HB 123

 2026  26LSO-0321
                          STATE OF WYOMING
                          HOUSE BILL NO. HB0123
 Education savings accounts.
 Sponsored by: Representative(s) Clouston, Andrew, Davis and
                Larson, JT and Senator(s) Boner
                                    A BILL
                                     for
1 AN ACT relating to education; authorizing education savings
2 accounts; creating the  Wyoming education savings account
3 expenditure account; providing for a transfer of funds to
4 the Wyoming education savings accounts expenditure account;
5 providing    for   the    use     and       administration   of   education
6 savings accounts for education; specifying duties of the
7 state   superintendent       of     public       instruction;     providing
8 rulemaking     authority;  making        conforming      amendments;
9 providing appropriations; authorizing full-time positions;
10 repealing provisions; providing a contingent effective date
11 pending certification by the governor of actions of the
12 Wyoming supreme court; and providing for an effective date.
13
14 Be It Enacted by the Legislature of the State of Wyoming:
15
                                         1  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1Section      1.    W.S.   21-2-1001     through      21-2-1010     are
2 created to read:
3
4ARTICLE 10
5WYOMING EDUCATION SAVINGS ACCOUNTS ACT
6
721-2-1001.        Short title.
8
9 This act shall be known as the "Wyoming Education Savings
10 Accounts Act." The program created by this act shall be
11 known as the "ESA program."
12
1321-2-1002.        Definitions.
14
15(a)   As used in this act:
16
17(i)    "Curriculum"       means   a   course    of   study   for
18 content areas or grade levels, including any supplemental
19 materials required or recommended by the course of study;
20
21(ii)    "Education savings account" or "ESA" means
22 the spending account for an eligible student's education
23 where funds are allocated by the state superintendent of
                                    2  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 public instruction, where a parent of an ESA student enters
2 into an agreement with the state superintendent to choose
3 and pay for qualifying education expenses to educate the
4 ESA student, subject to the requirements and conditions of
5 this act;
6
7(iii)    "Education        service     provider"        means   a
8 person or organization, including a qualified school, that
9 receives    payments    authorized      by   a    parent    from    education
10 savings accounts to provide educational goods and services
11 to ESA students;
12
13(iv)    "ESA student" means a student eligible for
14 an ESA pursuant to W.S. 21-2-1004(a) who is participating
15 in the ESA program;
16
17(v)     "Expenditure       account"     means     the     Wyoming
18 education savings account expenditure account created  by
19 this act;
20
21(vi)    "Parent" means a resident of this state who
22 is the parent or legal guardian of an eligible student or
23 ESA student and may include an eligible student not less
                                    3  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 than eighteen (18) years of age or an ESA student who is an
2 emancipated minor;
3
4(vii)     "Pre-kindergarten"  means   an    educational
5 program with the primary goal of preparing children for
6 kindergarten that provides not more than one (1) school
7 year of education prior to entry into kindergarten;
8
9(viii)        "Qualified  school"  means  a
10 pre-kindergarten or a nonpublic primary or secondary school
11 certified by the state superintendent of public instruction
12 pursuant    to     W.S.    21-2-1006(a)  and    located      in   or   that
13 provides     education       services      in     this     state.    "Qualified
14 school"    may   include      instruction        provided     through      online
15 means;
16
17(ix)     "This    act"       means    W.S.     21-2-1001       through
18 21-2-1010.
19
2021-2-1003.     Education  savings  accounts;  Wyoming
21 education savings accounts expenditure account.
