Wyo. Code R. 206-0002-32
General Agency, Board or Commission Rules
Chapter 32: Charter Schools
Effective Date: 03/17/2003 to 11/25/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 206.0002.32.03172003
Section 1. Authority. These rules and regulations are promulgated pursuant to Wyoming Education Code of 1969 (as amended), Wyo. Stat. 21-2-304(a).
Section 2. Applicability. These rules pertain to implementation by the State Board of Education of its responsibilities under Wyo. Stat. 21-3-301 through 21-3-314. These rules pertain to a charter applicant or any other person who wishes to appeal a decision of a district board concerning a charter school. These rules also pertain to the waiver of state statutes and regulations requested by an approved charter school, and the annual reporting requirements of all charter schools.
Section 3. Promulgation, Amendment, or Repeal of Rules. These rules and any amendments thereof shall become effective as provided by the Wyoming Administrative Procedure Act, Wyo. Stat. 16-3-101 through 16-3-115.
Section 4. Definitions. As referenced in these rules:
(a) 'District board' means the board of trustees of a school district elected as the governing body of the school district.
(b) 'Recording' means reporting verbatim stenographically or by any other appropriate means determined by the agency or the officer presiding at the hearing.
(c) 'Release' and 'waiver', when authorized, mean the identified statute or rule will not be applied to the charter school. 'Waiver' does not include a request for transfer of authority from one governing board to another.
(d) 'State Board' means the State Board of Education appointed pursuant to Wyo. Stat. 21-2-301.
Section 5. Public Hearings by District Board.
(a) For all hearings, the district board may designate one of its members to act as the presiding officer, and/or make appropriate arrangements to secure the services of a hearing officer from the Office of Administrative Hearings, who will act as presiding officer over the hearing proceedings in accordance with Wyo. Stat. 9-2-2202(b) and Wyo. Stat. 16-3-112.
(b) A record of the hearings shall be kept in accordance with Wyo. Stat. 16-3-107(p).
(c) A quorum of the district board will attend the hearings held in accordance with Wyo. Stat. 21-3-308(a) and 21-3-310(b)(ii).
(d) The initial hearing required by Wyo. Stat. 21-3-308(a) shall be held in accordance with the Public Meetings Act, Wyo. Stat. 16-4-401 through 16-4-407.
(e) Any subsequent hearing required by Wyo. Stat. 21-3-310(b)(ii) shall be held in accordance with the Administrative Procedure Act, Contested Case, General Procedure, Wyo. Stat. 16-3-107 through 16-3-112. The Office of Administrative Hearings Rules, Chapter 3, Evidentiary Hearing and Decision, shall govern the procedure used in any hearing required by Wyo. Stat. 21-3-310(b)(ii).
(a) A charter applicant or any other person who wishes to appeal a decision of a district board concerning a charter school shall file a notice of appeal with the State Board and the district board within thirty (30) days after the district board's decision.
(b) A notice of appeal shall include the following:
(i) the names, addresses, and phone numbers of the person or persons appealing;
(ii) the reasons and/or basis for the appeal as set forth in Wyo. Stat. 21-3-310(a);
(iii) the facts, including minutes of district board meeting where action on the charter school application was taken, and information submitted to the district board which supports the appeal;
(iv) the requested relief.
(c) Fifteen (15) copies of the notice of appeal and all supporting documents and evidence shall be filed with the State Board of Education Chairman, 2300 Capitol Avenue, Hathaway Building, 2nd Floor, Cheyenne, Wyoming 82002-0050. An additional copy of all documents and evidence filed with the State Board throughout the appeal process shall also be sent to the district board. The State Board will accept electronic transmissions for a notice of appeal, and of any documents or evidence throughout the appeal process.
(a) Once the appeal has been timely filed, the State Board shall schedule a public hearing, after notice as required by the Public Meetings Act, Wyo. Stat. 16-4-401 et. seq., at which the State Board shall review the decision of the district board. The public hearing shall be held within sixty (60) days after the State Board's receipt of the notice of appeal, and it shall be held in the school district in which the proposed charter school has applied for a charter. A separate notice to the parties shall include the date, time, and location of the public hearing. Further, the State Board shall give public notice of the hearing in the community where the hearing is to be held. Said public notice shall be made in accordance with public notice of regularly scheduled State Board meetings.
