W.S. 48-9 - [Effective until 9/12/2025] Education Service Provider Certification

(a) To participate in the program, an ESP shall complete an application in the form provided by the Department.

(i) K-12 ESP Certification:

(A) An applicant seeking to become a qualified school for K-12 students shall provide evidence that it is offering instruction in reading, writing, mathematics, civics, history, literature, and science.

(B) The Department may verify that a certified ESP continues to comply with all statutory or rule requirements at any time. Certified ESPs shall provide the Department with documentation or other compliance evidence, such as a verification phone call, virtual meeting, or in-person inspection within a reasonable time, as the Department determines, following the Department's request.

(C) An ESP that the Department does not approve may be terminated or placed on a corrective action plan as the Department determines.

(ii) Pre-Kindergarten Certification:

(A) An applicant seeking to become a qualified school or facility for pre-kindergarten students shall provide evidence that it is offering instruction necessary for preparation to enter kindergarten.

(B) An applicant seeking to become a qualified school or facility with a pre-kindergarten program shall maintain a Department of Family Services child care facility license if required to operate as a DFS licensed child care facility or provide pre-k programming in a qualified private or public school.

(C) An initial applicant providing services to pre-kindergarten students may receive provisional certification status for up to one year. The Department shall conduct a certification review of the ESP's conduct during the first year to evaluate program compliance. The Department will confer full certification status if the ESP's performance is acceptable.

(D) An ESP not receiving Agency approval may be terminated or placed on a corrective action plan as determined by the Agency

(b) If the Department approves an ESP application, the ESP is certified to accept program funds. A certified ESP receiving program funds may not be an immediate family member of the ESA student (parent, step-parent, grand-parent, aunt, uncle, sibling, step-sibling, half-sibling, or first cousin).

(c) A certified ESP shall not refund, rebate or share ESA funds with parents/guardians or ESA students in any manner, except those funds may be remitted or refunded to an ESA in accordance with procedures established by the Department.

(d) A certified ESP shall comply with all applicable ESA program statutes and rules.

(e) A certified ESP receiving or expecting to receive $150,000 or more annually in ESA funds shall file with the Department a surety bond in the amount equivalent to anticipated ESA revenue payable to the Department. No ESP that has received $150,000 annually in ESA funds shall be eligible to receive additional funds until it complies with the bonding requirement in this subsection.

(f) An education service provider candidate is not eligible to receive funds if it requires an ESA student to sign a contract waiving the student's right to transfer to another education service provider during the school year.

Notes

W.S. 48-9

Adopted, Eff. 5/15/2025, exp. 9/12/2025 (Emergency).