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					From:             Samantha Mills
To:               Gingerich, Sam
Subject:          FW: Approval for delivery of online or distance education courses
Date:             Monday, April 25, 2011 3:54:56 PM
Attachments:      Chapt. 30 application.pdf
                  30 rules.pdf
                  ARTICLE 4.pdf
                  Ch 30 PSL15.pdf




Good Afternoon:

Wyoming requires that institutions that are offering educational services or employment in the
State of Wyoming be registered prior to so doing.

The governing statutes, rules and regulations may be found at the following URL:
http://edu.wyoming.gov/Programs/schools/private_school_licensing.aspx ; Specifically, W.S. 21-2-
401 et. seq., and Wyoming Department of Education Rules and Regulations Chapter 30 govern this
process. You may also find the application for registration at the above-mentioned URL.

The licensure period begins on July 1st and ends on June 30 th annually. There is a one-page
application and an one hundred ($100) application fee due each year. Please note that the
application does state for private institutions; however, private is defined as a “non Wyoming
public institution.”

Should you have any further questions or concerns, please feel free to contact me and I will be
happy to assist. My e-mail address is smills@educ.state.wy.us and my direct phone number is 307-
777-5712.




Samantha Mills
Private School Program Manager/Charter School Consultant
Wyoming Department of Education
2300 Capitol Avenue
Hathaway Building, 2nd Floor
Cheyenne, WY 82002
Wyoming Private School Program                                                                   PSL 610 A
Wyoming Department of Education                                                                     04/08
2300 Capitol Ave.
Cheyenne, WY 82072
(307) 777-5712


                            WYOMING DEPARTMENT OF EDUCATION
                                       CHAPTER 30

                     APPLICATION FOR REGISTRATION FOR
          ACCREDITED POSTSECONDARY DEGREE GRANTING INSTITUTIONS

                    Registration for the period of July 1,       through June 30,_______

Application is hereby made for a private school registration pursuant to Wyoming
Statutes 21-2-401 thru 21-2-407 and in accordance with the Chapter 30 Rules and
Regulations of the Wyoming Department of Education.
1.    A $100 fee must accompany this application, plus $100 fee per agent (if applicable)
2.    Proof of accreditation from an agency recognized by the United States Department of
      Education (USDE) shall be attached to this application. Name of accrediting
      Association______________________________________
3.    Accrediting association is recognized by the USDE _______Yes _______No

Date of Application: ________________________      Initial _____ Renewal _____

Name of Institution:

Physical Location of Institution: ______________________________________________________

Mailing Address of Institution: _______________________________________________________

Institution’s Phone Number: __________________________ Fax Number: __________________

E-mail____________________________ Web Site________________________________________

Address of Instructional Site in Wyoming: _______ (Check if same as above) ___________
_____________________________________________________________________________________


Local Director: ____________________________________ Phone: ___________________________

Method of Operation: ____ Residence ____ Distance Learning ____ Combination

Is the Institution a branch of another institution? (Y/N) _____
If yes:
        The applicant institution is a branch of: ________________________________________

         Address of parent institution (street, city, state, zip) ____________________________
         _______________________________________________________________________________


The above information is true and correct to the best of my knowledge and belief.

Signed by:

Title:                                                                      Date:
                                 TABLE OF CONTENTS


Section 1.    Authority.                                                         30-1
Section 2.    Purpose.                                                           30-1
Section 3.    Applicability.                                                     30-1
Section 4.    Promulgation, Amendment or Repeal of Rules.                        30-1
Section 5.    Definitions.                                                       30-1
Section 6.    Registration.                                                      30-2
Section 7.    Registration Requirements for Accredited Institutions.             30-4
Section 8.    Registration Requirements for Candidate/Applicant Institutions.    30-4
Section 9.    Registration of Agents.                                            30-5
Section 10.   Suspension, Revocation, Non-renewal of Registrations / Licenses.   30-6
Section 11.   Appeal Procedures.                                                 30-7
Section 12.   Penalties and Prohibitions.                                        30-7
Section 13.   Exemptions.




                                          30-iii
                                      CHAPTER 30

  Private School Registration / Licensing for Private Degree Granting Post-Secondary
                                 Education Institutions

       Section 1. Authority.