22
                                      4  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(a)    The total amount to be deposited in an education
2 savings      account    for     an    ESA    student     each    year      shall    be
3 determined by the student's household income compared to
4 the federal poverty levels, using the most recent federal
5 poverty      guidelines       for    the    student's    household  size    and
6 income, as follows:
7
8(i)     Six     thousand        dollars       ($6,000.00)  for
9 students whose household income is at or below one hundred
10 fifty percent (150%) of the federal poverty level;
11
12(ii)     Four     thousand  eight      hundred  dollars
13 ($4,800.00) for students whose household income is at or
14 below two hundred percent (200%) of the federal poverty
15 level but more than one hundred fifty percent (150%) of the
16 federal poverty level;
17
18(iii)     Three        thousand      six      hundred  dollars
19 ($3,600.00) for students whose household income is at or
20 below   two     hundred       fifty    percent    (250%)        of   the    federal
21 poverty level but more than two hundred percent (200%) of
22 the federal poverty level;
23
                                        5  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(iv)    Three     thousand    dollars        ($3,000.00)       for
2 students       whose   household     income      is    at   or    below     three
3 hundred percent (300%) of the federal poverty level but
4 more than two hundred fifty percent (250%) of the federal
5 poverty level.
6
7(b)     Payments to ESAs under this act shall be made by
8 the    state    superintendent      of    public      instruction     from   the
9 expenditure       account,        which     is     hereby        created.    The
10 expenditure account shall consist of funds transferred to
11 it and other funds appropriated by the legislature. All
12 earnings from investment of the expenditure account shall
13 be credited to the expenditure account. Any unencumbered,
14 unobligated balance of the expenditure account at the end
15 of each fiscal year shall not revert but shall remain in
16 the expenditure account and shall be expended to fund ESAs
17 as provided by this act.
18
19(c)     Payments to each approved ESA shall be disbursed
20 on a quarterly basis by the state superintendent.
21
2221-2-1004.       ESA program eligibility; parent agreement;
23 ESA administration.
                                      6  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1
2(a)    Subject to the availability and appropriation of
3 funds as determined by the legislature, any child who is a
4 Wyoming      resident,    who   meets       one   (1)    of    the    following
5 qualifications, and subject to W.S. 21-2-1003(a), shall be
6 eligible to receive an ESA subject to the provisions of
7 this act:
8
9(i)    The child has not graduated from high school
10 or received a high school equivalency certificate and is
11 eligible to attend a public school in this state; or
12
13(ii)     The child is not less than four (4) years
14 of age as of August 1 of the year in which the application
15 for an ESA is made and is not yet eligible or ready to
16 attend kindergarten in this state.
17
18(b)    To participate in the ESA program, the parent of
19 an   ESA     student    shall   sign   an    agreement        with    the    state
20 superintendent that:
21
22(i)    Requires    use    of    the   ESA       funds    for    the
23 following qualifying expenses to educate the ESA student:
                                    7  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1
2(A)   Tuition and fees at a qualified school;
3
4(B)   Tutoring services provided by a person
5 or a tutoring facility. The tutoring services shall not be
6 provided by an ESA student's immediate family;
7
8(C)   Services contracted for and provided by
9 a public school district, including services provided by a
10 public charter school. Services under this subparagraph may
11 include,    without   limitation,        individual       classes     and
12 extracurricular activities and programs;
13
14(D)   Textbooks,  curriculum       and       other
15 instructional materials, including, but not limited to, any
16 supplemental   materials   or       associated   online    instruction
17 required by either a curriculum or an education service
18 provider;
19
20(E)   Computer  hardware  or        other
21 technological devices that are primarily used to help meet
22 an ESA student's educational needs;
23
                                 8  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(F)   Educational software and applications;
2
3(G)   School uniforms;
4
5(H)   Fees   for    nationally     standardized
6 assessments, advanced placement examinations, examinations
7 related to college or university admission and tuition and
8 fees for preparatory courses for the exams;
9
10(J)   Tuition and fees for summer education
11 programs and specialized after school education programs;
12
13(K)   Tuition, fees, instructional materials
14 and examination fees at a career or technical school;
15
16(M)   Educational   services     and   therapies
17 including, but    not limited to,    occupational, behavioral,
18 physical, speech-language and audiology therapies;
19
20(N)   Tuition and fees at an institution of
21 higher education;
22
                               9  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(O)    Fees   for       transportation    paid     to     a
2 fee-for-service transportation provider for the student to
3 travel to and from an education service provider;
4
5(P)    Any other educational expense approved
6 by the state superintendent.
