Wyo. Stat. § 21-13-321 (2026)

education programs and services; reimbursement for out-of-
district placements; district reporting requirements; billing
for Medicaid authorized school based services.

    (a)   As used in this section:

          (i) "General fund operating expenditures" means those
expenditures of the district from the general fund for operation
of the district as reported to the department of education under
rules promulgated by the department;

          (ii) "Special education programs and services" means
programs and services for students with disabilities as
identified under the federal Individuals with Disabilities
Education Act, 20 U.S.C. § 1400 et seq.

     (b) Except for expenditures for out-of-district special
education placements, the amount provided to a school district
for special education shall be equal to one hundred percent
(100%) of the amount actually expended by the district during
the previous school year for special education programs and
services, which shall include the amount actually expended by
the district during the previous school year for reasonable
administrative costs to bill for authorized Medicaid services
under subsection (h) of this section. Amounts provided under
this section shall be in addition to and shall not be considered
in determining the school foundation program amount under the
education resource block grant model pursuant to W.S. 21-13-309.
Except for expenditures for out-of-district special education
placements, the department of education shall distribute the
amount computed under this section to each school district in
the same proportion and schedule of distributions under W.S. 21-
13-313(c). Expenditures by a district for out-of-district
special education placements shall be reimbursed in the year in
which the costs are incurred and shall be distributed to each
school district on a quarterly basis in accordance with rules
adopted by the department of education.

    (c)   Repealed by Laws 2003, Ch. 208, § 102.

     (d) The department of education shall adopt necessary
rules to implement and administer this section. Districts shall
report special education program expenditures for the applicable
reporting period as required by department rule and regulation.
District expenditures computed under subsection (b) of this
section shall not include expenditures for contributions to the
Wyoming retirement system specified in W.S. 21-13-339 of any
member employee's salary. The department shall annually review
and report to the joint education interim committee regarding
services provided to special education students by school
districts. In addition, the department shall when necessary,
conduct audits of information submitted by districts under this
section and may, in accordance with W.S. 21-13-307(b), correct
the information reported by districts as necessary to fairly and
accurately reflect the data type, classification and format
required to administer this section in accordance with law and
department rule and regulation.

    (e)   Repealed By Laws 2004, Chapter 74, § 1.

     (f) In addition to subsection (d) of this section, the
state department of education shall assess school district
special education staffing levels based upon staffing guidelines
established pursuant to W.S. 21-2-202(a)(xxiii), and report on
the adequacy of staffing levels to the joint education interim
committee. School districts shall report staffing and other
necessary information to the department in accordance with
department rules and regulations and shall provide written
explanation to the department justifying district special
education staffing levels. Based upon information collected
under this subsection and following review, the department shall
include within its report to the joint education interim
committee as required under subsection (d) of this section,
recommendations for improving appropriate special education
program and service delivery within the state.

     (g) Assistive technology equipment included within
district expenditures for special education programs and
services and reported under subsection (b) of this section,
which was acquired to assist a student with a specific
disability, shall to the extent practicable, transfer with that
student if the student transfers to another school district
within the state. Within the report required under subsection
(d) of this section, districts shall separately document
assistive technology equipment including an inventory of
assistive technology equipment and the status of the usage
levels of the equipment and shall report to the department
equipment which is accordingly transferred to another school
district or which is currently unused by the district. The
provisions of this subsection requiring transfer of assistive
technology equipment apply only if no other student within the
district currently uses the equipment and the equipment is
capable of transfer to another district.

     (h) Beginning July 1, 2022, each school district with
Medicaid eligible students receiving special education programs
and services, as calculated by the department of education
pursuant to subsection (j) of this section, may bill the
department of health for the costs of any special education
program and service covered under W.S. 42-4-103(a)(xxxiv)
through (xxxvi) provided to the district's students. The
department of health shall provide payment to each eligible
school district that has billed the department of health as soon
as reasonably practical for the costs of approved services. By
September 1 of each school year, each school district shall
remit to the department of education all funds received during
the prior school year from the department of health for billed
services. The department of education shall remit all funds
received under this subsection to the state treasurer for
deposit in the public school foundation program account.

     (j) A school district may report the number of Medicaid
eligible students receiving special education programs and
services enrolled within the school district on forms and in
such manner required by the department for the 2021-2022 school
year. Beginning with the 2022-2023 school year and each school
year thereafter, a school district shall report the number of
Medicaid eligible students receiving special education programs
and services enrolled within the school district on forms and in
the manner required by the department. The number of Medicaid
eligible students receiving special education programs and
services for a school year shall be determined by the department
of education using data from October 1 of the immediately
preceding school year.