       These rules are promulgated pursuant to Wyo. Stat. §§ 21-2-202(a)(i) and 21-2-
401 through 21-2-407.

       Section 2. Purpose.

         The purpose of these rules is to establish a process and procedure for the
regulation, operation and registration of private degree granting post secondary education
institutions and implement the provisions contained in Wyo. Stat. §§ 21-2-401 through
21-2-407.

       Section 3. Applicability.

        These rules govern the operation of all private degree granting post secondary
education institutions which operate or do business in the State or intend to operate and
do business in the State. These rules do not apply to those organizations and institutions
specifically exempt by law, as contained in Wyo. Stat. § 21-2-406.

       Section 4. Promulgation, Amendment or Repeal of Rules.

       The promulgation, amendment or repeal of rules shall become effective as
provided by the Wyoming Administrative Procedure Act (Wyo. Stat. §§ 16-3-101
through 16-3-115).

       Section 5. Definitions.

       (a)     “Accredited” means accredited by an accrediting agency recognized by
the United States Department of Education.

         (b)    “Agent” means any person representing a private degree granting post
secondary education institution, who solicits business or students in any public school
within the State. This includes those individuals employed to solicit resident students by
schools or institutions located outside the State which are similar to schools or
institutions specified under Wyo. Stat. § 21-2-402.

         (c)    “Applicant” means any private degree granting post secondary education
institution seeking registration by the Department under these rules.

       (d)     “Attorney General” means the Attorney General of the State of Wyoming.




                                           30-1
        (e)     “Candidate institution” means a private degree granting post secondary
education institution licensed to operate or to business under Wyo. Stat.§ 21-2-401 et seq.
prior to July 1, 2006 that is a candidate for accreditation or institution otherwise in the
application process that has applied for accreditation with an accrediting agency
recognized by the United States Department of Education and is being considered for
candidacy status for accreditation by that association and is in the process of gathering
information and performing activities requested by that association to complete the
application process.

       (f)     “Degree” means any award, earned or honorary, conferred with the
designation of associate, baccalaureate, master, professional, specialist or doctorate.

        (g)    “Department” means the Wyoming Department of Education as
established by Wyo. Stat. § 21-2-204.

       (h)     “Distance education” means the teacher and student are physically
separated by time or space and connected by means of communications source used to
provide synchronous or asynchronous instruction.

         (i) “Private degree granting post secondary education institution” means any
institution, all trade, correspondence, distance education, technical, business, or other
private schools, offering a degree, earned or honorary, conferred with the designation of
associate, baccalaureate, master, professional, specialist or doctorate; may be referred to
as “institution” in this document.

        (j)     “Proof of accreditation” means a statement of affiliation status, a
certificate of accreditation, or formal notification from a recognized accreditation agency
as accepted by the Department.

        (k)   “Prospective institutions” means an accredited private degree granting
post secondary education institution that has not obtained registration from the
Department that enters with the intent operating and doing business in the state of
Wyoming.

       (l)    “Recognized accreditation agency” means an accrediting agency
recognized by the United States Department of Education.

       (m)     “Registration” means a non-transferable certificate granted and issued by
the Wyoming Department of Education to a private degree granting post secondary
education institution.

        (n)     “Superintendent” means the Wyoming State Superintendent of Public
Instruction as established by the Wyo. Const. Art. 7, § 14 and Wyo. Stat. § 21-2-201.




                                            30-2
        Section 6. Notice of Intent for Prospective Institutions.

        (a)    All prospective institutions shall notify the Department in the manner and
form prescribed by the Department prior to commencing operation, soliciting students or
enrolling any students in any manner in Wyoming.

      (b)     Notification shall be in the manner and form prescribed by the
Department, but shall at a minimum include the following:

               (i) A performance bond or letter of credit in the amount of ten thousand
dollar ($10,000) that is approved as to form by the Attorney General. The following
applies to any performance bond or letter of credit obtained for purposes of this
subsection:

                   (A)   The performance bond or other form of security shall be
maintained continuously while operating as a prospective institution.

                     (B)     The Department shall be the custodian of all bonds and other
securities filed under this Section and may render administrative, but not legal assistance,
to all aggrieved persons who may be entitled to relief under the bond.