7
8(ii)    For   students        found   eligible   for     an    ESA
9 under paragraph (a)(i) of this section, the student shall:
10
11(A)    Receive        instruction   in,   at    minimum,
12 reading, writing, mathematics, civics, including studies of
13 the United States constitution and the constitution of the
14 state   of   Wyoming,      history,        literature   and   science.       No
15 parent shall be required to allow their child to receive
16 any instruction that conflicts with the parent's or child's
17 religious doctrines;
18
19(B)    Take       the       statewide      assessments
20 administered pursuant to W.S. 21-2-304(a) or a nationally
21 recognized achievement exam;
22
                                      10  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(C)     Certify that the ESA student is not, or
2 will   not    be,   enrolled       in     a public school district  upon
3 receipt      of   the     ESA    and     release     the    applicable    school
4 district from all obligations to educate the ESA student.
5 This subparagraph shall not:
6
7(I)     Require     an    eligible      student      to
8 withdraw from a public school district before applying for
9 or   receiving      an    ESA     if    the   student      withdraws    from    the
10 public school district before receiving or expending any
11 monies in the student's ESA;
12
13(II)       Prevent a qualified student from
14 applying in advance for an ESA to be funded beginning the
15 following school year; or
16
17(III)       Prevent a public school district
18 from   charging      an    ESA     for    any   services      provided    to    the
19 qualified student to the extent authorized by law.
20
21(c)    Funds in an ESA shall not be refunded, rebated or
22 shared with a parent of an ESA student in any manner. Any
                                          11  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 refund or rebate for goods or services purchased with ESA
2 funds shall be credited directly to the student's ESA.
3
4(d)    Parents       may     make     payments  for     costs     of
5 educational goods and services not covered by the funds in
6 the    ESA.    Personal     deposits       into    an   ESA    shall      not   be
7 permitted.
8
9(e)    An ESA shall remain active and any unused funds
10 shall not revert until the parent withdraws the ESA student
11 from the ESA program or until the ESA student is no longer
12 eligible for       the   ESA      program,   unless     the    ESA    is closed
13 because of a substantial misuse of funds. When an ESA is
14 closed,      any   unused    funds     shall      revert   to       the   Wyoming
15 education savings accounts expenditure account.
16
17(f)    Nothing in this act shall be construed to require
18 an ESA student to be enrolled, full-time or part-time, in a
19 nonpublic school.  An ESA student receiving individualized
20 instruction in a nonschool setting shall not be construed
21 to    be a    student of       a home-based       educational program as
22 defined in W.S. 21-4-101(a)(v).
23
                                      12  HB0123
 2026  STATE OF WYOMING  26LSO-0321
121-2-1005.        Application, award and allocation of ESAs.
2
3(a)   A parent may apply to the state superintendent of
4 public    instruction       to    establish    an   ESA      for   an   eligible
5 student.
6
7(b)   The     state        superintendent  shall  establish
8 procedures    for    approving       applications       in    an   expeditious
9 manner.
10
11(c)   The state superintendent shall create a standard
12 form that parents may submit to establish their student's
13 eligibility for the ESA program and shall ensure that the
14 application form is publicly available and that completed
15 applications       may    be     submitted    through     various       sources,
16 including the internet.
17
18(d)   Except as provided under subsection (e) of this
19 section,     the     state       superintendent      shall  approve     an
20 application for an ESA if:
21
                                      13  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(i)     The parent submits an application for an ESA
2 in accordance with application procedures  established by
3 the state superintendent;
4
5(ii)    The student is an eligible student pursuant
6 to W.S. 21-2-1004(a);
7
8(iii)     Funds are available for the ESA; and
9
10(iv)    The       parent    signs        an    agreement    with     the
11 state superintendent as provided in W.S. 21-2-1004(b).
