Fiscal Note - 24LSO-0477

Education savings accounts-1.

24LSO-0477, 1.1

FISCAL NOTE

This bill contains appropriations totaling $880,000 from the GENERAL FUND to the Wyoming Department of Education (WDE).

This bill contains an appropriation of $40,000,000 from the GENERAL FUND to the EDUCATION SAVINGS ACCOUNTS EXPENDITURE ACCOUNT created by this bill.

This bill contains an authorization of 2 full-time position(s).

DETAIL OF APPROPRIATION

Agency #: 206 Agency Name: Department of Education

Unit: N/A

EXPENDITURE BY SERIES AND YEAR	FY 2024	FY 2025	FY 2026
0100 Personnel/Benefit Costs	$0	$240,000	$240,000
0900 Contractual Services Costs	$0	$200,000	$200,000

Total Expenditure Per Year:	$0	$440,000	$440,000

Grand Total Expenditure:	$880,000
Total Appropriated to Agency:	$880,000
Total Appropriated by Fund:
GENERAL FUND	$880,000

Description of Appropriations:

This bill creates the Wyoming Education Savings Accounts Act (Act) that is administered by the WDE. The WDE is authorized two (2) full-time employees to administer the Act and anticipates expending $240,000 each fiscal year (FY) of the FY 2025-2026 biennium for these positions’ salaries and benefits. The State Superintendent of Public Instruction is authorized to allocate funds from the Education Savings Accounts Expenditure Account to pay for qualifying education expenses for each education savings account (ESA) student to education service providers. The WDE anticipates expending $200,000 each fiscal year in the FY 2025-2026 biennium in contractual services costs to a third-party to assist the WDE in administering each ESA.

Subject to the availability of funds within the Education Savings Accounts Expenditure Account, a child who is a Wyoming resident and whose household income is: (i) at or below 250 percent of the federal poverty level is eligible to receive an ESA equal to $5,000 per year; (ii) at or below 350 percent of the federal poverty level but more than 250 percent of the poverty level is eligible to receive an ESA equal to $3,000 per year; or (iii) at or below 400 percent of the federal poverty level but more than 350 percent of the poverty level is eligible to receive an ESA equal to $1,000 per year.

In addition to the household income guidelines, the following qualifications apply: (i) the child is not less than four (4) years of age as of August 1 of the year in which an application is made and has not yet attained the age to attend public school in Wyoming (early childhood education ESA); or (ii) has not graduated from high school, received a high school equivalency certification or completed the equivalent of high school through a home-based educational program and is eligible to attend public school in Wyoming (K-12 education ESA).

Beginning in fiscal year 2026, an ESA can be authorized to eligible students, with 30 percent of the ESAs to be awarded for early childhood education and 70 percent of the ESAs to be awarded for K-12 education.

Assumptions:

The 2024 federal poverty guidelines for the 48 contiguous states and the District of Columbia, published by the United States Department of Health and Human Services, are detailed below with columns indicating the 250 percent, 350 percent, and 400 percent eligibility requirement in this bill. The poverty guidelines for FY 2026 would be determined using the most recent federal poverty guidelines.

2024 Federal Poverty Guidelines.

Persons in Family/ Household	Poverty Guideline	250 Percent of Poverty Guideline	350 Percent of Poverty Guideline	400 Percent of Poverty Guideline
1	$15,060	$37,650	$52,710	$60,240
2	$20,440	$51,100	$71,540	$81,760
3	$25,820	$64,550	$90,370	$103,280
4	$31,200	$78,000	$109,200	$124,800
5	$36,580	$91,450	$128,030	$146,320
6	$41,960	$104,900	$146,860	$167,840
7	$47,340	$118,350	$165,690	$189,360
8	$52,720	$131,800	$184,520	$210,880

Any additional fiscal or personnel impact is not determinable due to insufficient time to complete the fiscal note process.

NOTICE-AGENCY ESTIMATE OF ADMINISTRATIVE IMPACT REQUESTED

This bill has administrative impact that appears to increase duties or responsibilities of one or more state agencies and may impact agency spending or staffing requirements. As introduced, the bill does not modify any state agency budget or current personnel authorizations.

The following state agencies will be asked to provide their estimate of the administrative fiscal impact prior to the first committee meeting held to consider the bill:

Department of Education

Prepared by: Matthew Willmarth, LSO Phone: 777-7881

(Information provided by Trent Carroll, Department of Education, 777-7720)

HB0166

ORIGINAL House ENGROSSED

Bill No. HB0166

ENROLLED ACT NO. 53, HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING

2024 Budget Session

AN ACT relating to education; authorizing education savings accounts; creating the Wyoming education savings accounts expenditure account; providing for a transfer of funds to the Wyoming education savings accounts expenditure account; providing for the use and administration of education savings accounts for education; specifying duties of the state superintendent of public instruction; providing rulemaking authority; making conforming amendments; providing appropriations; authorizing full-time positions; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 21‑2‑901 through 21‑2‑909 are created to read:

ARTICLE 9

WYOMING EDUCATION SAVINGS ACCOUNTS

21‑2‑901. Short title.

This act shall be known as the \"Wyoming Education Savings Accounts Act.\" The program created by this act shall be known as the \"ESA program.\"

21‑2‑902. Definitions.

(a) As used in this act:

(i) \"Curriculum\" means a course of study for content areas or grade levels, including any supplemental materials required or recommended by the curriculum;

(ii) \"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;

(iii) \"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;

(iv) \"ESA student\" means a student eligible for an ESA pursuant to W.S. 21‑2‑904(a) who is participating in the ESA program;

(v) \"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;

(vi) \"Pre‑kindergarten\" means an educational program with the primary goal of preparing children for kindergarten that provides up to one (1) school year of education prior to entry into kindergarten;

(vii) \"Qualified school\" means a pre‑kindergarten or a nonpublic primary or secondary school, certified by the state superintendent of public instruction pursuant to W.S. 21‑2‑906(a), located in or that provides education services in this state, that may include through online means;

(viii) \"This act\" means W.S. 21‑2‑901 through 21‑2‑909.

21‑2‑903. Education savings accounts; Wyoming education savings accounts expenditure account.

(a) The total amount to be deposited in an education savings account for an ESA student each year shall be determined by the student's household income compared to the federal poverty levels, using the most recent federal poverty guidelines for the student's household size and income, as follows:

[(i)] Six thousand dollars ($6,000.00) for students whose household income is at or below one hundred fifty percent (150%) of the federal poverty level[;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(ii) Four thousand eight hundred dollars ($4,800.00) for students whose household income is at or below two hundred percent (200%) of the federal poverty level but more than one hundred fifty percent (150%) of the federal poverty level;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(iii) Three thousand six hundred dollars ($3,600.00) for students whose household income is at or below two hundred fifty percent (250%) of the federal poverty level but more than two hundred percent (200%) of the federal poverty level;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(iv) Three thousand dollars ($3,000.00) for students whose household income is at or below three hundred percent (300%) of the federal poverty level but more than two hundred fifty percent (250%) of the federal poverty level;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(v) Two thousand four hundred dollars ($2,400.00) for students whose household income is at or below three hundred fifty percent (350%) of the federal poverty level but more than three hundred percent (300%) of the federal poverty level;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(vi) One thousand eight hundred dollars ($1,800.00) for students whose household income is at or below four hundred percent (400%) of the federal poverty level but more than three hundred fifty percent (350%) of the federal poverty level;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(vii) One thousand two hundred dollars ($1,200.00) for students whose household income is at or below four hundred fifty percent (450%) of the federal poverty level but more than four hundred percent (400%) of the federal poverty level;] [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

[(viii) Six hundred dollars ($600.00) for students whose household income is at or below five hundred percent (500%) of the federal poverty level but more than four hundred fifty percent (450%) of the federal poverty level]. [BRACKETED LANGUAGE SHOWN IN BOLD AND AS STRICKEN WAS VETOED BY GOVERNOR MARCH 21, 2024.]

