State education accountability and assessment.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0156

HOUSE BILL
NO.

HB0028

State
education
accountability and assessment.

Sponsored by:
Select Committee on Statewide Education Accountability

A BILL

for

AN ACT relating to
education accountability; specifying implementation and development of education accountability addressing teacher and school leader evaluation; providing for phase I school accountability implementation and refinement; prescribing oversight and use of district assessment systems in state accountability; modifying state criteria for high school graduation; providing for
continuation
of select accountability and advisory committees; imposing reporting requirements; providing appropriations;
and providing for an effective date.

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

Section 1.

W.S.
21
‑
2
‑
202(a)(xxx)
and by creating a new paragraph (xxx
v
)
,
21
‑
2
‑
204(d)(v), (vi), (e)(intro)
, (ii)
,
(f)(v
i
) and (vi
i
),
21
‑
2
‑
304(a)
(iii)(intro), (B) and
(iv)(intro) and 21
‑
3
‑
110(a)
(xv),
(xxiv)
, (xxv), (xxix) and by creating a new paragraph (xxxii
i
)
are amended to read:

21
‑
2
‑
202.

Duties of the director.

(a)

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

(xxx)

Effective school year 2012-2013 and each school year thereafter, in consultation and coordination with local school districts, by rule and regulation establish a program of administering a standardized, curriculum based, achievement college entrance examination,

computer-adaptive college placement assessment and a job skills assessment test selected by the director to all students in the eleventh and twelfth grades throughout the state in accordance with this paragraph. The examinations and tests selected by the director shall be administered throughout the United States and shall be relied upon by institutions of higher education. The college entrance examination shall at a minimum test in the areas of English, reading, writing, mathematics and science for all students in grade eleven (11). The jobs skills assessment test shall be optional for all students in grade
eleven
(11)

twelve (12)
and shall at a minimum test in the areas of applied math, reading for information and locating information. The director shall pay all costs associated with administering the college entrance examination, the computer-adaptive college placement assessment and the jobs skills assessment test and shall schedule a day during which examinations shall be provided. The date for
statewide

administration of the college entrance examination in grade eleven (11) shall be
selected so that following receipt of scores, students may timely register for senior year classes which may be necessary to allow the student to qualify for a state provided scholarship

established by the director
that
best meets the needs of students and school districts
. The computer adaptive college placement assessment shall be optional and all students in grade twelve (12) shall be provided at least one (1) opportunity to take the assessment during the school year. The director may enter into agreements with an administrator of the college entrance examination and the computer-adaptive college placement assessment and an administrator of the jobs skills assessment test and adopt rules as necessary to ensure compliance with any requirements of an administrator, such as a secure environment. Waivers may be granted for the examinations
and tests required by this paragraph for students with disabilities in accordance with the provisions of the federal No Child Left
Behind
Act of 2001 and the federal Individuals with Disabilities Education Act. Alternate assessments and accommodations shall be offered by the director in accordance with rule and regulation;

(xxx
v
)

Commencing school year 2014
‑
2015,
in conjunction with
the
school district
accreditation process
required under W.S. 21
‑
2
‑
304(a)(ii)
and as a component of the statewide education accountability system created under W.S. 21
‑
2
‑
204
,
conduct a review of each school district
once every five (5) years to ensure alignment of its curriculum plan and assessment system with the uniform state education standards promulgated by the state board, and to ensure district adherence to the uniform graduation standards prescribed by the state board under W.S. 21
‑
2
‑
203(a)(iii). Reviews undertaken pursuant to this paragraph, together with findings, shall be reported to the state board and any
deficiencies
determined by the review shall be addressed through the statewide system of support established under W.S. 21
‑
2
‑
204(
f).

21
‑
2
‑
204.

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

(d)

Beginning in school year 2013-2014, and each school year thereafter, the department of education shall compute and report an overall school performance rating measured by student performance on those performance indicators specified under subsection (c) of this section. Any school through its school district may seek informal review of any overall school performance rating or other performance determination in accordance with the following:

(v)

Not later than
thirty (30)

fifteen (15)
days after a

decision has been issued by the panel under paragraph (iv) of this subsection

school receives its final rating or other performance determination from the department of education
,
the school district may seek an informal review with the state board. The state board shall make a final determination as to the performance rating or other performance determination within
sixty (60)

thirty (30)
days after receipt of the request for review;

(
v
i)

The
state board shall promulgate rules and regulations governing the informal review process before
both the panel and
the board as conducted under this subsection.

(e)

The state board, through the department of education, shall compile, evaluate and determine the target levels for an overall school performance rating and for content level performance.
The board
shall
execute t
his determination
by
t
he board shall be developed
through a prescribed deliberative process informed by a panel comprised of broad based representation from both public education and the community at-large.
The target levels for school performance on all performance indicators measured under subsection (c) of this section shall conform to the January 2012 education accountability report as defined by subsection (k) of this section and shall be used by the state board through the department to:

(ii)

Further measure performance specified under paragraph (
i
) of this subsection by identifying content level performance in all areas specified by subsection (c) of this section and from this analysis determine schools that are exceeding, meeting
, partially meeting
or
are below

not meeting
targets in each content area;

(f)

A progressive multi-tiered system of support, intervention and consequences to assist schools shall be established by the director, and shall conform to the January 2012 education accountability report as defined by subsection (k) of this section. The system shall clearly identify and prescribe the actions for each level of support, intervention and consequence. Commencing with school year 2014
-
2015, and each school year thereafter, the director shall take action based upon system results according to the following:

(vi)

Schools designated as not meeting expectations shall file an improvement plan in accordance with paragraph (
iv
) of this subsection that identifies and addresses all content and indicator areas where performance is below target levels.
In addition
, the evaluation of
a
district's student assessment
system

as provided by
paragraph (vii) of this subsection shall be undertaken in th
at
schoo
l year immediately following any

school year in which a school within the district has been designated as not meeting expectations.