12
13(e)   Except as provided under this subsection, eighty
14 percent (80%) of  the    ESAs        shall    be awarded to students
15 eligible pursuant to W.S. 21-2-1004(a)(i) and the remaining
16 twenty percent (20%) shall be awarded to students eligible
17 pursuant     to    W.S.    21-2-1004(a)(ii)  each    year.    Any   funds
18 allocated under this subsection for the award of ESAs to
19 students eligible pursuant to W.S.  21-2-1004(a)(ii) that
20 are    not   awarded      in    any   school  year    may   be   awarded    to
21 students eligible pursuant to W.S. 21-2-1004(a)(i). If the
22 number of applications for ESAs exceeds the available funds
23 for any school year, the students shall be selected on a
                                         14  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 first-come, first-served basis, except preference shall be
2 given to an eligible student who received funds under the
3 ESA program in the immediately preceding school year.
4
5(f)    For    students       eligible  for   an     ESA    under       W.S.
6 21-2-1004(a)(i), the following shall apply:
7
8(i)    A signed       agreement between the  parent    and
9 state superintendent under W.S. 21-2-1004(b) shall satisfy
10 the    compulsory  school        attendance      requirements  of     W.S.
11 21-4-102      and        the    parent        shall     annually  provide      the
12 student's resident public school district notice of intent
13 to participate in the ESA program;
14
15(ii)       Upon notice to the state superintendent, an
16 ESA student may choose to stop receiving an ESA and enroll
17 full-time     in     a    public    school.       Enrolling        as    a    full-time
18 student in a public school shall result in the immediate
19 suspension of payment of additional funds to the student's
20 ESA and the state superintendent may close the ESA. If an
21 eligible     student       applies       to    the    state      superintendent  to
22 return   to    the       ESA    program,       payments     into     the      student's
23 existing      ESA    may       resume    if    the    ESA     is   still      open    and
                                          15  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 active.      A    new    ESA   may     be       established  if   an     eligible
2 student's ESA was closed;
3
4(iii)       The state superintendent may adopt rules
5 and    policies to        provide     a        process      for       ESA students       who
6 choose       to    withdraw     from        the       ESA        program     and    enroll
7 full-time in a public school.
8
921-2-1006.  Duties     of        the    state        superintendent  of
10 public    instruction  to   administer  the       education       savings
11 accounts program.
12
13(a)       The   state   superintendent  of    public     instruction
14 shall:
15
16(i)       Establish      a        certification  process      for
17 education service providers, that shall, at minimum, ensure
18 ESA    students attending  qualified  schools in kindergarten
19 through grade twelve (12) receive instruction in reading,
20 writing,      mathematics,  civics,  including  studies      of   the
21 United    States        constitution  and    the    constitution  of   the
22 state of Wyoming, history, literature and science and for
23 pre-kindergarten  ensure    ESA        students  at    minimum     receive
                                           16  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 instruction  necessary  for  preparation  to  enter
2 kindergarten;
3
4(ii)    Maintain       a        list     of   certified        education
5 service      providers      and    ensure        the    list    is     available  to
6 parents      of    ESA     students.  The    list      shall    enable  the
7 education     service      provider       to     indicate       if   the     education
8 service provider is accepting new ESA students;
9
10(iii)      Provide parents with a written explanation
11 of     the        qualified        expenses  for       ESA     funds,  the
12 responsibilities of parents and the duties of the state
13 superintendent  related     to        administration  of        the     ESA
14 program;
15
16(iv)    For students eligible for an ESA under W.S.
