SEC. 6. School funds deemed trust funds; investment.-All funds belonging to the state for public school purposes, the interest and income of which only are to be used, shall be deemed trust funds in the care of the state, which shall keep them for the exclusive benefit of the public schools. The legislature shall provide by law for the investment of such trust funds.

This section was amended by resolutions adopted by the 1915 and 1969 legislatures. The latest amendment was ratified by a vote of the people at the general election held November 3, 1970, and proclaimed in effect on December 3, 1970.

SEC. 7. Application of school funds.-The income arising from the funds mentioned in the preceding section, together with all the rents of the unsold school land and such other means as the legislature may provide, shall be exclusively applied to the support of free schools in every county in the state.

SEC. 8. Distribution of school funds.-Provision shall be made by general law for the equitable distribution of such income among the several counties according to the number of children of school age in each; which several counties shall in like manner distribute the proportion of said fund by them received respectively to the several school districts embraced therein. But no appropriation shall be made from said fund to any district for the year in which a school has not been maintained for at least three months; nor shall any portion of any public school fund ever be used to support or assist any private school, or any school, academy, seminar, college or other institution of learning controlled by any church or sectarian organization or religious denomination whatsoever.

Public Indebtedness (art. 16).

SEC. 6. Loan of credit; donations prohibited; works of internal improvement.— Neither the state nor any county, city, township, town, school district, or any other political sub-division, shall loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessary support of the poor, nor subscribe to or become the owner of the

capital stock of any association or corporation. The state shall not engage in any work of internal improvement unless authorized by two-thirds vote of the people.

Tax Exemptions For Nonpublic Schools

Taxation and Revenue (art. 15).

SEC. 12. Exemptions from taxation.-The property of the United States, the state, counties, cities, towns, school districts and municipal corporations, when used primarily for a governmental purpose, and public libraries, lot with the buildings thereon used exclusively for religious worship, church parsonages, church schools and public cemeteries, shall be exempt from taxation, and such other property as the legislature may by general law provide.

Miscellaneous

Declaration of Rights (art. 1).

SEC. 23. Education.—The right of the citizens to opportunities for education should have practical recognition. The legislature shall suitably encourage means and agencies calculated to advance the sciences and liberal arts.

Education (art. 7).

SEC. 9. Taxation for schools.-The legislature shall make such further provision by taxation or otherwise, as with the income arising from the general school fund will create and maintain a thorough and efficient system of public schools, adequate to the proper instruction of all youth of the state, between the ages of six and twenty-one years, free of charge; and in view of such provision so made, the legislature shall require that every child of sufficient physical and mental ability shall attend a public school during the period between six and eighteen years for a time equivalent to three years, unless educated by other means.

Corporations (art. 10).

SEC. 1. Creation.-The legislature shall provide for the organization of corporations by general law. All laws relating to corporations may be altered, amended or repealed by the legislature at any time when necessary for the public good and general welfare, and all corporations doing business in this state may as to such business be regulated, limited or restrained by law not in conflict with the constitution of the United States.

SEC. 2. Control by state.-All powers and franchises of corporations are derived from the people and are granted by their agent, the government, for the public good and general welfare, and the right and duty of the state to control and regulate them for these purposes is hereby declared. The power, rights and privileges of any and all corporations may be forfeited by willful neglect or abuse thereof. The police power of the state is supreme over all corporations as well as individuals.

STATUTORY PROVISIONS

Education (titles 21 and 21.1).

Approval/Supervision/Support

Title 21.1, Ch. 12. Private School Licensing

SEC. 21.1-191. State board of education may license and set minimum standards.-The state board of education may license through the state department of education all trade, correspondence, technical, vocational, business, or other nonparochial private schools with the State of Wyoming, or having their principal place of business out of state but doing business in the State of Wyoming, and said board shall establish minimum standards for all such schools, and provide for such investigation and evaluation of such schools as it deems necessary. [Laws 1967, ch. 228, sec. 1; 1969, ch. 111, sec. 191.]

SEC. 21.1-192. Annual license fee.-Such schools in addition to similar type schools outside the State of Wyoming who employ an agent for the purpose of soliciting resident students shall pay an annual license fee to the state board of education in an amount not to exceed fifty dollars ($50.00) which shall be paid into the general fund. [Laws 1967, ch. 228, sec. 2; 1969, ch. 111, sec. 192.]