(b) Payments to ESAs under this act shall be made by the state superintendent of public instruction from the Wyoming education savings accounts expenditure account, which is hereby created. The Wyoming education savings accounts expenditure account shall consist of funds transferred to the expenditure account and other funds appropriated by the legislature to the expenditure account. All earnings from investment of the expenditure account shall be credited to the expenditure account. Any unencumbered, unobligated balance of the expenditure account at the end of each fiscal year shall not revert but shall remain in the expenditure account and shall be expended to fund ESAs as provided by this act.

21‑2‑904. ESA program eligibility; parent agreement; ESA administration.

(a) Subject to the availability of funds as determined by the legislature, any child who is a Wyoming resident, who meets one (1) of the following qualifications, and subject to W.S. 21‑2‑903(a), shall be eligible to receive an ESA subject to the provisions of this act:

(i) The child has not graduated from high school or received a high school equivalency certificate and is eligible to attend a public school in this state; or

(ii) The child is not less than four (4) years of age as of August 1 of the year in which the application for an ESA is made and has not yet attained the age to attend public school in this state.

(b) To participate in the ESA program, the custodial parent of an ESA student shall sign an agreement with the state superintendent that:

(i) Requires use of the ESA funds for the following qualifying expenses to educate the ESA student:

(A) Tuition and fees at a qualified school;

(B) Tutoring services provided by an individual or a tutoring facility. The tutoring services shall not be provided by an ESA student's immediate family;

(C) Services contracted for and provided by a public school district, including services provided by a public charter school. Services under this subparagraph may include, without limitation, individual classes and extracurricular activities and programs;

(D) Textbooks, curriculum and other instructional materials, including, but not limited to, any supplemental materials or associated online instruction required by either a curriculum or an education service provider;

(E) Computer hardware or other technological devices that are primarily used to help meet an ESA student's educational needs;

(F) Educational software and applications;

(G) School uniforms;

(H) Fees for nationally standardized assessments, advanced placement examinations, examinations related to college or university admission and tuition and fees for preparatory courses for the exams;

(J) Tuition and fees for summer education programs and specialized after school education programs;

(K) Tuition, fees, instructional materials and examination fees at a career or technical school;

(M) Educational services and therapies including, but not limited to, occupational, behavioral, physical, speech‑language and audiology therapies;

(N) Tuition and fees at an institution of higher education;

(O) Fees for transportation paid to a fee‑for‑service transportation provider for the student to travel to and from an education service provider;

(P) Any other educational expense approved by the state superintendent.

(ii) For students eligible for an ESA under paragraph (a)(i) of this section:

(A) Requires that the ESA student receive instruction in, at minimum, reading, writing, mathematics, civics, including studies of the United States constitution and the constitution of the state of Wyoming, history, literature and science. No parent shall be required to include any instruction that conflicts with the parent's or the ESA student's religious doctrines;

(B) Requires that the ESA student take the statewide assessments administered pursuant to W.S. 21‑2‑304(a) or a nationally normed achievement exam;

(C) Certifies that the ESA student is not, or will not be, enrolled in a public school district upon receipt of the ESA and releases the applicable school district from all obligations to educate the ESA student. This subparagraph shall not:

(I) Require an eligible student to withdraw from a public school district before applying for or receiving an ESA if the student withdraws from the public school district before receiving or expending any monies in the student's ESA;

(II) Prevent a qualified student from applying in advance for an ESA student to be funded beginning the following school year; or

(III) Prevent a public school district from charging an ESA for any services provided to the qualified student to the extent authorized by law.

(c) Funds in an ESA shall not be refunded, rebated or shared with a parent of an ESA student in any manner. Any refund or rebate for goods or services purchased with ESA funds shall be credited directly to the student's ESA.

(d) Parents may make payments for costs of educational goods and services not covered by the funds in the ESA. Personal deposits into an ESA shall not be permitted.

(e) An ESA shall remain active and any unused funds shall not revert until the parent withdraws the ESA student from the ESA program or until the ESA student is no longer eligible for the ESA program, unless the ESA is closed because of a substantial misuse of funds. When an ESA is closed, any unused funds shall revert to the Wyoming education savings accounts expenditure account.

(f) Nothing in this act shall be construed to require an ESA student to be enrolled, full‑time or part‑time, in a nonpublic school. An ESA student receiving individualized instruction in a non‑school setting shall not be construed to be a student of a home‑based educational program as defined in W.S. 21‑4‑101(a)(v).

21‑2‑905. Application, award and allocation of ESAs.

(a) A parent may apply to the state superintendent of public instruction to establish an ESA for an eligible student.

(b) The state superintendent shall establish procedures for approving applications in an expeditious manner.

(c) The state superintendent shall create a standard form that parents may submit to establish their student's eligibility for the ESA program and shall ensure that the application form is publicly available and that completed applications may be submitted through various sources, including the internet.

(d) Except as provided under subsection (e) of this section, the state superintendent shall approve an application for an ESA if:

(i) The parent submits an application for an ESA in accordance with application procedures established by the state superintendent;

(ii) The student is an eligible student pursuant to W.S. 21‑2‑904(a);

(iii) Funds are available for the ESA;

(iv) The parent signs an agreement with the state superintendent as provided in W.S. 21‑2‑904(b).

(e) Except as provided under this subsection, eighty percent (80%) of the ESAs shall be awarded to students eligible pursuant to W.S. 21‑2‑904(a)(i) and the remaining twenty percent (20%) shall be awarded to students eligible pursuant to W.S. 21‑2‑904(a)(ii) each year. Any funds allocated under this subsection for the award of ESAs to students eligible pursuant to W.S. 21‑2‑904(a)(ii) that are not awarded in any school year may be awarded to students eligible pursuant to W.S. 21‑2‑904(a)(i). If the number of applications for ESAs exceeds the available funds for any school year, the students shall be selected on a first‑come, first‑served basis, except preference shall be given to an eligible student who received funds under the ESA program in the immediately preceding school year.

(f) For students eligible for an ESA under W.S. 21‑2‑904(a)(i), the following shall apply:

(i) A signed agreement between the parent and state superintendent under W.S. 21‑2‑904(b) shall satisfy the compulsory school attendance requirements of W.S. 21‑4‑102 and the parent shall annually provide the student's resident public school district notice of intent to participate in the ESA program;

(ii) Upon notice to the state superintendent, an ESA student may choose to stop receiving an ESA and enroll full‑time in a public school. Enrolling as a full‑time student in a public school shall result in the immediate suspension of payment of additional funds to the student's ESA and the state superintendent may close the ESA. If an eligible student applies to the state superintendent to return to the ESA program, payments into the student's existing ESA may resume if the ESA is still open and active. A new ESA may be established if an eligible student's ESA was closed;

(iii) The state superintendent may adopt rules and policies to provide the least disruptive process for ESA students who choose to enroll full‑time in a public school.

21‑2‑906. Duties of the state superintendent of public instruction to administer the education savings accounts program.

