applicant to:
(A) Provide evidence of the education service
provider's success in serving student populations similar to the
targeted population, including demonstrated academic achievement
as well as successful management of nonacademic school
functions, if applicable;
(B) Provide a term sheet setting forth the
proposed duration of the education service contract, the roles
and responsibilities of the governing board, the school staff
and the service provider, the scope of services and resources to
be provided by the service provider, the performance evaluation
measures and timelines for the service provider, the
compensation structure for the service provider including clear
identification of all fees to be paid to the education service
provider, methods of contract oversight and enforcement,
investment disclosures and conditions for renewal and
termination of the contract; and
(C) Disclose and explain any existing or
potential conflicts of interest between the school governing
board, the school's leadership and management team and the
proposed education service provider or any affiliated business
entities.
(xxv) In the case of a proposed charter public school
from an applicant that currently operates one (1) or more
additional schools inside or outside of Wyoming, the application
shall additionally require the applicant to provide evidence of
past performance and the capacity for the operation of the
additional school;
(xxvi) The school's plans for identifying and
providing an education to all students enrolled or to be
enrolled in the charter school, including but not limited to
students with special education needs, students who are English
language learners and gifted and talented students.
(b) Upon submission of an application under W.S. 21-3-
307(a), the authorizer shall notify the applicant within thirty
(30) days of submission whether the application is complete. If
the authorizer determines that the application is incomplete,
the authorizer shall advise the applicant of the reasons for the
determination in sufficient detail for the applicant to make
changes for resubmission of the application to the authorizer.
(c) Repealed by Laws 2021, ch. 169, § 4.
(d) The state superintendent shall through rule and
regulation prescribe a uniform charter school application and
renewal application form to be used by each authorizer and
charter school applicant for purposes of this article, and shall
establish charter school application review procedures,
including timelines for application components specified under
subsection (a) of this section. The phased application process
prescribed by state superintendent rule and regulation may
provide a process for mediation of disputes concerning
completeness of an application between the applicant and
authorizer, which would be subject to W.S. 1-43-101 through 1-
43-104, would allow either party to initiate mediation and would
impose costs of mediation equally upon both parties. Any
mediation process prescribed by rule shall specify professional
requirements for the impartial third party facilitating
mediation. If either party refuses to mediate, the dispute may
be appealed to the state board.
(e) The Wyoming charter school authorizing board shall
submit all applications received under this section to the
department of education for review of compliance with the
accreditation requirements. The department of education shall
submit a report of this review to the Wyoming charter school
authorizing board.