                      (C)    A finding by the Department that any institution practiced
fraud, made any fraudulent representation, or violated any statute, rule or regulation
relating to the application for registration or operation of the institution may result in
forfeiture of the full amount of the bond and the inability of the institution to obtain
registration.

              (ii) Official documentation or other verification of accreditation by an
accrediting association recognized by the United States Department of Education

              (iii) Identification of the business structure to be utilized (i.e. partnership,
limited liability, corporation etc.);

             (iv) Identification of a registered agent as required by the Wyoming
Secretary of State’s Office for business registration purposes;

                 (v)    Anticipated timeline for application to the Department for
registration;

                (vi)    Identification of any facilities necessary for operation;

                (vii)   General description of courses to be offered;

            (viii)      Identification of prospective student population, by type and number;




                                               30-3
             (ix)   List of business contacts located in Wyoming; and,

              (x)   Description of financial feasibility.

        (c) Notification of the Department by prospective institutions does not
constitute registration. Prospective institutions shall not communicate in such a manner
that would lead to the conclusion that the institution is in any way registered or licensed
by the Department prior to complying with Section 7 of these Rules and Regulations and
obtaining official documentation from the Department that indicates such a status.

       (d) Within ten (10) business days, the Department shall respond to a
prospective institution with a letter which indicates one of the following:

                (i) The prospective institution may proceed with application for
registration as an accredited private degree granting post secondary education institution
in accordance with Section 7 of these Rules;

               (ii) Additional information is necessary prior to proceeding with
registration; or,

              (iii) The prospective institution may not continue with application for
registration under Chapter 30. In this event, the Department shall state the reason why
Chapter 30 is not applicable.

             (iv) In no event shall a prospective institution operate or do business in the
state of Wyoming in excess of three (3) calendar months after notification to the
Department without obtaining registration as a private degree granting post secondary
education institution in accordance with Section 7 of these Rules.

       Section 7. General Registration Requirements for all Institutions.

       (a)      All private degree granting post secondary education institutions shall
apply annually to the Department for registration or renewal of registration in accordance
with the statutes, rules and regulations and policies of the Department.

       (b)      The registration granted to a private degree granting post secondary
education institution shall be valid for a period of one (1) year, which will be measured
from the first day of July preceding the date on which the registration was issued.

       (c)    Applications and renewals for registration with the Department shall be in
the manner and form prescribed by the Department.

       Section 8. Registration Requirements for Accredited Institutions.




                                           30-4
       (a)    Institutions accredited by an accrediting agency recognized by the United
States Department of Education shall submit the following information or documents to
the Department for consideration for registration:

           (i)     Complete and accurate registration application in the form and
manner prescribed by the Department;

            (ii)    Official documentation or other verification of accreditation by an
accrediting association recognized by the United States Department of Education; and

           (iii)     An annual registration fee of one hundred dollars ($100.00) in the
form of a certified check payable to the “Wyoming Department of Education.”

       Section 9. Registration Requirements for Candidate/Applicant Institutions.

      (a)     Candidate institutions shall submit the following information or
documents to the Department for consideration for registration:

           (i)     Complete and accurate registration application in the form and
manner prescribed by the Department of Education;

            (ii)    Official verification or proof of acceptance as a candidate or
applicant for accreditation by a recognized accrediting agency;

           (iii)     An annual registration fee of one thousand dollars ($1000.00) in the
form of a certified check payable to the “Wyoming Department of Education”;

            (iv)    A performance bond or letter of credit in the amount of ten thousand
dollar ($10,000) that is approved as to form by the Attorney General. The following
applies to any performance bond or letter of credit obtained for purposes of this
subsection:

                   (A)   The performance bond or other form of security shall be
maintained continuously while registered as a candidate institution.

                     (B)     The Department shall be the custodian of all bonds and other
securities filed under this Section and may render administrative, but not legal assistance,
to all aggrieved persons who may be entitled to relief under the bond.

                      (C)    A finding by the Department that any institution practiced
fraud, made any fraudulent representation, or violated any statute, rule or regulation
relating to the application for registration or operation of the institution may result in
forfeiture of the full amount of the bond and loss of registration.