17 21-2-1004(a)(i), ensure that parents of ESA students with
18 disabilities receive notice that participation in the ESA
19 program is a parental placement under 20 U.S.C. § 1412,
20 Individuals with Disabilities Education Act (IDEA), along
21 with an explanation of the rights that parentally placed
22 students possess under IDEA and any applicable state laws
23 and regulations;
                                          17  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1
2(v)     If     determined  necessary       by      the     state
3 superintendent,  contract    with       one     (1)    or     more    private
4 organizations  to     administer       the    ESA    program       or    specific
5 functions of the ESA program including, without limitation,
6 contracting  with    private     financial  management  firms   to
7 manage   ESAs.        The     state    superintendent  shall    comply     with
8 applicable       procurement  statutes       and    rules       in     securing
9 services under this paragraph;
10
11(vi)     Implement  a       commercially  viable,
12 cost-effective  and    user-friendly  system       for     payment     of
13 services       from     ESAs     to     education        service  providers     by
14 electronic      or     online     funds       transfer.      The       payment   system
15 shall    not    rely        exclusively       on    requiring  parents    to   be
16 reimbursed for out-of-pocket expenses. The payment system
17 shall      provide  maximum      flexibility  to     parents       by
18 facilitating direct payments to education service providers
19 as well as requests for pre-approval of and reimbursements
20 for qualifying expenses listed in W.S. 21-2-1004(b)(i). The
21 state      superintendent  may  contract  with      private
22 organizations to develop the payment system;
23
                                         18  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(vii)    Continue      certifying  deposits     into    a
2 student's ESA until:
3
4(A)    The   state      superintendent  determines
5 that the ESA student is no longer an eligible student;
6
7(B)    The   state      superintendent  determines
8 there   was    an     intentional    and     substantial     misuse    of    the
9 funds in the ESA;
10
11(C)    The ESA student withdraws from the ESA
12 program; or
13
14(D)    The ESA student enrolls full-time in a
15 public school.
16
17(viii)       Conduct or contract for the auditing of
18 individual ESAs and shall at a minimum conduct or contract
19 for audits of not less than two percent (2%) of all ESAs,
20 selected randomly, on an annual basis;
21
22(ix)     Investigate        reports   of     intentional       and
23 substantial misuse of ESA funds and prohibit an eligible
                                      19  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 ESA     student    from       receipt     of   ESA     funds        if    the     state
2 superintendent  determines      that    the    ESA     student  or   ESA
3 student's    parent  intentionally     and     substantially  misused
4 ESA funds. The state superintendent shall by rule create
5 procedures        to    ensure     that    a    fair       process        exists     to
6 determine whether an intentional and substantial misuse of
7 ESA funds has occurred. The state superintendent shall have
8 the authority to refer suspected cases of intentional and
9 substantial misuse of ESA funds to the attorney general for
10 investigation if evidence of fraudulent use of ESA funds is
11 obtained;
12
13(x)        Establish    rules      to    prohibit        an    education
14 service provider from accepting payments from ESAs if the
15 state     superintendent  determines  the     education  service
16 provider has:
17
18(A)    Intentionally  and  substantially
19 misrepresented  information       or        failed     to        refund      any
20 overpayments in a timely manner; or
21
22(B)    Routinely     failed     to     provide       students
23 with required educational goods or services.
                                      20  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1
2(xi)    Notify parents and ESA students within ten
3 (10) business days if the state superintendent prohibits an
4 education service provider from receiving ESA funds under
5 paragraph (x) of this subsection;
6
7(xii)    Students     eligible      for   an ESA     under W.S.
8 21-2-1004(a)(i) shall participate in statewide assessments
9 administered pursuant to W.S. 21-2-304(a). The results of
10 the statewide assessments taken by ESA students shall be
11 compiled      to     analyze    student     proficiency  and     academic
12 progress,      including       an   analysis      of     graduation       rates,
13 proficiency and progress based on grade level. The results
14 of the analysis under this paragraph shall be included in
15 the annual report required pursuant to W.S. 21—2-204(k).