SEC. 21.1-193. Licensing and regulation of qualifications of agents of private schools.-The state board may license the agents of such schools who operate in the State of Wyoming and may regulate the qualifications of such agents. In addition the state board may establish a license fee not to exceed twenty-five dollars ($25.00), and all such license fees shall be paid into the general fund. [Laws 1969, ch. 111, sec. 193.]

SEC. 21.1-194. Operation without license unlawful; soliciting business in public schools; furnishing list of students. etc.-(a) It shall be unlawful for such school or the proprietor or agent thereof to do business in or operate in Wyoming without first obtaining a license under the provisions of this chapter. (b) No official or employee of the Wyoming state department of education, any college or university within the state, or of any school district within the state, shall permit any such school or proprietor or agent thereof to solicit business in any public school within this state; nor shall any such official or employee provide any list of students or other list of prospects to any such school or proprietor or agent thereof unless such school, proprietor, or agent thereof has obtained a license under the provisions of this chapter. [Laws 1967, ch. 228, sec. 3; 1969, ch. 111, sec. 194.]

SEC. 21.1-195. Performance bond. - Before any school is issued a license pursuant to this chapter, it shall submit to the state department of education a ten thousand dollar ($10,000) performance bond to be approved by by the attorney general. Such bond shall be renewed on a yearly basis thereafter as long as the school retains its license to do business in Wyoming. Such performance bond is to assure protection to all persons enrolled in a course of study who may be aggrieved by any school doing business, or operating in, the State of Wyoming. The department of education will be custodian of all bonds filed and may render administrative, but not legal, assistance to all aggrieved persons who may be entitled to relief under the bond. [Laws 1969, ch. 111, sec. 195.]

SEC. 21.1-196. Schools exempted. - The provisions of this chapter shall not apply to any parochial school, aircraft flight training schools approved and authorized by federal aviation agency of the United States of America, or a school teaching techniques of outdoor recreation, leadership, ecology, or conservation domiciled in the State of Wyoming. [Laws 1967, ch. 228, sec. 4; 1969, ch. 111, sec. 196; 1971, ch. 65, sec. 1.]

SEC. 21.1-197. Penalties; injunction.- Any person violating the provisions of this chapter shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment in the county jail not to exceed six (6) months or by both such fine and imprisonment. Each solicitation of enrollment or each transaction of

business without a license shall constitute a separate offense. Any person violating the provisions of this chapter may also be enjoined or ousted from the continuation of such violation by proceedings brought by the attorney general, any county attorney, and school official, or any aggrieved citizen, regardless of whether criminal proceedings have been instituted. [Laws 1967, ch. 228, sec. 5; 1969, ch. 111, sec. 197.]

Compulsory Education

Title 21.1, Ch. 4. Pupils (art. I. Compulsory Attendance)

SEC. 21.1-48. When attendance required; exemptions.-Every parent, guardian or other person having control or charge of any child who is a resident of this state and whose seventh birthday falls on or before September 15 of any year and who has not yet attained his sixteenth (16th) birthday or completed the eighth (8th) grade shall be required to send such child to, and such child shall be required to attend, a public or private school each year, during the entire time that the public schools shall be in session in the district in which the pupil resides; provided, that the board of trustees of each school district may exempt any child from the operation of this article when: (a) The board believes that compulsory attendance in school would be detrimental to the mental or physical health of such child or the other children in the school; provided, the board may designate at the expense of the district a medical doctor of its choice to guide it and support it in its decision;

(b) the board feels that compulsory school attendance might work undue hardship; or

(c) The child has been legally excluded from the regular schools pursuant to the provisions of section 62 (sec. 21.1-62). [Laws 1907, ch. 93, sec. 1; 1909, ch. 31, sec. 1; C.S. 1910, sec. 1956; C.S. 1920, sec. 2260; Laws 1923, ch. 42, sec. 1; R.S. 1931, sec. 99-334; C.S. 1945, sec. 67-1601; Laws 1969, ch. 111, sec. 48.]

Special Education

Title 21.1, Ch. 15. Program for Handicapped Children

SEC. 21.1-284. Handicapped children entitled to free and appropriate education. Each and every child of school age in the State of Wyoming having a mental, physical or psychological handicap or social maladjustment which impairs learning, shall be entitled to and shall receive a free and appropriate education in accordance with his capabilities. [Laws 1969, ch. 111, sec. 284.]