(b) In all appeals, each party shall submit to the chairman of the State Board, and all other parties to the appeal, briefs limited to the specific grounds for the appeal as follows:
(i) the appealing party shall file the required number of briefs within ten (10) days after receiving notice of the public hearing;
(ii) the responding party shall file the required number of briefs within ten (10) days after receipt of the appealing party's brief;
(iii) the appealing party may file the required number of reply briefs within five (5) days after receiving the responding party's brief.
The State Board may refuse to consider briefs not submitted to opposing party in a timely manner. The State Board will not consider arguments that do not relate to the specific grounds of the appeal.
(c) Except by permission of the State Board, pursuant to Section 6(f) below, the format of the briefs filed shall be in accordance with Wyoming Rules of Appellate Procedure 7.05.
(d) Except by permission of the State Board, pursuant to Section 6(f) below, the addendum to the briefs shall be limited to the actual charter application presented to the district board and the written record, in accordance with Wyo. Stat. 16-3-107(o), of the district board's action. In accordance with Wyoming Rules of Appellate Procedure 3.01 through 3.09, the district board shall complete, designate, and transmit the record of the district board's action.
(e) All motions, including motions to exceed page limitations or to submit additional items in the addendum, shall be filed no later than ten (10) calendar days before the briefs are due.
(f) The State Board may refuse to accept and/or consider any briefs that do not comply with the above rules.
(a) For all hearings, the State Board may designate one of its members to act as the presiding officer, and/or make appropriate arrangements to secure the services of a hearing officer from the Office of Administrative Hearings, who will act as presiding officer over the hearing proceedings in accordance with Wyo. Stat. 9-2-2202(b) and Wyo. Stat. 16-3-112.
(b) A record of the hearing shall be kept in accordance with Wyo. Stat. 16-3-107(p).
(c) A quorum of the State Board will attend the public hearings held in accordance with Wyo. Stat. 21-3-310(b)(i) and (iv). The attendance of an individual board member may be via electronic conferencing, if necessary. However, no fewer than four (4) board members shall attend, in person, a public hearing required by Wyo. Stat. 21-3-310(b)(i) and (iv).
(d) At the hearings, each party shall have a maximum of thirty (30) minutes to summarize and clarify the brief presented to the State Board. The State Board may ask questions at any time during the hearing. At the beginning of the hearing, the appealing party shall designate the amount of time, if any, it wishes to reserve for rebuttal.
(e) The hearing shall proceed as follows:
(i) the party appealing shall present its oral argument;
(ii) at the conclusion of the oral argument by the appealing party, the respondent shall then present its oral argument;
(iii) the appealing party may then present its rebuttal argument, if any;
(iv) after both sides have presented their cases and the appealing party has presented its rebuttal, the presiding officer shall adjourn the hearing;
(v) the State Board shall make findings of fact and conclusions of law and provide an order in accordance with Wyo. Stat. 21-3-310(b)(i).
(a) If the State Board finds the district board's decision is in the best interest of the pupils, school district, and community, it shall uphold the district board's decision.
(b) If the State Board finds the district board's decision was contrary to the best interest of the pupils, school district, or community, the State Board shall remand such decision to the district board with written instructions for reconsideration thereof in accordance with Wyo. Stat. 21-3-310(b)(i).
(c) If, after a remand and subsequent decision of the district board, a party chooses to appeal that subsequent district board decision, a second notice of appeal may be filed with the State Board within thirty (30) days following such final decision.
(d) The second appeal will be governed by the rules for the first appeal as set forth above.
(e) Upon appeal after remand, if the State Board finds that the district board's decision was contrary to the best interests of the pupils, the school district, or community, the State Board shall remand the final decision to the district board with instructions in accordance with Wyo. Stat. 21-3-310(b)(iv). The decision of the State Board on second appeal constitutes final agency action. This final agency action is subject to review in accordance with Wyo. Stat. 16-3-114(c) and the Wyoming Rules of Appellate Procedure. The decision of the State Board may require changes to the contract to be executed by the charter school and the school district.
Section 10. Extension of Procedural Timelines. Parties to the appeal may request an extension of the procedural timelines for good cause. It is within the discretion of the State Board to grant or deny the request.
