Wyo. Code R. 206-0002-48
General Agency, Board or Commission Rules
Chapter 48: Steamboat Legacy Scholarship
Effective Date: 03/06/2026 to Current
Rule Type: Current Rules & Regulations
Reference Number: 206.0002.48.03062026
Section 1. Authority. These rules are promulgated by the Wyoming State Superintendent of Public Instruction pursuant to Wyoming Statute 21-2-906(c).
(a) 'Account holder' means a parent/guardian who is approved by the Department to participate in the program, signs the parental agreement to comply with all requirements, and is designated and authorized to administer and manage the student's account. (W.S. 21-2-902(a)(v))
(b) 'Education savings account' or 'ESA' means the spending account for a child's education to which funds are allocated by the state superintendent of public instruction, for which a parent of an ESA student enters into an agreement with the state superintendent to choose and pay for qualifying education expenses to educate the ESA student, subject to the requirements and conditions of this act.
(c) 'Parent' means a resident of this state who is the parent or legal guardian of an eligible student or ESA student and may include an eligible student or ESA student who is an emancipated minor. (W.S. 21-2-902(a)(v))
(d) 'Education service provider' means a person or organization, including a qualified school, that receives payments authorized by a parent from education savings accounts to provide educational goods and services to ESA students;
(a) To participate in the program, a parent/guardian shall complete an application.
(b) An application shall consist of the form provided by the Department and:
(i) Evidence of income eligibility consisting of the following:
(A) Federal income tax returns from the previous year; or
(B) Other documents as determined by the Department.
(ii) Evidence of Wyoming residency documenting a physical address consisting of one (1) of the following:
(A) Two (2) Wyoming utility bills with a physical service address not more than ninety (90) days old from two (2) different companies, not including termination notices;
(B) Income tax records with a Wyoming physical address matching the address on the application;
(C) Proof of Wyoming home ownership, such as a warranty deed, mortgage document, or homeowner's insurance document;
(D) A valid Wyoming vehicle registration card;
(E) Residential rental or lease agreement;
(F) Proof of military duty assignment in Wyoming, or Wyoming state residency as active military personnel; or
(G) Proof of public assistance through a Wyoming state agency.
(iii) Evidence of student age consisting of one (1) of the following:
(A) A certified copy of the student’s birth certificate;
(B) A passport from any country; or
(C) Other documents deemed satisfactory by the Department.
(a) To participate in the program, a parent/guardian shall complete an application.
(b) An application shall consist of the form provided by the Department and:
(i) Evidence of Wyoming residency documenting a physical address consisting of one (1) of the following:
(A) Two (2) Wyoming utility bills with a physical service address not more than ninety (90) days old from two (2) different companies, not including termination notices;
(B) Income tax records with a Wyoming physical address matching the address on the application;
(C) Proof of Wyoming home ownership, such as a warranty deed, mortgage document, or homeowner's insurance document;
(D) A valid Wyoming vehicle registration card with a physical address;
(E) Residential rental or lease agreement;
(F) Proof of military duty assignment in Wyoming, or Wyoming state residency as active military personnel; or
(G) Proof of public assistance through a Wyoming state agency.
(ii) According to W.S. 21-2-904(a)(i) and (a)(ii) evidence of student age consisting of one (1) of the following:
(A) A certified copy of the student’s birth certificate;
(B) A passport from any country; or
(C) Other documents the Department determines are satisfactory.
(a) For the 2025-2026 school year and each following school year, the Department shall begin accepting applications no later than January 1 preceding the school year for which the ESA will be used.
(b) Current ESA accounts will be automatically renewed for the following year upon submission of a completed Renewal Form provided by the Department.
(a) Once the application is accepted for funding, a parent/guardian of an eligible student shall execute a parental agreement in the form and with provisions that the Department determines.
(b) Failure to adhere to any term in the parental agreement may be grounds for program ineligibility at the Department’s sole discretion.
(a) One (1) or more parents/guardians shall be designated as the account holder for an account. The account holder is authorized to manage and expend account funds in accordance with the parental agreement.
(b) If the account holder is unable to administer a student’s account for any reason, the account holder may request, in writing, to designate a secondary account holder at any time during the school year.