                                            30-5
         (b)    For registration by the Department as a candidate institution, in addition to
submitting the required application and documentation, the candidate institution shall
assist the Department in development of a plan that monitors the progress of the
candidate institution towards obtaining accreditation. The plan shall:

             (i)   Include a detailed timeline specifying the critical milestones to be
undertaken by the candidate institution to obtain accreditation and the time that is
necessary to complete each item;

            (ii)   Be signed by the Department and the candidate institution and serve
as a formal agreement between the parties to ensure the milestones are accomplished in
accordance with the terms of the plan to maintain registration as a candidate institution;

            (iii)   Include a provision which requires the candidate institution to
provide a copy of any and all correspondence or documents, which relate to the
accreditation or applicant or candidacy status of the institution, to the Department in a
timely manner.

       (c)      The candidate institution shall submit annual progress reports with the
annual renewal registration which outlines the progress of the candidate institution
towards accomplishing the items identified in the plan. The progress report shall include
documentation from the accrediting agency which supports progress towards, or
accomplishment of, the tasks identified in the plan. Progress toward obtaining
accreditation in accordance with the plan outlined in Subsection (b) shall be made to
maintain registration as a candidate institution.

        (d)     The period of registration as a candidate institution shall not exceed five
(5) years and shall expire at the end of the five (5) year period or at the time the applicant
is refused candidacy or application status or accreditation by the accrediting association,
or otherwise loses candidacy or application status, whichever occurs first. The
candidate institution shall not operate or conduct business in this State upon expiration of
the five (5) years or loss of candidacy or application status for accreditation.

       (e)     Exceptions may be granted to the five (5) year limitation upon a
determination by the Department that good cause has been demonstrated by the applicant
and an extension or an exception is necessary and appropriate. Good cause does not exist
and shall not be recognized by the Department for the following reasons:

               (i)     Change of ownership, management or instructional staff by the
applicant;
               (ii)    Change of location of the applicant’s campus;

               (iii)   Change of programs of instruction;

               (iv)    Change of financial status of applicant;




                                            30-6
               (v)         Change of name of institution; or

                   (v)     Change of accrediting agency prior to achieving accreditation;

        (f)    Requests for exceptions to the five (5) year limitations shall be made in
the writing and in the form and manner prescribed by the Department.

                (i)     The Department shall respond to a request for an extension of the
five (5) year limitation in writing.

              (ii)         In the event the request is denied, the response shall state the
reasons for denial.

              (iii)    In the event the request is granted, the Department shall state the
appropriate reason for the exception and shall identify a period of time for which the
exception applies.

               (iv)       In no event shall an exception be granted in excess of one (1) year
from the time it is requested. Consecutive exceptions may be requested for good cause,
but the Department shall re-visit the exception request no less than once annually to
determine if it is still appropriate.

       Section 10. Registration of Agents.

        (a)     Prior to soliciting business or resident students in any public school within
the State, an agent shall submit the following documentation and items to the Department
for consideration for registration as an agent:

           (i)    Complete and accurate application for registration as an agent in the
form and manner prescribed by the Department of Education;

            (ii)     An annual registration fee of one hundred dollars ($100.00) in the
form of a certified check payable to the “Wyoming Department of Education”;

           (iii)         Copies of any documentation intended for distribution;

            (iv)         Brief description of market or school targeted and approach for
solicitation.

       Section 11. Suspension, Revocation, Non-renewal of Registrations / Licenses.

        (a)     The Department may suspend, revoke or choose not renew the registration
or licensure of any private degree granting institution subject to the requirements of the
Wyoming Administrative Procedure Act (Wyo. Stat. §§ 16-3-101 through 16-3-117).




                                                30-7
        (b)    Suspension, revocation and non-renewal proceeding shall be instituted in
the following instances:

                 (i)    Loss of accreditation status;

                (ii)    Loss of accreditation candidacy or application status;

                (iii)   Failure to maintain the required bond;

                (iv)    Violation of any rule, regulation or federal or State statute;

                 (v)    Other instances when necessary to protect the interests of the State or
its citizens.

         (c)     The institution shall be given ten (10) business days from the date the
notice was post-marked to demonstrate compliance with all lawful requirements to retain
its license or registration.

       (d)    The Department shall notify the institution or its agent of the decision to
revoke, suspend or not renew a license or registration by certified mail, receipt requested.

        (e)    The date for purposes of calculating the various timelines related to the
notice of suspension, revocation or non-renewal shall be the date as evidence by the
postmark on the notification of suspension, revocation or non-renewal.

