Education accountability-2.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0589

HOUSE BILL
NO.
HB0247

Education accountability-2.

Sponsored by:
Representative(s) Teeters

A BILL

for

AN ACT relating to public education; creating the Wyoming Accountability in Education Act and establishing a statewide education accountability system;
establishing system components and student performance measures; imposing duties upon the state board of education and the state superintendent; prescribing consequences for school level student performance; establishing
a
legislative select committee
to
review and expand system components;
imposing
select committee
reporting requirements
and providing for an advisory committee comprised of public education representatives;

prescribing
staffing; providing appropriations; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 21
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2
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204 is created to read:

21
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2
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204.

Wyoming
Accountability in Education Act; statewide education accountability system created.

(a)

This section shall be cited as the "Wyoming Accountability in Education Act."

(b)

A statewide education accountability system shall be established in accordance with this section. The first phase of this system shall be a school-based system that includes student performance as measured through multiple indicators in those subjects for which students are assessed as specified by this subsection, that are reported in terms of student achievement at prescribed performance levels, and that are aggregated to the school level. Core indicators of student performance under the first phase of the statewide school-based accountability system for each school shall be:

(i)

School level performance in reading; and

(ii)

School level performance in mathematics.

(c)

The core indicators of student performance prescribed by subsection (b) of this section shall be measured by the statewide assessment system implemented by the state board of education under W.S. 21
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2
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304(a)(v), including a growth indicator for student performance. The measures shall be aggregated to the school level based upon those grades served inclusive to each school as reported by the respective school district to the department of education. Performance levels attached to each core indicator shall be scored at below-basic, basic, proficient and advanced, established at those levels prescribed by the department of education in administering the statewide assessment under rules and regulations of the state board.

(d)

Beginning in school year 2011-2012, and each school year thereafter, the department of education shall compute a combined school score for student performance in the two (2) core indicators specified under subsection (b) of this section as follows:

(i)

For each core indicator and for the applicable year of assessment, multiply the percentage of students scoring at each of the four (4) performance levels prescribed under subsection (c) of this section by the weight assigned as follows:

(A)

1.25 for advanced performance levels;

(B)

1.0 for proficient performance levels;

(C)

0.5 for basic performance levels;

(D)

0.0 for below-basic performance levels.

(ii)

Total the weighted performance level percentages computed under paragraph (i) of this subsection to compute a school score for each core indicator;

(iii)

Multiply the school score for each core indicator as computed under paragraph (ii) of this subsection by the following weights:

(A)

Fifty percent (50%) for reading; and

(B)

Fifty percent (50%) for mathematics.

(iv)

Total the weighted school scores for each core indicator as computed under paragraph (iii) of this subsection.

(e)

The target level for student performance under the first phase of the statewide accountability system is a combined school score of one hundred (100), which requires that a significant majority of students within each school in the state perform at or above the proficient level. The department of education shall compute improvement targets for each school by subtracting the combined score as computed under subsection (d) of this section for the applicable school year, from the statewide target level of one hundred (100), with the difference multiplied by ten percent (10%), subject to a minimum of two (2) points above the prior year combined school score. If for any school year the combined school score exceeds one hundred (100), the improvement target for that school shall be equal to two (2) points above the prior year combined school score.

(f)

Commencing with school year 2013-2014, and each school year thereafter, any school that fails to meet the computed school improvement target shall be subject to the following:

(i)