(a) The state superintendent of public instruction shall:

(i) Establish a certification process for education service providers, which shall, at minimum, ensure ESA students attending qualified schools in kindergarten through grade twelve (12) receive instruction in reading, writing, mathematics, civics, including studies of the United States constitution and the constitution of the state of Wyoming, history, literature and science and for pre‑kindergarten ensure ESA students at minimum receive instruction necessary for preparation to enter kindergarten;

(ii) Maintain a list of certified education service providers and ensure the list is available to parents of ESA students. The list shall enable the education service provider to indicate if the education service provider is accepting new ESA students;

(iii) Provide parents with a written explanation of the qualified expenses for ESA funds, the responsibilities of parents and the duties of the state superintendent related to administration of the ESA program;

(iv) For students eligible for an ESA under W.S. 21‑2‑904(a)(i), ensure that parents of ESA students with disabilities receive notice that participation in the ESA program is a parental placement under 20 U.S.C. § 1412, Individuals with Disabilities Education Act (IDEA), along with an explanation of the rights that parentally placed students possess under IDEA and any applicable state laws and regulations;

(v) If determined necessary by the state superintendent, contract with one (1) or more private organizations to administer the ESA program or specific functions of the ESA program including, without limitation, contracting with private financial management firms to manage ESAs. The state superintendent shall comply with applicable procurement statutes and rules in securing services under this paragraph;

(vi) Implement a commercially viable, cost‑effective and user‑friendly system for payment of services from ESAs to education service providers by electronic or online funds transfer. The payment system shall not rely exclusively on requiring parents to be reimbursed for out‑of‑pocket expenses. The payment system shall provide maximum flexibility to parents by facilitating direct payments to education service providers as well as requests for pre‑approval of and reimbursements for qualifying expenses listed in W.S. 21‑2‑904(b)(i). The state superintendent may contract with private organizations to develop the payment system;

(vii) Continue certifying deposits into a student's ESA until:

(A) The state superintendent determines that the ESA student is no longer an eligible student;

(B) The state superintendent determines there was an intentional and substantial misuse of the funds in the ESA;

(D) The ESA student enrolls full‑time in a public school.

(viii) Conduct or contract for the auditing of individual ESAs and shall at a minimum conduct or contract for audits of not less than two percent (2%) of all ESAs, selected randomly, on an annual basis;

(ix) Investigate reports of intentional and substantial misuse of ESA funds and prohibit an eligible ESA student from receipt of ESA funds if the state superintendent determines that the ESA student or ESA student's parent intentionally and substantially misused ESA funds. The state superintendent shall by rule create procedures to ensure that a fair process exists to determine whether an intentional and substantial misuse of ESA funds has occurred. The state superintendent shall have the authority to refer suspected cases of intentional and substantial misuse of ESA funds to the department of audit or the attorney general for investigation if evidence of fraudulent use of ESA funds is obtained;

(x) Establish rules to prohibit an education service provider from accepting payments from ESAs if the state superintendent determines the education service provider has:

(A) Intentionally and substantially misrepresented information or failed to refund any overpayments in a timely manner; or

(B) Routinely failed to provide students with required educational goods or services.

(xi) Notify parents and ESA students within ten (10) business days if the state superintendent prohibits an education service provider from receiving ESA funds under paragraph (x) of this subsection;

(xii) For students eligible for an ESA under W.S. 21‑2‑904(a)(i), ensure ESA students, who choose to, participate in the statewide assessments administered pursuant to W.S. 21‑2‑304(a) and compile the assessment results to analyze student proficiency and academic progress among the students participating in the ESA program, including an analysis of graduation rates, proficiency and progress based on grade level. The results of the analysis under this paragraph shall be included in the annual report required pursuant to W.S. 21—2‑204(k).

(b) If an education service provider requires partial payment of tuition or fees prior to the start of the school year to reserve space for an ESA student admitted to the education service provider, the state superintendent may certify the partial payment prior to the start of the school year in which the ESA is awarded and deduct that amount from subsequent quarterly ESA deposits. If an ESA student decides not to use the education service provider, the partial payment made under this subsection shall be returned to the state superintendent by the education service provider and credited to the student's ESA.

(c) The state superintendent may adopt rules that are not inconsistent with this act and that are necessary for the administration of this act including rules:

(i) Establishing or contracting for the establishment of an online anonymous fraud reporting service;

(ii) Establishing an anonymous telephone hotline for fraud reporting;

(iii) Requiring a surety bond for education service providers receiving more than one hundred fifty thousand dollars ($150,000.00) in ESA funds; and

(iv) Establishing a procedure for refunding payments from education service providers to ESAs.

21‑2‑907. Education service providers.

(a) Before receiving payment from an ESA, a prospective education service provider shall:

(i) Be certified by the state superintendent of public instruction pursuant to W.S. 21‑2‑906(a) to receive payments from ESAs;

(ii) Agree not to refund, rebate or share ESA funds with parents or ESA students in any manner, except that funds may be remitted or refunded to an ESA in accordance with procedures established by the state superintendent.

(b) Nothing in this act shall be deemed to limit the independence or autonomy of an education service provider or to make the actions of an education service provider the actions of state government or public school district.

(c) Education service providers shall be given maximum freedom to provide instruction and services in their usual and customary manner to meet the educational needs of ESA students.

(d) An education service provider that accepts payment from an ESA pursuant to this act is not an agent of the state or federal government or a public school district.

(e) Nothing in this act shall be construed to expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of education service providers beyond those necessary to enforce the requirements of the ESA program.

(f) An education service provider shall not be required to alter its creed, practices, admission policy or curriculum to accept payments authorized by a parent from an ESA.

21‑2‑908. Responsibilities of public schools and school districts.

A public school or school district that previously enrolled an ESA student shall provide an education service provider that has enrolled the ESA student with a complete copy of the ESA student's school records as necessary, while complying with 20 U.S.C. § 1232g, the Family Educational Rights and Privacy Act of 1974.

21‑2‑909. Legal liability.

No liability shall arise on the part of the state superintendent of public instruction or the state or any public school or school district based on the award of or use of an ESA pursuant to this act.

Section 2. W.S. 21‑4‑102 by creating a new subsection (d), 21‑4‑301 and 21‑13‑310(a)(ix) are amended to read:

21‑4‑102. When attendance required; exemptions; withdrawal.

(d) A child participating in the ESA program specified by W.S. 21‑2‑901 and who provides notice of participation in the ESA program to the child's school district shall be deemed to be in compliance with the compulsory attendance requirement under this section.

21‑4‑301. Schools to be free and accessible to all children; minimum school year.

(a) Except as otherwise provided by law, the public schools of each school district in the state shall at all times be equally free and accessible to all children resident therein of five (5) years of age as of August 1, or September 15 if pursuant to an approved request under W.S. 21‑3‑110(a)(xxxviii), of the year in which they may register in kindergarten as provided in W.S. 21‑4‑302(b) and under the age of twenty‑one (21), subject to regulations of the board of trustees. Each school district shall operate its schools and its classes for a minimum of one hundred seventy‑five (175) days each school year unless an alternative schedule has been approved by the state board. Prior to submission of a proposed alternative schedule to the state board, the board of trustees shall hold at least two (2) advertised public meetings within the district, at which the board shall present the proposed alternative schedule and respond to public questions and comments. Any school district operating under an alternative schedule shall annually evaluate the effectiveness of that schedule in meeting the educational goals and purposes for which the schedule was adopted.

(b) A parent, guardian or other person having control or charge of any child eligible to attend public school in Wyoming under subsection (a) of this section shall have the option to apply for the ESA program specified by W.S. 21‑2‑901 on behalf of the child.

21‑13‑310. Annual computation of district revenues.