(i) The Department will approve a request if the designated secondary account holder meets eligibility criteria and signs the parental agreement.
(ii) All requirements that apply to an account holder also apply to a secondary account holder.
(c) The Department shall allow an account holder for multiple participating students in the same household to access all accounts through one (1) portal, provided that accounts remain separate and segregated.
(d) An account holder may only expend and manage funds for the student to whom the funds were allocated.
(e) Each ESA shall receive payments totaling no more than seven thousand dollars ($7,000.00) per year, deposited quarterly from the Steamboat Legacy Scholarship Program Account.
(f) The Department may authorize reimbursement for pre-approved payments to an education service provider or qualified educational expense made with non-account funds.
(i) In order to get pre-approved, the parent/guardian shall submit the pre-approval form provided by the Department.
(ii) If pre-approved, parent/guardian must apply for reimbursement within thirty (30) days of purchase.
(iii) Applications for reimbursement shall be on a Department-provided form.
(iv) Applications must include:
(A) An itemized receipt; and
(B) A written explanation of why reimbursement was necessary instead of using the ESA directly.
(v) The Department shall decide on a complete reimbursement request within fourteen (14) days of receipt.
(vi) A parent/guardian may request a review of the Department’s decision within fourteen (14) days.
(A) The Department shall convene a three (3) person review panel not involved in the initial decision.
(B) The panel shall decide within fourteen (14) days of receiving the parent/guardian request to review and notify all parties.
(C) The panel’s decision is final.
(g) Any unused funds at year-end shall carry forward as long as the student remains eligible.
(h) When an ESA account is closed, remaining funds shall be returned to the Steamboat Legacy Program Account by September 1 of the next cycle.
(a) All refunds shall be credited directly back to the account. No funds may be refunded, rebated, or shared with a parent/guardian or student.
(b) Refunds must be made within thirty (30) days of notification.
(c) If funds are used for a partial payment and the ESA student does not enroll, the provider shall refund within thirty (30) days of notice or program start, whichever is earlier.
(d) The Department shall suspend payments to any provider failing to comply with refund requirements until compliance is met.
(a) To participate in the program, an education service provider (ESP) shall complete an application in the form provided by the Department.
(b) K-12 ESP Certification.
(i) An applicant seeking to become a qualified school for K-12 students shall provide evidence that it is offering instruction in reading, writing, mathematics, civics, history, literature, and science.
(ii) The Department may verify that a certified ESP continues to comply with all statutory or rule requirements at any time.
(iii) Certified ESPs shall provide the Department with documentation or other compliance evidence, such as a verification phone call, virtual meeting, or in-person inspection within a reasonable time, as the Department determines, following the Department’s request.
(iv) An ESP that the Department does not approve may be terminated or placed on a corrective action plan as the Department determines.
(c) Pre-Kindergarten Certification.
(i) An applicant seeking to become a qualified school or facility for pre-kindergarten students shall provide evidence that it is offering instruction necessary for preparation to enter kindergarten.
(ii) An applicant seeking to become a qualified school or facility with a pre-kindergarten program shall maintain a Department of Family Services child care facility license if required to operate as a DFS licensed child care facility, or provide pre-kindergarten programming in a qualified private or public school.
(iii) An initial applicant providing services to pre-kindergarten students may receive provisional certification status for up to one (1) year.
(A) The Department shall conduct a certification review of the ESP’s conduct during the first year to evaluate program compliance.
(B) The Department shall confer full certification status if the ESP’s performance is acceptable.
(iv) An ESP not receiving Department approval may be terminated or placed on a corrective action plan as determined by the Department.
(d) Certification Approval.
(i) If the Department approves an ESP application, the ESP is certified to accept program funds.
(ii) A certified ESP receiving program funds may not be an immediate family member of the ESA student, including a parent, step-parent, grandparent, aunt, uncle, sibling, step-sibling, half-sibling, or first cousin.
(e) A certified ESP shall not refund, rebate, or share ESA funds with parents/guardians or ESA students in any manner, except that funds may be remitted or refunded to an ESA in accordance with procedures established by the Department.
(f) A certified ESP shall comply with all applicable ESA program statutes and rules.