For the first year of failure to meet school improvement targets, the school district for that school shall report to the department of education on its identified cause for the school's failure to meet improvement targets and shall provide written articulation of instructional strategies and programs to accelerate student performance within that school sufficient to meet improvement targets through a performance acceleration plan. The plan shall include class schedules, curriculum choices and instructional materials, shall specify strategies targeting higher performance for students performing at basic and below-basic levels and strategies for maintaining students performing at proficient and advanced levels, and shall verify deployment of resources by the district necessary to implement the strategies for that school. Not later that August 1 of each applicable school year, each district subject to this paragraph shall file the performance acceleration report assembled in accordance with this paragraph with the department in a manner, subject to criteria and on a form prescribed by department rule and regulation. Not later than November 1 of the applicable school year, the department shall discuss each performance acceleration plan with the district superintendent and the chairman of the board of trustees of the school for which the plan is submitted, specifically addressing the performance acceleration strategies and programs contained within the report. The department shall also determine the sufficiency of resources planned for deployment by the district to implement articulated strategies for that school. On or before December 1 of the school year immediately following the school year for which the school improvement target is computed, the department shall report to members of the joint education interim committee and the joint appropriations interim committee, a compilation of all district reports submitted under this paragraph together with evidence of discussions with the district superintendents and board chairmen required under this paragraph, an analysis of the ability of each district's strategies and programs to succeed in accelerating student performance and the analysis of the sufficiency of resources to implement plan strategies;

(ii)

For the second and subsequent years of failure to meet school improvement targets, the department of education shall from within existing resources of the department, designate a technical assistance team to develop turn-around strategies for each under-performing school. The turn-around strategy shall at a minimum, target curriculum, instruction, program content and school organization including the structure of the school day and year, and shall be implemented in the school year immediately following the school year for which the second and subsequent failure occurs. The technical assistance team shall also assist the school and the appropriate school district in implementing turn-around strategies and programs and if necessary, shall impose criteria on district allocation of resources necessary to fully implement turn-around strategies and programs within that school. The department shall report, annually on or before December 1, to members of the joint education interim committee and the joint appropriations interim committee on the technical assistance provided under this paragraph, together with rationale for selecting the imposed turn-around strategies and the evidence supporting the strategies. Any criteria on district resource allocation imposed under this paragraph shall also be included in the annual report;

(iii)

In addition to paragraph (ii) of this subsection, the

state board shall administer this subsection as part of school district accreditation required under W.S. 21
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304(a)(ii), through appropriate administrative action taken in accordance with W.S. 21
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2
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304(b)(ii).

(g)

Commencing with school year 2013
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2014, and each school year thereafter, the school district for any school meeting the computed school improvement target computed under subsection (e) of this section shall continue to receive a foundation program guarantee amount under W.S. 21
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309(p) for that school without expenditure restrictions and interference imposed at the state level.

(h)

Measured performance results obtained and collected pursuant to this section, together with subsequent actions responding to results, shall be combined with other information and measures maintained and acquired under W.S. 21
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202(a)(xxi), 21
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304(a)(v)(H), 21
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110(a)(xxiv) and otherwise by law, to be used as the basis of a statewide system for providing periodic and uniform reporting on the progress of state public education achievement compared to established targets. The statewide accountability system shall include a process for consolidating, coordinating and analyzing existing performance data and reports for purposes of aligning with the requirements of this section and for determinations of student achievement incorporated into the statewide system.

Section
2
.

W.S. 21
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202(a)(i), (xiv) and (xxi), 21
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203(c)(ii)(intro), (A) and by creating a new subparagraph (C), 21
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304(a)(ii), (v)(intro), (D), (H), (vi)(intro), (b)(ii) and (xiv) and 21
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110(a)(xxiv) and by creating a new paragraph (xxx) are amended to read:

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202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent shall:

(i)

Make rules and regulations, consistent with this code, as may be necessary or desirable for the proper and effective administration of the state educational system
and the statewide education accountability system pursuant to W.S. 21
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204
. Nothing in this section shall be construed to give the state superintendent rulemaking power in any area specifically entrusted to the state board;

(xiv)

For purposes of the statewide assessment of students and reporting student performance under W.S. 21
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2
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304(a)(v), have authority to assess and collect student educational assessment data from school districts, community colleges and the
University
of
Wyoming
. All data shall be
consolidated, combined and analyzed in accordance with W.S. 21
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204(h) and shall be

provided within a reasonable time in accordance with rules and regulations of the state board;

(xxi)

Establish and maintain a uniform statewide reporting system based upon
requirements of the statewide education accountability system established under W.S. 21
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204 and

the statewide student assessment implemented by the state board under W.S. 21
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304(a)(v);

21
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203.

School district data collection and funding model administration; duties and responsibilities specified; data advisory committee; school district compliance.