(a) To ensure revenues available to each district are uniformly sufficient to enable compliance with the uniform standards for educational programs prescribed under W.S. 21‑9‑101 and 21‑9‑102 and to secure state board accreditation of educational programs under W.S. 21‑2‑304(a)(ii), the revenues specified under this subsection shall be deemed state revenues and shall be considered in determining the amount to be distributed to each district under W.S. 21‑13‑311. A district shall make an annual computation of the following revenues:

(ix) The amount of tuition paid to the district during the previous school year, including any amount charged under W.S. 21‑4‑501 and any amount assessed in excess of the costs incurred for adult education programs, summer school programs, programs provided under an agreement for cooperative educational programs under W.S. 21‑20‑101 through 21‑20‑111 and any amount assessed for programs and services for children with disabilities, but excluding any tuition assessed by a district for the provision of virtual education programs to participating students pursuant to W.S. 21‑13‑330, any tuition assessed by a district for the provision of part‑time educational programs to participating students pursuant to W.S. 21‑2‑904(b)(i)(C) and 21‑4‑502(c), any revenues received by a district from post secondary education option programs provided under W.S. 21‑20‑201 or for the provision of educational programs to a nonresident student placed in a juvenile detention facility pursuant to an agreement with the student's resident school district;

Section 3. There is appropriated twenty million dollars ($20,000,000.00) from the general fund to the education savings accounts expenditure account created by W.S. 21‑2‑903(b) for purposes of the Wyoming education savings accounts program. This appropriation shall be subject to the terms of W.S. 21‑2‑903(b).

Section 4.

(a) The department of education is authorized two (2) full‑time employees for the purposes of this act. There is appropriated four hundred eighty thousand dollars ($480,000.00) from the general fund for the salary and benefits of the positions created by this section for the period beginning July 1, 2024 and ending June 30, 2026. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law. It is the intent of the legislature that four hundred eighty thousand dollars ($480,000.00) and these positions be included in the department of education's standard budget for the immediately succeeding fiscal biennium.

(b) There is appropriated to the department of education four hundred thousand dollars ($400,000.00) from the general fund for contractual services (900 series) necessary to implement this act for the period beginning July 1, 2024 and ending June 30, 2026. These funds shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law. It is the intent of the legislature that four hundred thousand dollars ($400,000.00) for contractual services (900 series) necessary to implement this act be included in the department of education's standard budget for the immediately succeeding fiscal biennium. As a condition of this appropriation, the department of education shall regularly report on the expenditures from the appropriation under this subsection to the legislature through the joint education interim committee.

Section 5. The state superintendent of public instruction shall adopt rules and take other actions as necessary to enable students to enroll in the ESA program created by this act for school year 2025‑2026. The state superintendent shall begin accepting applications for the ESA program not later than January 1, 2025.

Section 6.

(a) Except as provided in subsections (b) and (c) of this section, this act is effective July 1, 2024.

(b) Sections 1 and 2 of this act are effective January 1, 2025.

(END)


Speaker of the House			President of the Senate


	Governor

	TIME APPROVED: _________

	DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

HB0166

Education savings accounts-1.

Sponsored By: Representative(s) Clouston and Davis and Senator(s) Barlow and Landen

2/12/2024 Bill Number Assigned

2/13/2024 H Received for Introduction

2/14/2024 H Introduced and Referred to H04 - Education 51-10-1-0-0

ROLL CALL

Ayes: Representative(s) Allemand, Allred, Andrew, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Harshman, Heiner, Henderson, Hornok, Knapp, Larsen, Lloyd, Larson, Jt, Lawley, Locke, Neiman, Newsome, Nicholas, Niemiec, Northrup, Oakley, O'hearn, Olsen, Ottman, Pendergraft, Penn, Rodriguez-Williams, Singh, Speaker Sommers, Stith, Tarver, Trujillo, Walters, Ward, Washut, Western, Winter, Wylie, Yin, Zwonitzer, Dan, Zwonitzer, Dave

Nays: Representative(s) Chestek, Jennings, Obermueller, Provenza, Sherwood, Slagle, Smith, Storer, Strock, Styvar

Excused: Representative Angelos

Ayes 51 Nays 10 Excused 1 Absent 0 Conflicts 0

2/20/2024 H04 - Education:Recommend Amend and Do Pass 6-3-0-0-0

ROLL CALL

Ayes: Representative(s) Allred, Andrew, Brown, Clouston, Lawley, Northrup

Nays: Representative(s) Berger, Obermueller, Provenza

Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0

2/20/2024 H Placed on General File

2/20/2024 H COW:Rerefer to H02 - Appropriations

2/21/2024 H02 - Appropriations:Amend and Do Not Pass: 3-4-0-0-0

ROLL CALL

Ayes: Representative(s) Henderson, Larsen, Stith

Nays: Representative(s) Nicholas, Sherwood, Walters, Zwonitzer

Ayes 3 Nays 4 Excused 0 Absent 0 Conflicts 0

2/21/2024 H Placed on General File

HB0166HS001/ADOPTED

Page 3-after line 20 Insert:

\"(vi) \"Pre-kindergarten\" means an educational program with the primary goal of preparing children for kindergarten that provides up to one (1) school year of education prior to entry into kindergarten;\".

Page 3-line 22 Delete \"(vi)\" and insert \"(vii)\"; delete \"preschool\" and insert \"pre-kindergarten\".

Page 4-line 5 Delete \"(vii)\" and insert \"(viii)\".

Page 5-line 3 Delete \";\" insert \".\".

Page 5-lines 5 through 9 Delete entirely.

Page 15-line 21 After \"science\" insert \"and for pre-kindergarten ensure ESA students at minimum receive instruction necessary for preparation to enter kindergarten\". Northrup, Chairman

HB0166HS002/FAILED

Page 27-line 14 Delete \"forty million\".

Page 27-line 15 Delete \"dollars ($40,000,000.00)\" and insert \"five million dollars ($5,000,000.00)\"; delete \"general fund\" and insert \"public school foundation program account\".

Page 28-line 1 Delete \"two (2)\" and insert \"one (1)\".

Page 28-line 2 Delete \"employees\" and insert \"employee\".

Page 28-line 3 Delete \"four hundred eighty thousand dollars\".

Page 28-line 4 Delete \"($480,000.00)\" and insert \"two hundred forty thousand dollars ($240,000.00)\"; delete \"general fund\" and insert \"public school foundation program account\".

Page 28-line 5 Delete \"positions\" and insert \"position\".

Page 28-line 10 Delete \"four\".

Page 28-line 11 Delete \"hundred eighty thousand dollars ($480,000.00)\" and insert \"two hundred forty thousand dollars ($240,000.00)\"; delete \"these\".

Page 28-line 12 Delete \"positions\" and insert \"this position\".

Page 28-line 18 Delete \"general fund\" and insert \"public school foundation program account\". Nicholas, Chairman

HB0166HW001/ADOPTED

Page 19-line 22 Delete \"Shall\". Northrup

HB0166HW002/WITHDRAWN

HB0166HW003/ADOPTED

Page 12-line 3 After \"school.\" insert \"An ESA student receiving individualized instruction in a non-school setting shall not be construed to be a student of a home-based educational program as defined in W.S. 21-4-101(a)(v).\". Andrew, Lawley, Olsen

HB0166HW004/ADOPTED

Page 6-line 16 Delete \",\" and insert \"or\"; delete \"or\".

Page 6-lines 17 Delete entirely.

Page 6-line 18 Delete \"home-based educational program\". Andrew, Lawley, Olsen

HB0166HW005/ADOPTED

Page 23-after line 10 Insert:

(f) An education service provider shall not be required to alter its creed, practices, admission policy or curriculum to accept payments authorized by a parent from an ESA.\". Andrew, Crago, Lawley, Olsen

HB0166HW006/WITHDRAWN

2/22/2024 H COW:Passed

HB0166H2001/FAILED

Page 9-line 23 After \"science\" delete balance of line.

Page 10-line 1 Delete entirely.

Page 10-line 2 Delete line through \"doctrines\".