(g) A certified ESP receiving or expecting to receive one hundred fifty thousand dollars ($150,000.00) or more annually in ESA funds shall file with the Department a surety bond in the amount equivalent to anticipated ESA revenue payable to the Department.
(i) An ESP that has received one hundred fifty thousand dollars ($150,000.00) or more in ESA funds in a year shall not receive additional funds unless it complies with the bonding requirement in this subsection.
(h) An ESP candidate is not eligible to receive funds if it requires an ESA student to sign a contract waiving the student’s right to transfer to another education service provider during the school year.
(i) A certified ESP not physically located in the United States but providing educational services to students within the United States must be registered as a foreign entity doing business in at least one (1) state within the United States.
(ii) Providers operating outside of the United States and not registered as a foreign entities doing business within the United States are not eligible for certification under this program.
(a) Additional expenses may be allowed only if they are approved by the State Superintendent, or his or her designee, through an application prescribed by the Department and available on the program website.
(b) The Department may allow expenses in addition to those provided in W.S. 21-2-904(b)(i)(A)–(Q).
(c) An account holder may apply for approval in a form and manner that the Department provides.
(d) The Department may add a list of additional permitted and unpermitted expenses to increase transparency and decrease the number of additional approval requests.
(e) Requests that the Department approve an additional expense shall be evaluated according to the following factors:
(i) Whether the expense is statutorily allowable;
(ii) Whether the product or service is reasonable and ordinarily used in education;
(iii) Whether the product or service supports or enhances student learning or educational outcomes; and
(iv) Whether the product or service cost is ordinary or typical compared to similar available products or services.
(a) An ESA student shall take the statewide assessments administered pursuant to W.S. 21-2-304(a) or a nationally normed achievement exam. School districts shall allow ESA students to participate in statewide standardized testing alongside public school students.
(a) The Department may decertify an ESP due to noncompliance with the requirements that apply to education service providers in W.S. 21-2-901 through W.S. 21-2-909 or these rules.
(b) An ESP shall provide any records or documents, or answer questions posed by the Department, at the Department's request.
(c) The Department shall notify parents/guardians within thirty (30) days of the decertification of an ESP.
(d) The Department shall post a list of all certified and decertified ESPs on the program website.
(e) The Department shall decertify any ESP that does not accept ESA students for a period of one (1) year.
(f) ESPs decertified under this section may apply for certification at any time following decertification in the same manner and under the same requirements as any other ESP.
(a) Any person may anonymously submit information regarding misuse of account funds or misrepresentation concerning the program.
(b) Individuals may notify the Department of any alleged violation by an account holder or ESP of state laws, rules, or procedures relating to the program.
(c) The Department shall establish an anonymous electronic form and telephone hotline for reporting.
(a) The Department shall formally open an investigation when it has reasonable suspicion to believe that:
(i) Any parent/guardian or ESP has intentionally and substantially misused ESA funds;
(ii) Any ESP has routinely failed to provide students with required educational goods or services; or
(iii) Any ESP has intentionally and substantially misrepresented information to a parent/guardian or the Department.
(b) The Department shall notify the parent/guardian or ESP of the investigation and provide a brief summary of the suspected improper conduct.
(i) The parent/guardian or ESP may respond to this notice within twenty (20) days after the Department sends it.
(ii) Nothing in this section prohibits the Department from further communicating with the parent/guardian or ESP as necessary to conduct its investigation.
(c) If the Department determines that a parent/guardian engaged in intentional and substantial misuse of funds, it shall terminate the ESA and order that the responsible parent/guardian repay misused funds.
(d) If the Department determines that an ESP engaged in intentional and substantial misrepresentation or routinely failed to provide students with required educational goods or services, it will terminate the ESP’s certification. In addition, the Department shall order that the ESP repay any funds either acquired because of the misrepresentation or that were paid for goods or services that the ESP did not deliver.
(e) If the Department determines that an unintentional misuse of funds occurred, it may require that a parent/guardian or ESP refund the misused funds to the ESA.
(f) Any parent/guardian aggrieved by the Department’s investigation determination may request a contested case hearing as provided by the Department’s General Agency, Board or Commission Rules, Chapter 3, Section 2.