(c)

The duties of the department are, in accordance with rules promulgated by the state superintendent, to:

(ii)

Collect data from school districts necessary for the department to administer the school finance system

and the statewide education accountability system established under W.S. 21
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204
. In accomplishing this, the department shall:

(A)

Coordinate its work with all other functions of the department so as to consolidate data reporting requirements for school districts and eliminate duplication in reporting to the greatest extent possible
, including reporting of assessment results required for determinations under W.S. 21
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204
;

(C)

Use existing data to establish longitudinal data systems linking student achievement with teachers of record and school principals of record, as necessary for the statewide education accountability system.

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304.

Duties of the state board of education.

(a)

The state board of education shall:

(ii)

Through the evaluation and accreditation of school districts, implement and enforce the uniform standards for educational programs prescribed under W.S. 21
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101 and 21
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102 in the public schools of this state,

including any educational institution receiving any state funds except for the University of Wyoming and Wyoming community colleges
,

and implement and enforce the statewide education accountability system pursuant to W.S. 21
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204
. The board shall ensure that educational programs offered by public schools in accordance with these standards provide students an opportunity to acquire sufficient knowledge and skills, at a minimum, to enter the University of Wyoming and Wyoming community colleges, to prepare students for the job market or postsecondary vocational and technical training and to achieve the general purposes of education that equips students for their role as a citizen and participant in the political system and to have the opportunity to compete both intellectually and economically in society
. In addition, the board shall require school district adherence to the statewide education accountability system
;

(v)

Through the state superintendent and in consultation and coordination with local school districts, implement a statewide assessment system comprised of a coherent system of measures that when combined, provide a reliable and valid measure of individual student achievement for each public school and school district within the state, and the performance of the state as a whole.
Statewide assessment system components shall be in accordance with requirements of the statewide education accountability system pursuant to W.S. 21
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204.

Improvement of teaching and learning in schools
, attaining student achievement targets for core indicators established under W.S. 21
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204
and fostering school program improvement shall be the primary purposes of statewide assessment of student performance in
Wyoming
. The statewide assessment system shall:

(D)

Measure year-to-year changes in student performance and progress in the subjects specified under subparagraph (a)(v)(B) of this section
, link student performance and progress to teachers of record and to school principals of record,
and compare and evaluate student achievement during the process of student advancement through grade levels. The assessment system shall ensure the integrity of student performance measurements used at each grade level to enable valid year-to-year comparisons
and shall be sufficient to capture necessary data to enable application of measures of core indicators as required under W.S. 21
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204
;

(H)

Provide a measure of accountability to enhance teaching and learning in
Wyoming
and in combination with other measures and information, assist school districts in determining individual student progress

as well as school level achievement targets
.
In addition to reporting requirements imposed under W.S. 21
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204, t
he assessment results shall be reported to students, parents, schools, school districts and the public in an accurate, complete and timely manner
.

and

A
ssessment results

shall be used in conjunction with a school district's annual assessment to design educational strategies for improvement and enhancement of student performance
. This design for improvement shall be part of each district's school improvement plan

required under W.S. 21
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204. Assessment results shall also be used to guide actions by the state board and the department in providing and directing intervention and technical assistance to districts in developing school turn-around plans in response to student performance target indicators measured and established under W.S. 21
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204
. In consultation and coordination with school districts, the
board
shall
subject to W.S. 21
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204,

review and evaluate the assessment system regularly and based upon uniform statewide reports
,

from each district,

annually report to the legislature
on student performance at specified grade levels and on school improvement plans

as required under W.S. 21
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204
.