Page 23-after line 10 In the third Andrew committee of the whole amendment (HB0166HW005/A) to this line, delete \", practices,\" and insert \"or\"; delete \"or curriculum\". Chestek

HB0166H2002/FAILED

Page 24-after line 4 Insert:

\"Section 2. W.S. 9-4-601(a)(ii), as amended by 2023 Wyoming Session Laws, Chapter 175, Section 1, and effective July 1, 2024, and by creating a new paragraph (xiii) is amended to read:

9-4-601. Distribution and use; funds, accounts, cities and towns benefited; exception for bonus payments.

(a) All monies received by the state of Wyoming from the secretary of the treasury of the United States under the provisions of the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. 181, 191), as amended, or from lessees or authorized mine operators and all monies received by the state from its sale of production from federal mineral leases subject to the act of congress of February 25, 1920 (41 Stat. 437, 450; 30 U.S.C. 181, 191) as amended, except as provided by subsection (b) of this section, shall be deposited into an account and the first two hundred million dollars ($200,000,000.00) of revenues received in any fiscal year shall be distributed by the state treasurer as provided in this subsection. One percent (1%) of these revenues shall be credited to the general fund as an administrative fee, and the remainder shall be distributed as follows:

(ii) Subject to paragraph (xiii), forty-seven and one-half percent (47.5%) to the public school foundation program account subject to allocations under W.S. 9-4-605;

(xiii) For fiscal year 2026, the first ten million dollars ($10,000,000.00) that would otherwise be distributed to the public school foundation program account under paragraph (ii) of this subsection shall be distributed to the Wyoming education savings accounts expenditure account subject to the terms of W.S. 21-2-903(b), and any amount in excess of ten million dollars ($10,000,000.00) shall be deposited to the public school foundation program account subject to allocations under W.S. 9-4-605;\".

Page 24-line 6 Delete \"Section 2.\" and insert \"Section 3.\".

Page 27-lines 14 through 19 Delete entirely and insert:

\"Section 4. The state auditor is authorized to borrow from the legislative stabilization reserve account up to ten million dollars ($10,000,000.00) to assist the cash flow of the Wyoming education savings accounts expenditure account for the period beginning July 1, 2025 and ending June 30, 2026.\".

Page 27-line 21 Delete \"Section 4.\" and insert \"Section 5.\".

Page 29-line 11 Delete \"Section 5.\" and insert \"Section 6.\".

Page 30-line 1 Delete \"Section 6.\" and insert \"Section 7.\".

Page 30-line 6 Delete \"Sections 1 and 2\" and insert \"Sections 1 through 3\".

Page 30-line 9 Delete \"Section 3\" and insert \"Section 4\". Walters

HB0166H2003/FAILED

Delete the first Walters second reading amendment (HB0166H2002/A) entirely and further amend as follows:

Page 24-after line 4 Insert:

\"Section 2. W.S. 9-4-601(a)(ii), as amended by 2023 Wyoming Session Laws, Chapter 175, Section 1, and effective July 1, 2024, and by creating a new paragraph (xiii) is amended to read:

9-4-601. Distribution and use; funds, accounts, cities and towns benefited; exception for bonus payments.

(ii) Subject to paragraph (xiii), forty-seven and one-half percent (47.5%) to the public school foundation program account subject to allocations under W.S. 9-4-605;

(xiii) For fiscal year 2026, the first forty million dollars ($40,000,000.00) that would otherwise be distributed to the public school foundation program account under paragraph (ii) of this subsection shall be distributed to the Wyoming education savings accounts expenditure account subject to the terms of W.S. 21-2-903(b), and any amount in excess of forty million dollars ($40,000,000.00) shall be deposited to the public school foundation program account subject to allocations under W.S. 9-4-605;\".

Page 24-line 6 Delete \"Section 2.\" and insert \"Section 3.\".

Page 27-lines 14 through 19 Delete entirely and insert:

\"Section 4. The state auditor is authorized to borrow from the legislative stabilization reserve account up to forty million dollars ($40,000,000.00) to assist the cash flow of the Wyoming education savings accounts expenditure account for the period beginning July 1, 2025 and ending June 30, 2026.\".

Page 27-line 21 Delete \"Section 4.\" and insert \"Section 5.\".

Page 29-line 11 Delete \"Section 5.\" and insert \"Section 6.\".

Page 30-line 1 Delete \"Section 6.\" and insert \"Section 7.\".

Page 30-line 6 Delete \"Sections 1 and 2\" and insert \"Sections 1 through 3\".

Page 30-line 9 Delete \"Section 3\" and insert \"Section 4\". Walters

HB0166H2004/FAILED

Page 28-line 1 Delete \"two (2)\" and insert \"one (1)\".

Page 28-line 2 Delete \"employees\" and insert \"employee\".

Page 28-line 3 Delete \"four hundred eighty thousand dollars\".

Page 28-line 4 Delete \"($480,000.00)\" and insert \"two hundred forty thousand dollars ($240,000.00)\"; delete \"general fund\" and insert \"public school foundation program account\".

Page 28-line 5 Delete \"positions\" and insert \"position\".

Page 28-line 10 Delete \"four\".

Page 28-line 11 Delete \"hundred eighty thousand dollars ($480,000.00)\" and insert \"two hundred forty thousand dollars ($240,000.00)\"; delete \"these\".

Page 28-line 12 Delete \"positions\" and insert \"this position\". Walters

HB0166H2005/ADOPTED

Page 5-lines 5 through 9 Delete the House standing committee amendment (HB0166HS001/A) to these lines. Andrew

HB0166H2006/FAILED

Page 4-line 11 After \"(a)\" insert \"Between July 1, 2024 and June 30, 2026,\".

Page 5-after line 9 Insert and renumber as necessary:

\"(b) Beginning July 1, 2027, the total amount to be deposited in an education savings account for an ESA student each year shall be five thousand dollars ($5,000.00).\"

Page 5-line 11 Delete \"(b)\" and insert \"(c)\".

Page 6-line 2 Delete \"(c)\" and insert \"(d)\".

Page 24-lines 14 through 19 Delete the first Walters second reading amendment (HB0166H2002/A) and the second Walters third reading amendment (HB0166H2003/A) to these lines.

Page 27-line 17 Delete \"21-2-903(b)\" and insert \"21-2-903(c)\".

Page 27-line 19 Delete \"21-2-903(b)\" and insert \"21-2-903(c)\". Andrew

ROLL CALL

Ayes: Representative Larsen, Lloyd

Nays: Representative(s) Allemand, Allred, Andrew, Angelos, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Chestek, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Harshman, Heiner, Henderson, Hornok, Jennings, Knapp, Larson, Jt, Lawley, Locke, Neiman, Newsome, Nicholas, Niemiec, Northrup, Oakley, Obermueller, O'hearn, Olsen, Ottman, Pendergraft, Penn, Provenza, Rodriguez-Williams, Sherwood, Singh, Slagle, Smith, Speaker Sommers, Stith, Storer, Strock, Styvar, Tarver, Trujillo, Walters, Ward, Washut, Western, Winter, Wylie, Yin, Zwonitzer, Dan, Zwonitzer, Dave

Ayes 1 Nays 61 Excused 0 Absent 0 Conflicts 0

HB0166H2007/FAILED

Page 3-after line 20 Delete the House standing committee amendment (HB0166HS001/A) to this line.

Page 3-line 22 Delete the House standing committee amendment (HB0166HS001/A) to this line; delete \"preschool or a\".

Page 4-line 5 Delete the House standing committee amendment (HB0166HS001/A) to this line.

Page 6-line 10 Delete \"one (1) of\".

Page 6-line 13 Delete \":\".

Page 6-line 15 Delete \"(i)\" and insert \"if\".

Page 6-line 19 Delete \"; or\" and insert \".\".

Page 6-lines 21 and 22 Delete entirely.

Page 7-lines 1 and 2 Delete entirely.

Page 9-line 19 Delete \"paragraph (a)(i) of\".