       (f)    The notification of suspension, revocation or non-renewal shall contain the
following provisions:

                 (i)    The facts or conduct which warrant the intended action;

           (ii)    The institution will be given ten (10) business days to demonstrate
compliance with all lawful requirements for retention of the license or registration;

            (iii)    The institution has the ability to request a contested case proceeding,
within forty-five (45) days of the date postmarked on the notice, to appeal the
Department’s decision to revoke, suspend or not renew the institution’s license or
registration in accordance with the provisions of the Wyoming Administrative Procedure
Act (Wyo. Stat. § 16-3-101 et seq).

        Section 12. Appeal Procedures.

        (a)     The institution has forty-five (45) calendar days from the post-marked date
on the notice to request a contested case hearing regarding the license or registration




                                               30-8
revocation, suspension or non-renewal. Any requests made after the forty-five (45) day
period will not be granted unless “good cause” had been demonstrated.

      (b)      Contested case proceedings shall be conducted in accordance with the
Department’s rules and regulations and the Wyoming Administrative Procedure Act
(Wyo. Stat. § 16-3-101 et seq.).

       (c)     License suspension, revocation or non-renewal shall become effective
upon expiration of the forty-five (45) day period or conclusion of a contested case
proceeding if the Department finds the suspension, revocation or non-renewal is
warranted by the substantial weight of the evidence.

       Section 13. Penalties and Prohibitions.

        (a)    Any person violating the provisions of Wyo. Stat. § 21-2-401 et seq. is
guilty of a misdemeanor punishable by a fine of not more than one thousand dollars
($1,000.00), by imprisonment in the county jail not to exceed six (6) months, or both.

        (b)     Each solicitation of enrollment or each transaction of business without a
license, registration certificate or without providing notification to the Department
constitutes a separate offense.

       (c)     Any person violating the provisions of the applicable statutes and rules
and regulations may also be enjoined from the continuation of the violation by
proceedings brought by the Attorney General, any district attorney, any school official or
any aggrieved citizen, regardless of whether criminal proceedings have been instituted.

        (d)    No private degree granting post secondary education institution shall file
an application for registration, nor shall any registration be granted to any institution,
where the institution has any past or present common ownership, management, marketing
or other operation of any kind with an institution whose license or registration has been
suspended, revoked or not renewed under these Rules.

         (e)     No official or employee of the Department, any college or university
within the State or any school district within the State shall permit the school or
institution, or proprietor or agent thereof, to solicit business in any public school within
the State and/or provide any list of students or other list of prospects to the school,
institution or proprietor or agent thereof unless the school or institution, or proprietor or
its agent is currently licensed, registered or has provided notification as required under
these rules and regulations

         (f)     No school or institution licensed, registered or providing notification in
accordance with these rules shall claim or advertise to prospective or enrolled students
that it is accredited in the United States unless the named accrediting association,
commission or other entity is approved by the United States Department of Education




                                             30-9
and the institution is registered by the Department in accordance with rule, regulation and
statute.

        Section 14. Exemptions.

       (a)    The following schools and institutions are exempt according to statute
from the above requirements and registration with the Department is not necessary:

             (i)     Any parochial, church or religious school as defined by Wyo. Stat. §
21-4-101(a)(iv) which is maintained by a church, religious denomination or religious
organization comprised of multi-denominational members of the same recognized
religion, lawfully operating the school or institution pursuant to applicable laws
governing its organization and the school or institution:

                     (A)     Offers elementary and secondary education programs only; or

                     (B)      Operates as a degree granting post secondary education
institution, provides instruction through means not defined as distance education and the
institution:

                              (I) Issues diplomas or degrees restricted to the beliefs and
practices of the affiliated church, religious denomination or religious organization and
includes a statement on the face of issued diploma or degrees and course transcripts
referencing the theological or religious nature of the subject area for which any diploma
or degree is awarded, clearly reflecting the nature of the diploma title as “Diploma of
Religious Studies” or “degree title as “Associate of Religious Studies”, “ Associate of
Arts of Religious Studies”, Bachelor of Religious Studies” or “Bachelor of Arts of
Religious Studies”;

                            (II) Annually files with the Department evidence of
nonprofit religious organization status for purposes of federal taxation and organization
under the laws of Wyoming in the manner and form required by the Department;

                      (C)     Any institution not operating on or before March 3, 2010,
shall report to the Department any degree which the institution will award and the
religious affiliation that the institution maintains in not less than sixty (60) days prior to
first issuing any degree or diploma as a religious institution in accordance with Section
13(a)(i) of these Rules. This notification shall be in writing and in the manner and form
prescribed by the Department.