SEC. 21.1-285. General supervision and responsibility for education; rules and regulations of state board of education. – The state board, jointly with the board of trustees of each school district shall have general supervision and responsibility for the education of all children in the state with such handicaps, and the state board shall adopt reasonable rules and regulations to assure that each such child receives a free and appropriate education in accordance with his capabilities. [Laws 1969, ch. 111, sec. 285.]

SEC. 21.1-286. Duties of school districts; assistance of school board.— Each school district of this state having any school age children residing in the district who possess any of the handicaps covered under this chapter, shall, subject to the rules and regulations of the state board, provide for the appropriate diagnosis, evaluation, education or training, and necessary related services, and may include, but is not limited to room and board, for such children. Any school district having such resident children and not able to provide the necessary and approrpiate programs and services, shall contract with another school district or agency to obtain them. If the programs and services cannot reasonably be provided by the district or by interdistrict contracts, it shall be the responsibility of the state board to assist local boards of trustees in arranging for the appropriate educational programs and services either within or without the state pursuant to the rules and regulations of the state board. Such programs and services shall be financed as provided by law. [Laws 1969, ch. 111, sec. 286; 1973, ch. 84, sec. 1.]

SEC. 21.1-287. Wyoming School for the Deaf-Maintenance and operation.-The state board of education shall maintain and operate the school for the education of the deaf in Casper, Natrona County, known as the Wyoming School for the Deaf. [Laws 1961, ch. 57, sec. 1; 1969, ch. 111, sec. 287.]

SEC. 21.1-288. Same-Powers and duties of state board of education.— The state board shall operate the Wyoming School for the Deaf from such funds as may now or hereafter be appropriated for that purpose, and the board shall provide adequate staff, equipment, and supplies for the proper operation of such school. The state board may promulgate such rules and regulations as it deems necessary and may accept gifts or grants in aid from any person whomsoever. [Laws 1969, ch. 111, sec. 288.]

SEC. 21.1-289. General supervision, educational and other services for deaf, blind, and persons with reading disabilities.-(a) The state board shall have the general supervision of the deaf and blind and all other persons with a physical disability which prevents reading in the normal manner who are residents of this state; and, insofar as funds are made available, said board shall provide or cause to be provided such educational and other services as it deems necessary to help such persons to help themselves to become and remain useful citizens of the community.

(b) In addition the state board may hire such personnel and purchase such books, equipment, and supplies as it deems necessary to accomplish the purpose of subsection (a) of this section. [Laws 1886, ch. 77, sec. 5; R.S. 1887, sec. 3729; R.S. 1899, sec. 678; C.S. 1910, sec. 565; C.S. 1920, sec. 655; Laws 1921, ch. 135, sec. 2; 1929, ch. 135, sec. 2; R.S. 1931, sec. 108-701; Laws 1941, ch. 8, sec. 1; C.S. 1945, sec. 67-1301; Laws 1967, ch. 133, sec. 1; 1969, ch. 111, sec. 289.]

Records and Reports

Title 21.1, Ch. 4. Pupils

SEC. 21.1-52. List of children of school age to be furnished; notice of unexcused absences.-At the beginning of each school year, the board of trustees shall furnish each district attendance officer a list of the names of the children of compulsory school age within the district who are enumerated on the regular enumeration lists. The person in charge of each school within the district shall notify each district attendance officer promptly in writing of all cases of unexcused absence so that the attendance officer may proceed according to the provisions of this article. [Laws 1907, ch. 93, sec. 3; 1909, ch. 31, sec. 2; C.S. 1910, sec. 1958; C.S. 1920, sec. 2262; Laws 1927, ch. 89, sec. 2; R.S. 1931, sec. 99-336; C.S. 1945, sec. 67-1603; Laws 1969, ch. 111, sec. 52.]

Teacher Certification

Title 21, Ch. 1. Administration Generally

SEC. 21-15. Rules for administration of laws governing certification of officers and teachers; lists of approved schools and colleges.-The state board of education shall prescribe rules and regulations for administering the laws governing the certification of superintendents, supervisors, principals, and teachers, whether by examination in specified subjects or through the completion of courses in approved institutions and in its discretion, prepare and publish lists of approved normal schools, colleges, and universities and fix standards for such approval. [Laws 1919, ch. 127, sec. 17; C.S. 1920, sec. 2344; R.S. 1931, sec. 99-115; C.S. 1945, sec. 67-116.]