Page 13-line 17 After \"(e)\" delete balance of line.

Page 13-lines 18 through 20 Delete entirely.

Page 13-line 21 Delete the line through \".\".

Page 14-line 5 Delete \"under W.S.\".

Page 14-line 6 Delete \"21-2-904(a)(i)\".

Page 15-line 21 Delete the House standing committee amendment (HB0166HS001/A) to this line.

Page 16-line 13 After \"(iv)\" delete balance of line.

Page 16-line 14 Delete \"21-2-904(a)(i),\".

Page 20-line 4 After \"(xii)\" delete balance of line.

Page 20-line 5 Delete \"21-2-904(a)(i),\". Andrew

HB0166H2008/FAILED

Page 9-line 23 Delete \"civics,\"; after \"literature\" insert \", language arts, social studies, fine arts and performing arts, physical education, health and safety, humanities, career and technical education, world cultures and languages, government and civics including federal constitution pursuant to W.S. 21-9-102\".

Page 15-line 20 Delete \"civics,\".

Page 15-line 21 After \"literature\" insert \", language arts, social studies, fine arts and performing arts, physical education, health and safety, humanities, career and technical education, world cultures and languages, government and civics including federal constitution pursuant to W.S. 21-9-102\". Newsome

2/23/2024 H 2nd Reading:Passed

HB0166H3001/ADOPTED

Page 11-after line 3 Insert:

\"(D) Requires that the ESA student receive instruction in the essentials of the United States constitution and the constitution of the state of Wyoming, including the study of and devotion to American institution and ideals. The willful failure of the parents of the ESA student to ensure the ESA student receives the instruction under this subparagraph shall be sufficient cause for the state superintendent to determine the ESA student is no longer eligible for the ESA program.\".

Page 21-after line 20 Insert:

\"(v) Establishing a process for determining the ESA student is no longer eligible for the ESA program for a failure of the ESA student to receive instruction in the essentials of the United States constitution and the constitution of the state of Wyoming under W.S. 21-2-904(b)(ii)(D).\". Newsome

ROLL CALL

Ayes: Representative(s) Allred, Angelos, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Chestek, Clouston, Conrad, Davis, Eklund, Haroldson, Harshman, Heiner, Henderson, Jennings, Knapp, Larsen, Lloyd, Larson, Jt, Lawley, Neiman, Newsome, Nicholas, Niemiec, Northrup, Oakley, Obermueller, O'hearn, Olsen, Pendergraft, Provenza, Rodriguez-Williams, Sherwood, Singh, Slagle, Smith, Speaker Sommers, Stith, Storer, Styvar, Tarver, Trujillo, Walters, Washut, Western, Wylie, Yin, Zwonitzer, Dan, Zwonitzer, Dave

Nays: Representative(s) Allemand, Andrew, Crago, Hornok, Locke, Ottman, Penn, Strock, Ward, Winter

Ayes 52 Nays 10 Excused 0 Absent 0 Conflicts 0

HB0166H3002/WITHDRAWN

HB0166H3003/FAILED

Page 1-line 9 After \"positions;\" insert \"requiring reporting;\".

Page 29-after line 17 Insert:

\"Section 6.

(a) Not later than October 1, 2025, and each October 1 thereafter, the state superintendent of public instruction shall prepare a report for the joint education interim committee that includes at minimum:

(i) The number of students denied an ESA;

(ii) The number of ESA students disciplined, suspended, dropped out, reenrolled in K-12 public school, graduated or admitted to college;

(iii) What, if any, special education services, accommodations or other specialized supports are provided to ESA students with disabilities, whether families are charged additional fees for these resources and the number of students receiving ESA funds with disabilities eligible for services under the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.;

(iv) The code of conduct, dress code or similar requirements of education service providers accepting funds from ESA students under this act, including any potentially discriminatory policies such as religious affiliation requirements and lesbian, gay, bisexual, transsexual and queer policies that may exclude students;

(v) Where ESA students were previously enrolled and, if they were previously enrolled in public schools, the district and school in which they were enrolled and the amount of funding lost by that school and district as a result of the drop in enrollment and the impact on the district's graduation rate;

(vi) An annual certification from each education service provider of the number of ESA students that attended, whether those students attended the full school year and the amount of ESA funds received.

(b) The state superintendent shall collect and publish the following information for each education service provider that receives funds from an ESA student under this act on the department of education's website:

(i) Graduation requirements;

(ii) Assessment requirements;

(iii) Health and safety incidents;

(iv) Accreditation, if any, and the name of the accrediting organization.\".

Page 30-line 1 Delete \"Section 6.\" and insert \"Section 7.\". Northrup

HB0166H3004/ADOPTED

Page 4-line 19 Delete \"who's\" and insert \"whose\".

Page 4-line 23 Delete \"who's\" and insert \"whose\".

Page 5-line 6 Delete \"who's\" and insert \"whose\". Northrup

HB0166H3005/FAILED

Page 10-line 6 After \"exam\" insert \"approved by the state superintendent\".

Page 20-line 5 Delete \",who choose to,\".

Page 20-line 6 After \"W.S. 21-2-304(a)\" insert \"or a nationally normed achievement exam approved by the state superintendent\".

Page 20-line 13 After \".\" insert \"The state superintendent shall establish an educational program to assist ESA students that perform substantially below grade level or fail to make adequate academic progress as measured by performance on the statewide assessments administered pursuant to W.S. 21-2-304(a) or the nationally normed achievement exam approved by the state superintendent. If an ESA student continues to perform substantially below grade level or continues to fail to make adequate academic progress as measured by performance on the assessments after institution of the educational program recommended by the state superintendent, the student shall be ineligible to receive funds under this act.\". Nicholas

HB0166H3006/FAILED (CORRECTED COPY)

Page 11-after line 3 Insert:

\"(iii) Requires the parent of an ESA student annually report all expenditures of funds received under this act. The report shall identify the qualifying expense and date for each expenditure.\". Nicholas

HB0166H3007/ADOPTED

Page 7-line 4 Delete \"parents\" and insert \"the custodial parent\". Nicholas

HB0166H3008/ADOPTED

Page 27-line 14 Delete \"forty million\".

Page 27-line 15 Delete \"dollars ($40,000,000.00)\" and insert \"twenty million dollars ($20,000,000.00)\". Nicholas

2/26/2024 H 3rd Reading:Passed 44-18-0-0-0

ROLL CALL

Ayes: Representative(s) Allred, Andrew, Angelos, Banks, Bear, Brown, Burkhart, Jr, Byron, Chadwick, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Heiner, Hornok, Knapp, Larsen, Lloyd, Larson, Jt, Lawley, Neiman, Newsome, Niemiec, Northrup, O'hearn, Olsen, Ottman, Pendergraft, Penn, Rodriguez-Williams, Singh, Smith, Speaker Sommers, Stith, Strock, Styvar, Tarver, Trujillo, Ward, Washut, Western, Winter, Wylie

Nays: Representative(s) Allemand, Berger, Chestek, Harshman, Henderson, Jennings, Locke, Nicholas, Oakley, Obermueller, Provenza, Sherwood, Slagle, Storer, Walters, Yin, Zwonitzer, Dan, Zwonitzer, Dave

Ayes 44 Nays 18 Excused 0 Absent 0 Conflicts 0

2/27/2024 S Received for Introduction

2/27/2024 S Introduced and Referred to S04 - Education

3/1/2024 S04 - Education:Recommend Amend and Do Pass 4-1-0-0-0

ROLL CALL

Ayes: Senator(s) Biteman, Brennan, Scott, Steinmetz

Nays: Senator Rothfuss

Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0

3/1/2024 :Rerefer to S02 - Appropriations

3/4/2024 S02 - Appropriations:Recommend Amend and Do Pass 3-0-2-0-0

ROLL CALL

Ayes: Senator(s) Anderson, Gierau, Nethercott

Excused: Senator(s) Kinskey, Salazar

Ayes 3 Nays 0 Excused 2 Absent 0 Conflicts 0

3/4/2024 S Placed on General File

HB0166SS001/ADOPTED (TO ENGROSSED COPY)

Page 3-lines 22 and 23 Delete entirely and renumber as necessary.