             (ii)    A home-based educational program as defined by Wyo. Stat. § 21-4-
101(a)(v);

            (iii)   Aircraft flight training schools approved and authorized by the
federal aviation agency of the United States of America; or




                                            30-10
            (iv)     A non-degree granting school teaching techniques of outdoor
recreation, leadership, ecology or conservation domiciled in the State of Wyoming.




                                         30-11
                            ARTICLE 4
                    PRIVATE SCHOOL LICENSING

  21-2-401. License required; registration required for private
degree granting post secondary education institutions;
department of education to administer and set minimum standards
for licensure.

    (a) Except as provided by subsection (b) of this section,
all trade, correspondence, distance education, technical,
vocational, business or other private schools which are located
within the state or have their principal place of business out
of state but are doing business in the state, shall be licensed
under this article before operating or doing business in this
state.

    (b) Any private degree granting post secondary education
institution shall prior to operating or doing business in this
state or continuing to operate or do business in this state,
notify the department of education pursuant to W.S. 21-2-402(f)
or be registered with the department in accordance with this
article.

    (c) The department of education shall administer and
enforce this article.

    (d) The department shall establish minimum standards for
all schools described in subsection (a) of this section and
provide for the investigation and evaluation of the schools as
necessary to administer this article.

  21-2-402. Licensure; registration of private degree granting
post secondary education institutions; fees; suspension and
revocation; notification upon entry into state.

    (a) Schools specified under W.S. 21-2-401(a) excluding
those schools exempt under W.S. 21-2-406 and private degree
granting post secondary education institutions subject to
subsections (b) and (f) of this section, shall pay an annual
license fee established by rule and regulation of the department
in an amount that, to the extent practicable, generates a total
revenue from the fees collected that approximates but does not
exceed the direct and indirect costs of administering the
regulatory provisions required under this article.

    (b) Except as provided by subsection (f) of this section,
private degree granting post secondary education institutions
shall annually apply to the department of education for
registration under this article. Application shall be in a
manner and on a form prescribed by the department and shall
include documentation or other verification of accreditation by
an accrediting association recognized by the United States
department of education or verification of candidacy or
verification of otherwise being in the application process
status for accreditation. Except as otherwise provided under
this subsection, an annual registration fee of one hundred
dollars ($100.00) shall be collected by the department prior to
issuing a registration certificate under this article. If the
applicant is a candidate for accreditation or is otherwise in
the application process for accreditation, and the applicant
submits verification of candidacy or application status together
with a performance bond or other form of security required under
W.S. 21-2-405, the department shall collect an annual
registration fee of one thousand dollars ($1,000.00) for each
year the applicant institution remains a candidate or continues
the application process, up to a period of not to exceed five
(5) years, until the institution receives accreditation or upon
refusal of accreditation by the accrediting association,
whichever first occurs. The period of candidacy or otherwise in
the application process status expires at the end of the five
(5) year period or at the time the applicant is refused
candidacy or application status or accreditation by the
accrediting association, or otherwise loses candidacy or
application status, whichever occurs first, and the applicant
shall not operate or conduct business in this state unless, upon
a showing of good cause by the applicant, the department finds
the five (5) year period of candidacy or applicant status should
be extended. As used in this article, "candidate for
accreditation or otherwise in the application process" means
that within three (3) months of first enrolling students, or by
July 1, 2006, for any private degree granting post secondary
education institution licensed to operate or do business under
this article prior to July 1, 2006, the private degree granting
post secondary education institution has applied for
accreditation by an accrediting association recognized by the
United States department of education and is being considered
for candidacy status or for accreditation by that association
and is in the process of gathering information and performing
activities requested by that association to complete the
application process.

     (i)    Repealed by Laws 2006, Chapter 34, § 2.

     (ii)    Repealed By Laws 2006, Chapter 34, § 2.
     (iii)     Repealed By Laws 2006, Chapter 34, § 2.

