Misuse & Misrepresentation Investigation
The WDE shall open a formal investigation when it has reasonable suspicion to believe that any parent has intentionally and substantially misused ESA funds. The WDE will notify the parent of the investigation and provide a summary of the suspected improper conduct. The parent may respond within 20 days from the date the notice is sent.
If the WDE determines that a parent engaged in intentional and substantial misuse of funds, it will terminate the ESA account and order that the responsible parent repay misused funds.
If the WDE determines that an unintentional misuse of funds occurred, it may require that a parent refund the misused funds to the ESA program.
Appealing a Decision
Any parent aggrieved by the WDE's investigation determination may request a contested case hearing as provided by the WDE's contested case procedure rules. Generally, a parent requests a hearing by sending a request to the WDE containing contact information and a general description of why they are asking for a hearing. Contested cases are referred to the Office of Administrative Hearings, which conducts the hearing.
For more details, consult the WDE's contested case rules at: rules.wyo.gov/Search.aspx?RefNum=206.0002.3.04052023