Page 4-lines 1 and 2 Delete entirely.

Page 4-line 4 Delete \"(vii)\" and insert \"(vi)\".

Page 4-line 5 Delete \"pre-kindergarten or a\".

Page 4-line 11 Delete \"(viii)\" and insert \"(vii)\".

Page 4-lines 19 through 22 Delete entirely and insert \"six thousand dollars ($6,000.00) per student.\".

Page 5-lines 1 through 15 Delete entirely.

Page 6-line 16 After \"resident,\" delete balance of the line.

Page 6-line 17 Delete \"qualifications, and subject to W.S. 21-2-903(a),\" and insert \"has not graduated from high school or received a high school equivalency certificate and is eligible to attend public school in this state\".

Page 6-line 19 Delete \":\" and insert \".\".

Page 6-line 21 through 23 Delete entirely.

Page 7-lines 2 through 5 Delete entirely.

Page 9-lines 21 and 22 Delete entirely and renumber as necessary.

Page 10-line 1 Delete \"(A)\" and insert \"(ii)\".

Page 10-line 3 After \"civics,\" insert \"including studies of the United States constitution and the constitution of the state of Wyoming,\".

Page 10-line 7 Delete \"(B) Requires\" and insert \"(iii) Provides\"; after \"student\" insert \"may\".

Page 10-line 11 Delete \"(C)\" and insert \"(iv)\".

Page 10-line 15 Delete \"subparagraph\" and insert \"paragraph\".

Page 10-line 17 Delete \"(I)\" and insert \"(A)\".

Page 11-line 1 Delete \"(II)\" and insert \"(B)\".

Page 11-line 5 Delete \"(III)\" and insert \"(C)\".

Page 11-lines 9 through 17 Delete entirely.

Page 14-line 9 After \"(e)\" delete balance of the line.

Page 14-lines 10 through 12 Delete entirely.

Page 14-line 13 Delete the line through \".\".

Page 14-line 20 Delete \"under \"W.S.\".

Page 14-line 21 Delete \"21-2-904(a)(i)\".

Page 16-line 10 Delete \", at minimum,\".

Page 16-line 13 After \"civics,\" insert \"including studies of the United States constitution and the constitution of the state of Wyoming,\".

Page 16-line 14 Delete \"and for pre-kindergarten ensure ESA\" and insert \";\".

Page 16-lines 15 and 16 Delete entirely.

Page 17-line 7 After \"(iv)\" delete balance of line.

Page 17-line 8 Delete \"21-2-904(a)(i),\".

Page 20-line 21 After \"(xii)\" delete balance of line.

Page 20-line 22 Delete \"W.S. 21-2-904(a)(i),\".

Page 22-line 14 Delete \";\" and insert \".\".

Page 22-lines 16 through 21 Delete entirely. Scott, Chairman

HB0166SS002/FAILED (TO ENGROSSED COPY)

Page 28-line 21 Delete \"twenty million\".

Page 28-line 22 Delete \"dollars ($20,000,000.00)\" and insert \"five million dollars ($5,000,000.00)\". ANDERSON, acting Chairman

3/5/2024 S COW:Passed

HB0166S2001/WITHDRAWN

HB0166S2002/FAILED (TO ENGROSSED COPY)

Page 3-lines 22 and 23 Delete the Senate standing committee amendment (HB0166SS001/AE) to these lines and renumber as necessary.

Page 4-lines 1 and 2 Delete the Senate standing committee amendment (HB0166SS001/AE) to these lines.

Page 4-line 4 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 4-line 5 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 4-line 11 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 6-line 6 After \"act\" insert \"until July 1, 2028 whereupon all unexpended, unobligated funds remaining in the expenditure account shall revert to the general fund\".

Page 6-line 16 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 6-line 17 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 6-line 19 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 6-lines 21 through 23 Delete the Senate standing committee amendment (HB0166SS001/AE) to these lines.

Page 7-lines 2 through 5 Delete the Senate standing committee amendment (HB0166SS001/AE) to these lines.

Page 7-line 5 After \"state.\" insert \"A child who qualifies and receives an ESA under this paragraph shall be automatically enrolled in the ESA program for kindergarten unless the parent elects to withdraw the child from the program pursuant to subsection (e) of this section.\".

Page 9-lines 21 and 22 Delete the Senate standing committee amendment (HB0166SS001/AE) to these lines and renumber as necessary.

Page 10-line 1 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 10-line 7 In the Senate standing committee amendment (HB0166SS001/AE) to this line, delete \"(iii)\" and insert \"(B)\".

Page 10-line 11 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 10-line 15 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 10-line 17 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 11-line 1 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 11-line 5 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 16-line 14 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 16-lines 15 and 16 Delete the Senate standing committee amendment (HB0166SS001/AE) to these lines.

Page 17-line 7 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 17-line 8 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 20-line 21 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line.

Page 20-line 22 Delete the Senate standing committee amendment (HB0166SS001/AE) to this line. Barlow

3/6/2024 S 2nd Reading:Passed

HB0166S3001/FAILED (TO ENGROSSED COPY)

(CORRECTED COPY)

Page 29-line 2 Delete \".\" and insert \"and the pilot program established in Section 6 of this act. Except for the funds expended pursuant to section 6 of this act,\".

Page 30-after line 22 Insert and renumber as necessary:

\"Section 6. The state superintendent of public instruction shall administer a pilot project to create education savings accounts for pre-kindergarten children four (4) years of age and older. This pre-kindergarten pilot project shall be an educational program with the primary goal of preparing children for kindergarten that provides up to one (1) school year of education prior to entry into kindergarten. Not more than twenty percent (20%) of the appropriation provided under Section 3 of this act shall be used for this pilot project. This project shall be limited to five (5) counties selected by the superintendent. The superintendent may contract with private providers to conduct the pilot project. The superintendent shall develop a protocol for evaluating the results of the pilot project and shall report the protocol to the joint education interim committee not later than July 1, 2025. The results achieved by the pilot project shall be reported to the joint education interim committee on an annual basis. This pilot project shall expire on July 1, 2030.\".

Page 31-line 1 Delete \"Section 6.\" and insert \"Section 7.\". Scott, Boner

HB0166S3002/WITHDRAWN

HB0166S3003/FAILED (TO ENGROSSED COPY)

Page 10-line 3 Delete \"No parent shall be\".

Page 10-line 4 and 5 Delete entirely and insert \"The science instruction shall include study of the geological age of the earth, natural selection and related topics. The parent shall agree to these conditions prior to receipt of any funds;\".