     (iv)     Repealed By Laws 2006, Chapter 34, § 2.

     (v)     Repealed By Laws 2006, Chapter 34, § 2.

     (vi)     Repealed By Laws 2006, Chapter 34, § 2.

     (vii)     Repealed By Laws 2006, Chapter 34, § 2.

     (viii)     Repealed By Laws 2006, Chapter 34, § 2.

     (ix)     Repealed By Laws 2006, Chapter 34, § 2.

     (x)     Repealed By Laws 2006, Chapter 34, § 2.

     (xi)     Repealed By Laws 2006, Chapter 34, § 2.

     (xii)     Repealed By Laws 2006, Chapter 34, § 2.

   (c)     Repealed By Laws 2006, Chapter 34, § 2.

    (d) Subject to the requirements of the Wyoming
Administrative Procedure Act, the department may suspend or
revoke a registration certificate issued under this section to
any private degree granting post secondary education institution
for loss of accreditation status or loss of accreditation
candidacy or application status during any registration period.

    (e) All fees collected under this section shall be
deposited into the general fund.

    (f) Any private degree granting post secondary education
institution entering this state after July 1, 2006, with the
intent of operating and doing business in this state, shall
notify the department of education in a manner and within the
time prescribed by rule and regulation of the department.
Notification shall include submission of a performance bond or
other form of security in an amount and in the manner prescribed
by W.S. 21-2-405.

  21-2-403. Licensing and regulation of qualifications of
agents of private schools and institutions; fee.

    (a) Agents of those schools or institutions specified under
W.S. 21-2-401(a) or (b) who operate in the state and agents
employed to solicit resident students by schools or institutions
located outside the state which are similar to schools or
institutions specified under W.S. 21-2-401(a) or (b), shall be
licensed under this article before soliciting students and
representing schools or institutions in this state.

    (b) The department of education shall regulate
qualifications of agents licensed under this section and shall
establish a license fee in an amount that, to the extent
practicable, the total revenue generated from the fees collected
approximates, but does not exceed, the direct and indirect costs
of administering the regulatory provisions required for the
administration of this article. Fees collected under this
subsection shall be deposited in the general fund.

  21-2-404. Operation without license or registration unlawful;
soliciting business in public schools; furnishing list of
students.

    (a) No person shall operate a school or institution as
defined in W.S. 21-2-401 in Wyoming and no private school or
institution shall conduct business in Wyoming without first
obtaining a license, registration or providing notification
under this article.

    (b) Unless the school or institution, proprietor or its
agent has been licensed, registered or has provided notification
as required under this article, no official or employee of the
Wyoming state department of education, any college or university
within the state or any school district within the state, shall:

      (i) Permit the school or institution, or proprietor or
agent thereof, to solicit business in any public school within
this state; and

      (ii) Provide any list of students or other list of
prospects to the school, institution or proprietor or agent
thereof.

   (c)   Repealed By Laws 2006, Chapter 34, § 2.

    (d) No school or institution licensed, registered or
providing notification under this article shall claim or
advertise to prospective or enrolled students that it is
accredited in the United States unless the named accrediting
association, commission or other entity is approved by the
United States department of education, and if an institution
described under W.S. 21-2-401(b), is accepted by the department.

  21-2-405.   Performance bond or other security; amount;
exemption.

    (a) Before any school is issued a license under this
article and before any private degree granting post secondary
education institution operates in this state under a
registration issued under accreditation candidacy or application
status or under notification pursuant to W.S. 21-2-402(f), it
shall submit to the department of education a performance bond
or other form of security prescribed by rule and regulation of
the department. The bond or other form of security shall be in
an amount specified by department rule and regulation subject to
limitations prescribed by this subsection. The bond for private
schools and for private degree granting post secondary education
institutions applying for registration under accreditation
candidacy or application status pursuant to W.S. 21-2-402(b) or
notifying the department under W.S. 21-2-402(f), except those
schools excluded under subsection (b) of this section and
accredited private degree granting post secondary education
institutions registered under this article, shall be not more
than ten thousand dollars ($10,000.00). The bonds or other form
of security shall be approved by the attorney general and shall
be renewed annually as long as the school retains its license to
do business in Wyoming or until the institution receives
accreditation. The performance bond or other form of security is
to assure protection of all persons enrolled in a course of
study who may be aggrieved by any school doing business or
operating in the state. The department of education is
custodian of all bonds and other securities filed under this
section and may render administrative but not legal assistance
to all aggrieved persons who may be entitled to relief under the
bond.