SEC. 21-27. Teachers' certificates-Methods of obtaining; issuance; registry; foreign certificates; examinations generally.-Provisions shall be made for two methods by which certificates may be obtained, namely, through examination and upon credentials, and these two ways of obtaining certificates shall be made as nearly as possible of equivalent standards. All form of certificates shall be issued from the office of the state superintendent of public instruction, upon the recommendation of the certification division and the registry of these certificates shall be kept on file. It shall be the duty of the certification division to prepare and recommend to the state board of educa

tion a list of approved institutions whose graduates may receive certificates without examination. The division shall also provide for the recognition of certificates granted in other states. All certificates shall be state certificates and valid in all counties of the state, subject to registration as provided by law. Examinations shall be uniform as to lists of questions, dates of holding, and rules and regulations governing these matters in the various counties. The county superintendent of schools shall cooperate with the certification division in administering all examinations, reporting grades, and distributing certificates, in their respective counties. [Laws 1919, ch. 127, sec. 29; C.S. 1920, sec. 2356; R.S. 1931, sec. 99-127; C.S. 1945, sec. 67-128.]

Federal Aid

Title 21.1, Ch. 11. School Lunch Program

SEC. 21.1-184. Definitions.-For the purposes of this chapter: (a) "School" means institutions whose primary purpose is educational, where instruction is given at elementary and/or high school level, and such other institutions as are approved by the state board of education.

(b) "School lunch program” means a program under which lunches are served by any school in this state on a nonprofit basis to children in attendance, including any such program under which a school receives assistance out of funds appropriated by the congress of the United States. [Laws 1947, ch. 142, sec. 1; 1969, ch. 111, sec. 184.]

SEC. 21.1-185. Authority of state board of education to accept and disburse funds.-The state board of education is hereby authorized to accept and direct the disbursement of funds appropriated by any act of congress and apportioned to the state for use in connection with school lunch programs, special milk programs, and commodities distribution programs. The board shall deposit all funds received from the federal government in an account within the earmarked revenue fund with the state treasurer, which funds shall be disbursed by warrants of the state auditor on requisition of the state board of education. [Laws 1947, ch. 142, sec. 2; 1969, ch. 111, sec. 185; 1973, ch. 245, sec. 3.]

SEC. 21.1-186. Agreements with federal agencies and others; regulations, etc.; technical advice and assistance; gifts.-The state board of education may enter into such agreements with any agency of the federal government, with the board of trustees of any school district, or with any other agency or person; and it may prescribe such regulations, employ such personnel, and take such other action, as it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any school lunch program, and to direct the disbursement of federal and state funds, in accordance with any applicable provision of federal or state law. The state board of education may give technical advice and assistance to the board of trustees of any school lunch program and may assist in training personnel engaged in the operation of such program. The state board of education and the board of trustees of any school district may accept any gift for use in connection with any school lunch program. [Laws 1947, ch. 142, sec. 3; 1969, ch. 111, sec. 186.]

SEC. 21.1-189. Studies for improvement and expansion.- The state board of education is hereby authorized, to the extent that funds are available for that purpose, and in cooperation with other appropriate agencies and organizations, to conduct studies to determine methods of improving and expanding school lunch programs and promoting nutritional education in the schools, to conduct appraisal of the nutritive benefits of school lunch programs, and shall, as required by section 9-21 of the statutes, report its findings and recommendations to the governor. [Laws 1947, ch. 142, sec. 6; 1969, ch. 111, sec. 189; 1973, ch. 215, sec. 1.]

Miscellaneous

Title 21.1, Ch. 13. Vocational Education and
Rehabilitation (art. 1. Vocational Education)

SEC. 21.1-198. "State board" defined; boards of trustees authorized to establish and maintain programs.-(a) As used in this article "state board"

means the state board of education acting as the state board of vocational education.

(b) The board of trustees of any school district in the state that maintains a fully accredited four-year high school is hereby authorized to establish and maintain a program of vocational, terminal continuation, and adult education in connection with the public schools of the district. Such comprehensive program may include instruction in any occupations, together with such related instruction and such general terminal instruction as the board of trustees

may determine. The offerings shall be open to high school pupils, out-ofschool youths or adults and shall be given in the regular high school grades or as postgraduate work; provided, however, that no school district shall establish any program of college level, academic instruction for college credit under the provisions hereof, and no community college shall be established except under the provisions of the Wyoming Community College Code of 1967 (sec. 21-471 to 21-493). [Laws 1945, ch. 82, sec. 1; C.S. 1945, sec. 67-1208; Laws 1961, ch. 171, sec. 1; 1969, ch. 111, sec. 198.]