Page 24-line 13 After \"(f)\" insert \"Except as otherwise required by W.S. 9-2-904,\". Case

ROLL CALL

Ayes: Senator(s) Anderson, Case, Gierau, Rothfuss

Nays: Senator(s) Baldwin, Barlow, Biteman, Boner, Bouchard, Brennan, Cooper, Dockstader, French, Furphy, Hicks, Hutchings, Ide, Jones, Kinskey, Kolb, Landen, Laursen, Mckeown, Nethercott, Pappas, President Driskill, Salazar, Schuler, Scott, Steinmetz

Excused: Senator Ellis

Ayes 4 Nays 26 Excused 1 Absent 0 Conflicts 0

3/7/2024 S 3rd Reading:Passed 20-10-1-0-0

ROLL CALL

Ayes: Senator(s) Baldwin, Biteman, Boner, Bouchard, Brennan, Cooper, Dockstader, French, Hicks, Hutchings, Ide, Jones, Kinskey, Kolb, Laursen, Mckeown, President Driskill, Salazar, Scott, Steinmetz

Nays: Senator(s) Anderson, Barlow, Case, Furphy, Gierau, Landen, Nethercott, Pappas, Rothfuss, Schuler

Excused: Senator Ellis

Ayes 20 Nays 10 Excused 1 Absent 0 Conflicts 0

3/7/2024 H Received for Concurrence

3/7/2024 H Concur:Failed 27-34-1-0-0

ROLL CALL

Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Davis, Haroldson, Heiner, Hornok, Jennings, Knapp, Locke, Neiman, Ottman, Pendergraft, Penn, Rodriguez-Williams, Singh, Slagle, Smith, Strock, Styvar, Tarver, Trujillo, Ward, Washut, Winter

Nays: Representative(s) Allred, Berger, Brown, Burkhart, Jr, Byron, Chadwick, Chestek, Clouston, Conrad, Crago, Eklund, Harshman, Henderson, Larsen, Lloyd, Larson, Jt, Lawley, Newsome, Niemiec, Northrup, Oakley, Obermueller, O'hearn, Olsen, Provenza, Sherwood, Speaker Sommers, Stith, Storer, Walters, Western, Wylie, Yin, Zwonitzer, Dan, Zwonitzer, Dave

Excused: Representative Nicholas

Ayes 27 Nays 34 Excused 1 Absent 0 Conflicts 0

3/7/2024 H Appointed JCC01 Members

Representative(s) Brown, Clouston, Lawley

3/8/2024 S Appointed JCC01 Members

Senator(s) Barlow, Boner, Rothfuss

3/8/2024 H Adopted HB0166JC001: 34-27-1-0-0

HB0166JC001/HADOPTEDSADOPTEDSADOPTED (TO ENGROSSED COPY)

Delete the following Senate amendments:

HB0166SS001/A

Further amend the ENGROSSED COPY as follows:

Page 5-lines 1 through 15 Delete entirely and insert:

\"(i) Six thousand dollars ($6,000.00) for students whose household income is at or below one hundred fifty percent (150%) of the federal poverty level;

(ii) Four thousand eight hundred dollars ($4,800.00) for students whose household income is at or below two hundred percent (200%) of the federal poverty level but more than one hundred fifty percent (150%) of the federal poverty level;

(iii) Three thousand six hundred dollars ($3,600.00) for students whose household income is at or below two hundred fifty percent (250%) of the federal poverty level but more than two hundred percent (200%) of the federal poverty level;

(iv) Three thousand dollars ($3,000.00) for students whose household income is at or below three hundred percent (300%) of the federal poverty level but more than two hundred fifty percent (250%) of the federal poverty level;

(v) Two thousand four hundred dollars ($2,400.00) for students whose household income is at or below three hundred fifty percent (350%) of the federal poverty level but more than three hundred percent (300%) of the federal poverty level;

(vi) One thousand eight hundred dollars ($1,800.00) for students whose household income is at or below four hundred percent (400%) of the federal poverty level but more than three hundred fifty percent (350%) of the federal poverty level;

(vii) One thousand two hundred dollars ($1,200.00) for students whose household income is at or below four hundred fifty percent (450%) of the federal poverty level but more than four hundred percent (400%) of the federal poverty level;

(viii) Six hundred dollars ($600.00) for students whose household income is at or below five hundred percent (500%) of the federal poverty level but more than four hundred fifty percent (450%) of the federal poverty level.\".

Page 10-line 3 After \"civics,\" insert \"including studies of the United States constitution and the constitution of the state of Wyoming,\".

Page 11-lines 9 through 17 Delete entirely.

Page 14-line 9 Delete \"Seventy percent (70%)\" and insert \"Except as provided under this subsection, eighty percent (80%)\".

Page 14-line 11 Delete \"thirty percent (30%)\" and insert \"twenty percent (20%)\".

Page 14-line 13 After \"year.\" insert \"Any funds allocated under this subsection for the award of ESAs to students eligible pursuant to W.S. 21-2-904(a)(ii) that are not awarded in any school year may be awarded to students eligible pursuant to W.S. 21-2-904(a)(i).\".

Page 16-line 13 After \"civics,\" insert \"including studies of the United States constitution and the constitution of the state of Wyoming,\".

Page 22-line 14 Delete \";\" and insert \".\".

Page 22-lines 16 through 21 Delete entirely. BROWN, CLOUSTON, LAWLEY, BARLOW, BONER, ROTHFUSS

ROLL CALL

Ayes: Representative(s) Allemand, Andrew, Angelos, Banks, Bear, Berger, Brown, Burkhart, Jr, Byron, Clouston, Conrad, Crago, Davis, Eklund, Haroldson, Knapp, Larson, Jt, Lawley, Locke, Neiman, Niemiec, O'hearn, Ottman, Penn, Rodriguez-Williams, Singh, Speaker Sommers, Stith, Strock, Tarver, Ward, Washut, Western, Wylie

Nays: Representative(s) Allred, Chadwick, Chestek, Heiner, Henderson, Hornok, Jennings, Larsen, Lloyd, Newsome, Nicholas, Northrup, Oakley, Obermueller, Olsen, Pendergraft, Provenza, Sherwood, Slagle, Smith, Storer, Styvar, Trujillo, Walters, Winter, Yin, Zwonitzer, Dan, Zwonitzer, Dave

Excused: Representative Harshman

Ayes 34 Nays 27 Excused 1 Absent 0 Conflicts 0

3/8/2024 S Adopted HB0166JC001: 28-3-0-0-0

HB0166JC001/HADOPTEDSADOPTEDSADOPTED (TO ENGROSSED COPY)

Delete the following Senate amendments:

HB0166SS001/A

Further amend the ENGROSSED COPY as follows:

Page 5-lines 1 through 15 Delete entirely and insert:

\"(i) Six thousand dollars ($6,000.00) for students whose household income is at or below one hundred fifty percent (150%) of the federal poverty level;

Page 10-line 3 After \"civics,\" insert \"including studies of the United States constitution and the constitution of the state of Wyoming,\".

Page 11-lines 9 through 17 Delete entirely.

Page 14-line 9 Delete \"Seventy percent (70%)\" and insert \"Except as provided under this subsection, eighty percent (80%)\".

Page 14-line 11 Delete \"thirty percent (30%)\" and insert \"twenty percent (20%)\".

Page 16-line 13 After \"civics,\" insert \"including studies of the United States constitution and the constitution of the state of Wyoming,\".

Page 22-line 14 Delete \";\" and insert \".\".

Page 22-lines 16 through 21 Delete entirely. BROWN, CLOUSTON, LAWLEY, BARLOW, BONER, ROTHFUSS

ROLL CALL

Ayes: Senator(s) Anderson, Baldwin, Barlow, Biteman, Boner, Bouchard, Brennan, Cooper, Dockstader, Ellis, French, Furphy, Gierau, Hicks, Hutchings, Jones, Kinskey, Kolb, Landen, Laursen, Mckeown, Nethercott, Pappas, President Driskill, Rothfuss, Salazar, Scott, Steinmetz

Nays: Senator(s) Case, Ide, Schuler

Ayes 28 Nays 3 Excused 0 Absent 0 Conflicts 0

3/8/2024 Assigned Number HEA No. 0053

3/8/2024 H Speaker Signed HEA No. 0053

3/8/2024 S President Signed HEA No. 0053

3/21/2024 Governor Signed HEA No. 0053

3/21/2024 Assigned Chapter Number 108

Chapter No. 108 Session Laws of Wyoming 2024