16
17(b)    If an education service provider requires partial
18 payment of tuition or fees prior to the start of the school
19 year to reserve space for an ESA student admitted to the
20 education service provider, the state superintendent  may
21 certify      the   partial     payment    prior    to    the     start    of   the
22 school year in which the ESA is awarded and deduct that
23 amount from subsequent quarterly ESA deposits. If an ESA
                                     21  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 student decides not to use the education service provider,
2 the partial payment made under this subsection shall be
3 returned      to     the    state   superintendent  by    the   education
4 service provider and credited to the student's ESA.
5
6(c)    The state superintendent may adopt rules that are
7 consistent with this act and that are necessary for its
8 administration including rules:
9
10(i)     Establishing  or     contracting  for     the
11 establishment  of     an   online        anonymous     fraud     reporting
12 service;
13
14(ii)     Establishing an anonymous telephone hotline
15 for fraud reporting;
16
17(iii)        Requiring   a     surety    bond       for   education
18 service      providers       receiving      more   than     one    hundred    fifty
19 thousand dollars ($150,000.00) in ESA funds; and
20
21(iv)     Establishing  a    procedure        for   refunding
22 payments from education service providers to ESAs.
23
                                        22  HB0123
 2026  STATE OF WYOMING  26LSO-0321
121-2-1007.      Education service providers.
2
3(a)    Before     receiving      payment     from        an     ESA,       a
4 prospective education service provider shall:
5
6(i)    Be certified by the state superintendent of
7 public instruction pursuant to W.S. 21-2-1006(a) to receive
8 payments from ESAs;
9
10(ii)     Agree not to refund, rebate or share ESA
11 funds with parents or ESA students in any manner, except
12 that   funds    may     be   remitted    or   refunded     to    an        ESA   in
13 accordance      with     procedures      established       by        the    state
14 superintendent.
15
16(b)    Nothing in this act shall be deemed to limit the
17 independence or autonomy of an education service provider
18 or to make the actions of an education service provider the
19 actions of state government or public school district.
20
21(c)    Education      service    providers      shall  be     given
22 maximum      freedom    to   provide    instruction    and      services  in
                                   23  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 their usual and customary manner to meet the educational
2 needs of ESA students.
3
4(d)   An        education     service      provider      that     accepts
5 payment from an ESA pursuant to this act is not an agent of
6 the    state      or     federal    government        or   a    public   school
7 district.
8
9(e)   Nothing in this act shall be construed to expand
10 the regulatory authority of the state, its officers or any
11 school    district        to    impose     any   additional     regulation   of
12 education       service        providers     beyond    those     necessary   to
13 enforce the requirements of the ESA program.
14
15(f)   Unless a direct conflict with this act exists, an
16 education service provider shall not be required to alter
17 its    creed,     practices,       admission     policy    or   curriculum   to
18 accept payments authorized by a parent from an ESA.
19
2021-2-1008.        Responsibilities        of    public     schools    and
21 school districts.
22
                                       24  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 A public school or school district that previously enrolled
2 an ESA student shall provide an education service provider
3 that has enrolled the ESA student with a complete copy of
4 the    ESA    student's        school     records     as       necessary,  while
5 complying with 20 U.S.C. § 1232g, the Family Educational
6 Rights and Privacy Act of 1974.
7
821-2-1009.      Legal liability.
9
10 No     liability     shall      arise     on    the   part       of     the       state
11 superintendent of public instruction or the state or any
12 public school or school district based on the award of or
13 use of an ESA pursuant to this act.
14
1521-2-1010.      Contingent effective date; sunset date.
