HB0149

Prohibits persons with certain criminal convictions and those under investigation for child abuse or neglect from administering home-based educational programs.

• Prevents any person from administering a home-based educational program if the person or any other person living in the home has been convicted within the preceding seven years of specified offenses including sexual abuse, assault, or any felony/misdemeanor involving abuse or neglect of a minor. Exception applies if the conviction was reversed, annulled, or pardoned. (W.S. 21-4-102(b)(i))
• Prohibits a person from removing a child from public or private school enrollment and commencing a home-based educational program during any period the person is under investigation or assessment for child abuse or neglect, if advised not to do so by child protective agency. (W.S. 21-4-102(b)(ii), W.S. 14-3-204(a)(iii))
• Requires child protective agency representatives to advise persons under child abuse or neglect investigation that they shall not commence administering a home-based educational program during the investigation period, if the child is currently enrolled in public or private school and the agency determines it is in the child's best interest. (W.S. 14-3-204(a)(iii))
• Allows persons prohibited from commencing a home-based educational program during an investigation to request a hearing before the office of administrative hearings under the Wyoming Administrative Procedure Act. (W.S. 21-4-102(b)(ii))
• Exempts persons who were already administering a home-based educational program prior to the commencement of a child abuse or neglect investigation from the prohibition on continuing that program. (W.S. 21-4-102(b)(ii))
• Establishes that enforcement of criminal background and child abuse investigation requirements is the responsibility of the department of family services or applicable local law enforcement agency. (W.S. 21-4-103(a))
• Makes administering a home-based educational program in violation of the conviction prohibition or commencing such a program in violation of the investigation prohibition a felony punishable by imprisonment up to three years, a fine up to five thousand dollars, or both.