Section 11. Review of Charter Application on Its Own Motion. The appeal process may be initiated by the State Board, upon its own motion at any time. If the State Board moves to review a district board decision regarding charter schools, the State Board shall notify all affected parties of the reason for review, of the date, time, and location of the public hearing, and shall require the record of the school district regarding the matter and minutes of the action taken to be submitted by the district. In accordance with Wyo. Stat. 21-3-310(b)(i), findings and a decision on the State Board's own motion to review a charter school shall be rendered within sixty (60) days of the making of a motion to review by the State Board.
(a) In accordance with Wyo. Stat. 21-3-304(g), the State Board may waive state statutory requirements and rules promulgated by the State Board, except those statutes and rules relating to the assessments or standards required to be administered. Upon request of the charter applicant, the State Board shall provide summaries of such regulations and policies to use in preparing a charter school application and contract.
(b) The State Board will not consider waivers of state statutory requirements and rules promulgated by the State Board regarding state standards and assessments.
(c) Within ten (10) days after a charter school contract is approved by the school district, fifteen (15) copies of any request for release from state statutes and regulations, and all supporting documents and evidence, shall be delivered by the school district to the State Board at the Wyoming Department of Education, State Board of Education Chairman, 2300 Capitol Avenue, Hathaway Building, 2nd Floor, Cheyenne, Wyoming, 82002-0050. The State Board will accept electronic transmissions for a request for waiver, and of any supporting documents or evidence.
(d) The charter school applicant shall supply adequate written justification for a waiver of each statute and rule to enable the State Board to make a decision whether waiver is necessary to support one or more of the purposes stated in Wyo. Stat. 21-3-301 and in accordance with Wyo. Stat. 21-3-310(b)(i).
(e) In accordance with Wyo. Stat. 21-3-305, within forty-five (45) days after a request for release from state statutes and regulations is received by the State Board, the State Board shall either grant or deny the request. The State Board shall notify the school district and the charter school of its decision via certified mail, return receipt requested. If the State Board denies a request, the written notification shall specify the reasons for denial. If the school district and the charter school do not receive notice of the State Board's decision within forty-five (45) days after submittal of the request for release, the request shall be deemed granted. If the State Board denies a request for release that includes multiple state statutes or regulations for which the release is denied, the denial shall apply only to those state statutes and regulations as specified.
(f) Any waiver of state statutes or regulations by the State Board shall be subject to review every two (2) years and may be revoked if the waiver is deemed no longer necessary by the State Board.
(a) Complaints concerning charter schools shall be in writing, signed, and delivered to the district board in the district within which the charter school operates.
(b) Complaints concerning charter schools shall be investigated and resolved in accordance with procedures established by the district board.
(a) Each district board granting a charter, pursuant to Wyo. Stat. 21-3-301 et. seq., shall report to the State Board on an annual basis. Said report shall assure the State Board that students attending the charter school are receiving an education consistent with the educational opportunities available to all students within the school district. The report shall be received by the State Board on or before the 15th of October.
(b) The report to the State Board will include, at a minimum, a copy of the building report card for the charter school, including achievement data, in the format established by the Wyoming Department of Education; fiscal reports to the Department in a format established by the Department's Fiscal Unit; an annual accreditation report on WDE Form 605; a list of any complaints received by or about the charter school and the resolution of those complaints; and a copy of the district's accreditation report, when applicable.
Section 15. Accreditation. Pursuant to Wyo. Stat. 21-2-304 and Chapter 6, Wyoming State Board of Education Rules and Regulations, an approved charter school will be considered as any other public school within the approving school district for the purposes of accreditation and, therefore, in the absence of approved waivers by the State Board of Education, must abide by all accreditation requirements. The charter school's review will be conducted and reported as for each other public school's review within that district. The district will be responsible for all corrective actions required of the schools, including the charter school.
(a) Pursuant to and in accordance with the No Child Left Behind Act of 2001, Section 5206, and the Education Department General Administrative Regulations (EDGAR), 34 CFR Part 76, the local school district must provide to the charter school its share of federal allocation money, regardless of negotiations related to state and/or local funding. The district and the charter school will adhere to any other applicable federal statutory requirements and U.S. Department of Education guidance or regulations.
(b) The Wyoming Department of Education will invite all approved charter schools to compete in all federal formula grant competitions offered by the Department.