(vi)

Effective school year 2005-2006 and each school year thereafter
Subject to and in accordance with W.S. 21
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204
,

through the state superintendent and in consultation and coordination with local school districts, by rule and regulation
establish

implement
a statewide accountability system
.

providing

In addition and for purposes of complying with requirements under the
federal No Child Left Behind Act of 2001
, the board shall by rule and regulation provide for

annual accountability determinations
based upon adequate yearly progress measures
imposed by federal law
for all schools and school districts imposing a range of educational consequences resulting from accountability determinations
.
whereby:

(b)

In addition to subsection (a) of this section and any other duties assigned to it by law, the state board shall:

(ii)

Enforce the uniform state educational program standards imposed by W.S. 21
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101 and 21
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102 and the uniform student content and performance standards established by rules and regulations adopted under subsection (a) of this section
, together with student performance indicators established and measured pursuant to W.S. 21
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204,
by taking appropriate administrative action with the state superintendent, including but not limited to the changing of accreditation status;

(xiv)

Based upon student performance levels determined under W.S. 21
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204, e
stablish
improvement
goals for public schools for assessment of student progress based upon the national assessment of educational progress testing program and the statewide assessment system established under paragraph (a)(v) of this section;

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110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xxiv)

Establish a student assessment system to measure student performance relative to the uniform student content and performance standards in all content areas for which the state board has promulgated standards pursuant to W.S. 21
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304(a)(iii). To the extent required by
the
state board under W.S. 21
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304(a)(v) and (vi)

W.S. 21
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204
, the district assessment system shall be integrated with the statewide assessment system and the statewide accountability system. A component of the district assessment system required by this paragraph shall include a body of evidence assessment system designed and used to determine the various levels of student performance as described in the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21
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101(b);

(xxx)

In addition to paragraphs (xvii), (xviii) and (xix), require the performance of each school principal to be evaluated by the district superintendent in accordance with the statewide education accountability system established under W.S. 21
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204. In accordance with rules and regulations of the state board, the district board shall also provide the state board written reports verifying principal performance and providing performance scores necessary for continued employment.

Section 3.

W.S. 21
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304(a)(vi)(A) through (E) is repealed.

Section 4.

(a)

It is the intent of the legislature that this act ensure that
Wyoming
monitors and attains the highest achievement for children attending
Wyoming
public schools. This act requires a flow of data from the school level up to the state level and back down to the school level. Measurement of the quality of
Wyoming
student performance is key to this structure. Core indicators of student performance for phase one (1) of this accountability system are prescribed by this act. Measurement of those indicators, improvement goals for those indicators, as well as rewards for attaining and consequences for failing to attain those goals, as provided by this act, shall be reviewed and studied by the select committee on statewide education accountability created by this section. The select committee shall also study expansion of the statewide accountability system into the second phase identified by this section. In the manner prescribed by this section, the select committee shall report its recommendations back to the legislature for adoption into law and implementation by the
Wyoming
state board of education and the department of education.

(b)

There is created a
select committee on
statewide
education accountability for purposes of carrying out the study prescribed by this section. The select committee shall provide recommendations to the legislature in accordance with subsection
(
j
)
of this section. The select committee shall consist of the following members:

(i)

Four (4) members of the Wyoming senate appointed by the president of the senate, with one (1) to be the chairman of the senate education committee and at least one (1) from the minority party; and

(ii)

Four (4) members of the Wyoming house of representatives appointed by the speaker of the house, with one (1) to be the chairman of the house education committee and at least one (1) from the minority party.

(c)

The chairman of the senate education committee and the chairman of the house education committee shall serve as cochairmen of the select committee on statewide education accountability. Appointments shall be made under subsection (b) of this section not later than March 31, 2011. Members shall serve on the select committee through the 2012 budget session. Select committee members shall receive compensation, per diem and travel expense reimbursement in the manner and amount prescribed under W.S. 28
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101.

(d)

The select committee on
statewide
education accountability shall be assisted by an advisory committee to provide information to the select committee as it deems necessary to carry out this section. The advisory committee shall consist of the following members:

(i)

One (1) member who is a superintendent of a
Wyoming
school district appointed by the
Wyoming
association of school administrators;

(ii)

Two (2) members who are school principals from a Wyoming school district, one (1) of which is a secondary school principal appointed by the Wyoming association of secondary school principals and one (1), an elementary school principal appointed by the Wyoming association of elementary and middle school principals;

(iii)

One (1) member who is a
Wyoming
school district assessment director appointed by the governor;

(iv)

Two (2) members who are Wyoming public school teachers, one (1) from an elementary school and one (1) from a secondary school, both appointed by the Wyoming education association;

(v)

One (1) member who is serving as a trustee on a Wyoming school district board of trustees appointed by the Wyoming school boards association;

(vi)

One (1) member serving on the
Wyoming
state board of education elected by the board as representative;

(vii)

A representative of the department of education designated by the state superintendent of public instruction;

(viii)

A representative of the governor's office designated by the governor.