    (b) This section shall not apply to private elementary or
secondary schools described under W.S. 21-2-401(a) and otherwise
subject to this article.

  21-2-406.   Schools exempted; definition.

   (a)   This article does not apply to:

      (i) Any parochial, church or religious school as defined
by W.S. 21-4-101(a)(iv) which is maintained by a church,
religious denomination or religious organization comprised of
multidenominational members of the same recognized religion,
lawfully operating the school or institution pursuant to
applicable laws governing its organization, and the school or
institution:

        (A)   Offers elementary and secondary education programs
only; or

        (B) Repealed By Laws 2006, Chapter 34, § 2.
        (C) Operates as a degree granting post secondary
education institution, provides instruction through means not
defined as distance education and the institution:

          (I) Issues diplomas or degrees restricted to the
beliefs and practices of the affiliated church, religious
denomination or religious organization and includes a statement
on the face of issued diplomas or degrees and course transcripts
referencing the theological or religious nature of the subject
area for which any diploma or degree is awarded, clearly
reflecting the nature of the diploma title as "Diploma of
Religious Studies" or degree title as "Associate of Religious
Studies", "Associate of Arts of Religious Studies", "Bachelor of
Religious Studies" or "Bachelor of Arts of Religious Studies";

          (II) Annually files with the department evidence of
nonprofit religious organization status for purposes of federal
taxation and organization under the laws of this state; and

          (III) On and after the effective date of this act for
any institution not currently operating in this state, not less
than sixty (60) days prior to first issuing any degree under
this subparagraph, reports to the department any degree which
the institution will award and the religious affiliation the
institution maintains.

      (ii) A home-based educational program as defined by W.S.
21-4-101(a)(v);

      (iii) Aircraft flight training schools approved and
authorized by the federal aviation agency of the United States
of America; or

      (iv) A nondegree granting school teaching techniques of
outdoor recreation, leadership, ecology or conservation
domiciled in the state of Wyoming.

   (b)   Repealed By Laws 2006, Chapter 34, § 2.
    (c) For the purposes of this section, "distance education"
means the teacher and student are physically separated by time
or space and connected by means of a communications source used
to provide synchronous or asynchronous instruction.

 21-2-407.   Penalties; injunction.

Any person violating the provisions of this article is guilty of
a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000.00), by imprisonment in the county jail not to
exceed six (6) months, or both. Each solicitation of enrollment
or each transaction of business without a license, registration
certificate or without providing notification to the department
constitutes a separate offense.       Any person violating the
provisions of this article may also be enjoined from the
continuation of the violation by proceedings brought by the
attorney general, any district attorney, any school official or
any   aggrieved   citizen,   regardless   of  whether   criminal
proceedings have been instituted.
Finance Unit
Wyoming Department of Education                                                                 PSL 15
Hathaway Bldg., 2nd Floor                                                                        02/05
2300 Capitol Avenue
Cheyenne, WY 82002-0050
(307)-777-6210
                                             CHAPTER 30
                                  WYOMING DEPARTMENT OF EDUCATION
                                      PRIVATE SCHOOL LICENSING
                                    APPLICATION TO LICENSE AGENTS


Name of Institution:


Pursuant to Wyo. Stat. 21-2-403, I hereby apply for a Registered Agent’s License that entitles
me to solicit business for the above referenced institution within the State of Wyoming in
accordance with the Wyo. Stat. 21-2-401 through 407. I pledge to serve in this capacity
within the spirit and letter of the law.


                                                                     (           )
Registered Agent’s Name (Print)                                          Area        Phone Number
                                                                         Code



Street Address


City                                      State                Zip




Registered Agent’s Signature                                              Date



I have carefully reviewed the qualifications and the personal data of the above applicant and
believe that he/she will perform as pledged above. I request that he/she be issued a permit to
solicit business for our school in the State of Wyoming.



Name (print)                                                             Phone Number



Position – Chief Administrative or Executive Officer (print)



Signature                                                                Date

				
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