Section 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.Added by Laws 2024, ch. 108,§ 1, eff. 1/1/2025.