(e)

Appointments to the advisory committee pursuant to subsection (d) of this section shall be made by not later than May 1, 2011.

The appointing authority for any member who vacates membership shall fill the vacancy.

(f)

The select committee shall review phase one (1) of the statewide education accountability system established under W.S. 21
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224, as created under section 1 of this act, as follows:

(i)

Ensure the appropriateness and rigor of the achievement levels attached to each core indicator;

(ii)

Review necessary modifications to the statewide student assessment implemented by the state board of education under W.S. 21
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304(a)(v), together with supplementation by student assessments administered at the local school district level pursuant to W.S. 21
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110(a)(xxiv) if the recommended local assessment is reliable and valid across all students, schools and school districts statewide, and if the supplemental information allows for a more robust, reliable and valid measure of student achievement;

(iii)

Review and improve the reporting scale for measured achievement to ensure each core indicator has a stable, reliable measure which reduces variability caused by small numbers of student populations within any school, grade or district;

(iv)

Prescribe procedures for computing assessment scores to ensure reasonably fair and equitable application of accountability system components to identified groups of students for which an achievement gap may occur;

(v)

Review methodology for computation of annual change in student performance, as compared to established target levels, to indicate periodic growth or decline in student achievement profiled at the school level, leading to a progressive process by which each school, as determined by its overall accountability score, is measured against statewide target levels.

(g)

The select committee shall also initiate the second phase of the statewide education accountability system, which shall be predicated upon instructional practice and the development of data necessary to establish measures of teaching practice and the effectiveness of classroom teachers, school principals and district administrators in improving student achievement. The select committee shall establish components of effective teaching and administration, shall structure a statewide system for measuring teacher and administrator effectiveness and shall apply measured performance to performance evaluation consequences and incentives. This system shall be based upon a statewide longitudinal data system established by the department linking student assessment results to teachers of record and to school principals of record, enabling computation of the effect on student achievement of school and classroom instruction, targeted student interventions and other educational variables such as class size.

(h)

In addition to subsections (f) and (g), the select committee shall include a component within the statewide accountability system which provides recommendations on student and parental accountability providing incentives and sanctions promoting increased student achievement.

(j)

The select committee shall assemble recommendations developed under subsections (f), (g) and (h) of this section, including time schedules prescribing implementation for each system component, together with any associated legislation, for submission to the legislature in sufficient time for consideration in the 2012 budget session. The select committee may introduce legislation as other committees of the legislature.

(k)

The legislative service office shall staff the select committee. The department of education and other state agencies shall provide information and other assistance to the select committee as requested in order to fulfill duties prescribed by this section. The legislative service office may retain consultants as necessary to staff and advise the select committee in executing responsibilities prescribed by this section. The management council may expend funds appropriated by the legislature for approved contractual agreements between the council and professional consultants on behalf of the select committee.

Section 5.

(a)

For the period commencing upon the effective date of this act and ending June 30, 2012, unexpended, unobligated amounts appropriated to the legislative service office under
2010 Wyoming Session Laws, Chapter 39, Section 334(f)
(ii), shall be available for expenditure by the legislative service office for professional consulting expertise and other support necessary to carry out and execute the work of the select committee on statewide education accountability as required under this act. Professional consulting expertise may be retained by the legislative service office only upon approval of the management council, and the unexpended, unobligated amounts may be expended for contractual agreements between the council and professional consultants.

(b)

For the period beginning upon the effective date of this act and ending June 30, 2012, seventy-five thousand dollars ($75,000.00) is appropriated from the school foundation program account to the legislative service office to fund necessary expenses of the select committee on statewide education accountability established under this act, as necessary to carry out this act.

Section 6.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0247