16
17(a)    This act shall be effective five (5) days after
18 the date that the governor, on advice from the attorney
19 general,      certifies      to   the     secretary       of    state      that     the
20 Wyoming      supreme    court     has     found    that    monetary  deposits
21 provided     to    education      savings      accounts        for   ESA    students
22 pursuant      to     W.S.       21-2-903       are    unconstitutional  or
23 unenforceable.  After      receiving       certification  from     the
                                      25  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 governor     under      this    subsection,   the     secretary      of   state
2 shall report that fact to the management council of the
3 legislature and the joint education interim committee and
4 shall immediately publish the effective date of this act on
5 the     website    of    the     secretary    of    state's    office.     The
6 publication under this subsection shall also provide that
7 W.S. 21-2-901 through 21-2-909 are repealed on that date.
8
9(b)     This act shall not be effective if the attorney
10 general certifies to the governor that the Wyoming supreme
11 court    has    found     that    the    provisions    of     W.S.   21-2-901
12 through 21-2-909 shall be upheld or are unconstitutional or
13 unenforceable for a reason other than the monetary deposits
14 provided to education savings accounts.
15
16Section    2.     W.S.    21-2-901,    21-4-102(d),       21-4-301(b)
17 and 21-13-310(a)(ix) are amended to read:
18
1921-2-901.       Short title; sunset date.
20
21(a)     This act shall be known as the "Steamboat Legacy
22 Scholarship Act." The program created by this act shall be
23 known as the "ESA program."
                                     26  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1
2(b)     This act shall be repealed five (5) days after
3 the    date    that      the    governor,  on    advice       of    the   attorney
4 general,       certifies        to    the       secretary       of    state      that   the
5 Wyoming       supreme        court    has       found    that    monetary        deposits
6 provided      to    education        savings       accounts  for   ESA   students
7 pursuant       to       W.S.       21-2-903        are        unconstitutional  or
8 unenforceable.
9
1021-4-102.  When        attendance  required;  exemptions;
11 withdrawal.
12
13(d)     A    child        participating  in      the       ESA    program
14 specified by pursuant to W.S. 21-2-901 or 21-2-1001 through
15 21-2-1010,  if    effective,  and        who    provides        notice    of
16 participation  in   the     ESA    program      to     the    child's     school
17 district      shall      be     deemed      to    be    in    compliance  with   the
18 compulsory attendance requirement under this section.
19
2021-4-301.  Schools to be free and accessible to all
21 children; minimum school year.
22
                                            27  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1(b)     A parent, guardian or other person having control
2 or charge of any child eligible to attend public school in
3 Wyoming under subsection (a) of this section shall have the
4 option to apply for the ESA program specified by under W.S.
5 21-2-901 or 21-2-1001 through 21-2-1010, if effective, on
6 behalf of the child.
7
821-13-310.  Annual computation of district revenues.
9
10(a)     To ensure revenues available to each district are
11 uniformly sufficient to enable compliance with the uniform
12 standards for  educational programs prescribed under  W.S.
13 21-9-101       and     21-9-102        and     to      secure      state     board
14 accreditation  of        educational  programs       under      W.S.
15 21-2-304(a)(ii),  the     revenues        specified       under     this
16 subsection  shall    be    deemed    state    revenues      and    shall   be
17 considered in determining the amount to be distributed to
18 each district under W.S. 21-13-311. A district shall make
19 an annual computation of the following revenues:
20
21(ix)    The amount of tuition paid to the district
22 during       the    previous      school     year,    including      any    amount
23 charged      under    W.S.       21-4-501    and    any   amount    assessed      in
                                       28  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 excess of the costs incurred for adult education programs,
2 summer     school       programs,       programs        provided        under      an
3 agreement for cooperative educational programs under W.S.
4 21-20-101    through      21-20-111      and    any    amount       assessed     for
5 programs and services for children with disabilities, but
6 excluding    any     tuition     assessed        by    a    district       for   the
7 provision of virtual education programs to  participating
8 students pursuant to W.S. 21-13-330, any tuition assessed
9 by a district for the provision of part-time educational
10 programs     to     participating        students  pursuant       to    W.S.
11 21-2-904(b)(i)(C) or 21-2-1004(b)(i)(C), if effective, and
12 21-4-502(c), any revenues received by a district from post
13 secondary    education      option       programs      provided        under     W.S.
14 21-20-201 or for the provision of educational programs to a
15 nonresident student placed in a juvenile detention facility
16 pursuant to an agreement with the student's resident school
17 district;
18
19Section     3.    There     is     appropriated  forty       million
20 dollars    ($40,000,000.00)  from    the       general       fund    to    the
21 education savings accounts expenditure account created by
22 W.S.   21-2-1003(b)       for    purposes       of    the    Wyoming    education
23 savings     accounts      program.       This    appropriation  shall      be
                                     29  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 subject to the terms of W.S. 21-2-1003(b). If the state
2 superintendent determines it is necessary, not more than
3 three    percent  (3%)    of    the      funds      appropriated       by     this
4 section      may        be     withheld        to    pay     for     the     costs     of
5 administering the ESA program.  This appropriation shall
6 not be transferred or expended for any other purpose.  It
7 is the intent of the legislature that this appropriation be
8 included in the standard budget of the Wyoming department
9 of     education  for     the      immediately  succeeding  fiscal
10 biennium.
11
12Section 4.
13
14(a)   The department of education is authorized two (2)
15 full-time employees for the purposes of this act. There is
16 appropriated  four      hundred  eighty      thousand  dollars
17 ($480,000.00) from the general fund to the department of
18 education     for       the     salary    and       benefits    of    the    positions
19 created by this subsection. This appropriation shall be for
20 the period beginning with the effective date of this act
21 and ending June 30, 2028. This appropriation shall not be
22 transferred        or    expended        for    any     other      purpose    and    any
23 unexpended,  unobligated  funds  remaining  from      this
                                          30  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 appropriation shall revert as provided by law. If this act
2 becomes effective, it is the intent of the legislature that
3 this appropriation and these positions be included in the
4 department      of     education's       standard      budget       for   the
5 immediately succeeding fiscal biennium.
6
7(b)   There     is   appropriated        four   hundred      thousand
8 dollars      ($400,000.00)       from    the    general      fund    to   the
9 department     of     education    for    contractual       services      (900
10 series) necessary to implement this act. This appropriation
11 shall be for the period beginning with the effective date
12 of this act and ending June 30, 2028. These funds shall not
13 be transferred or expended for any other purpose and any
14 unexpended,  unobligated     funds       remaining       from      this
15 appropriation shall revert as provided by law. If this act
16 becomes effective, it is the intent of the legislature that
17 this   appropriation for  contractual     services     (900 series)
18 necessary     to     implement    this    act     be   included      in   the
19 department      of     education's       standard      budget       for   the
20 immediately succeeding fiscal biennium.
21
22(c)   The department of education shall report annually
23 on or before September 1 to the joint education interim
                                    31  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1 committee on the expenditures from the appropriation under
2 subsection (b) of this section.
3
4Section   5.   The   state   superintendent   of   public
5 instruction shall adopt rules and take other actions as
6 necessary to enable students to enroll in the ESA program
7 created by this act for school year 2027-2028. The state
8 superintendent shall begin accepting applications for the
9 ESA program not later than January 1, 2027.
10
                               32  HB0123
 2026  STATE OF WYOMING  26LSO-0321
1Section 6.        This act shall be effective five (5) days
2 after    the     date     that    the    governor,      on   advice      from     the
3 attorney general, certifies to the secretary of state that
4 the Wyoming supreme court has found that monetary deposits
5 provided    to      education     savings       accounts     for   ESA    students
6 pursuant       to     W.S.       21-2-903       are     unconstitutional  or
7 unenforceable.  After    receiving       certification  from    the
8 governor    under        this    subsection,      the    secretary       of     state
9 shall report that fact to the management council of the
10 legislature and the joint education interim committee and
11 shall immediately publish the effective date of this act on
12 the     website     of    the     secretary      of     state's    office.       The
13 publication under this subsection shall also provide that
14 W.S. 21-2-901 through 21-2-909 are repealed on that date.
15
16(END)
                                         33  HB0123