The director shall appoint a representative from the department in accordance with paragraph (vii) of this subsection to assist in drafting the improvement plan, including the selection of programs
and interventions to improve student performance. The representative shall perform duties as required by paragraph (v) of this subsection. The plan shall be recommended by the school district superintendent and approved by the local board of trustees prior to submission to the department. The plan shall describe the personnel and financial resources within the education resource block grant model as defined by W.S. 21
‑
13
‑
101(a)(xiv) necessary for implementation of the measures and methods chosen for improvement and shall specify how resources shall be reallocated, if necessary, to improve student performance
;
. Failure to meet improvement goals as specified in the plan for two (2) consecutive years may be grounds for dismissal of the school principal;

(vii)

A representative shall be appointed by the director for all schools designated under paragraphs (
iv
) through (vi) of this subsection to serve as a liaison between the school district leadership and the department. The representative shall be an employee of the department, an employee of a Wyoming school district or any combination, and may require more than one (1) individual for schools requiring substantial intervention and support. Additionally, one (1) representative may be assigned to
m
ore than one (1) school. Among other duties as may be requested by the district or department, the representative shall review and approve improvement plans submitted by schools in accordance with paragraphs (iv) through (vi) of this subsection
, and
may
review
and evaluate

d
istrict student assessment system
s
implemented under W.S. 21
‑
3
‑
110(a)(xxiv) to ensure alignment with the uniform state education standards
. Requested
resources
for improvement plan implementation, or the reallocation of existing resources for plan implementation, shall be based upon a comprehensive review of the available research. Justification for resource allocation or reallocation shall be incorporated within the written improvement plan. The representative shall possess expertise appropriate to particular strategies incorporated within improvement plans to enable necessary plan evaluation, and shall be commensurate with the level of intervention, support and consequences to be administered under this subsection. The director shall annually report to the state board on the progress of each school in meeting annual goals and overall improvement targets, fully describing the effectiveness and deficiencies of efforts to improve school performance in performance categories prescribed by this section;

21
‑
2
‑
304.

Duties o
f the state board of education.

(a)

The state board of education shall:

(iii)

By rule and regulation and in consultation and coordination with local school districts, prescribe uniform student content and performance standards for the common core of knowledge and the common core of skills specified under W.S. 21
‑
9
‑
101(b), and promulgate uniform standards for programs addressing the special needs of student populations specified under W.S. 21
‑
9
‑
101(c) that ensure these student populations are provided the opportunity to learn the common core
of

knowledge and skills as prescribed by the uniform student content and performance standards pursuant to this paragraph. Student content and performance standards prescribed under this paragraph shall include standards for graduation from any high school within any school district of this state
.

and
shall describe required performance levels in order to achieve proficiency of the common core of knowledge and common core of skills prescribed under W.S. 21
‑
9
‑
101(b).

The ability to prescribe content and performance standards shall not be construed to give the state board of education the authority to prescribe textbooks or curriculum which
the state board is hereby forbidden to do. Graduation standards imposed under this paragraph shall require the successful completion of the following components, as evidenced by passing grades or by the successful performance on competency
‑
based equivalency examinations:

(B)

Three (3)

Four (4)
school years of mathematics;

(iv)

Effective school year 2013
‑
2014, and
each school year
thereafter, require district administration of common benchmark adaptive assessments statewide in reading and mathematics for grades one (1) through eight (8) in accordance with W.S. 21
‑
3
‑
110(
a)(xxiv). The board shall also establish, in consultation with local school districts, requirements for students to earn a high school diploma as
evidenced by course completion and as

measured by each district's assessment system prescribed by rule and regulation of the state board and required under W.S. 21
‑
3
‑
110(
a)(xxiv).

Beginning school year 2014-2015, and each school year thereafter, each district's assessment system shall include a measure or multiple measures for purposes of determining completion of high school graduation requirements. The state board shall by rule and
regulation establish guidelines for district development of this measure or measures, and shall through the department of education, provide support to districts in developing each district's measure or measures.

Once every five (5) years and on a staggered basis, t
he state board shall through the department,
annually
review and approve each district's assessment system designed to determine the various levels of student performance

as aligned with the uniform state standards
and the attainment of high school graduation requirements
.
A high school diploma shall provide for one (1) of the following endorsements which shall be stated on the transcript of each student:

as evidenced by course completion.
In addition and
following
review, refinement and
revision
of student content and performance standards
adopted
under paragraph (a)(iii)
of this section
and
reviewed under
subsection (c) of this section, the board shall
establish
a process to
ensure district assessment systems are aligned
with the refined and
revised
standards
within two (2)
full
school years
following adoption of revised standards
;

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees
in each school district shall:

(xv)

Provide an educational program within the schools under its jurisdiction in compliance with uniform state standards prescribed under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and by rule and regulation of the state board

and
on or before November 1 of each school year, report to
the department

evidence that the district has developed
a plan
detailing alignment of the curriculum provided within its schools to the uniform state standards
;

(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
‑
2
‑
304(
a)(iii). To the extent required by W.S. 21
‑
2
‑
204 and
21
‑
2
‑
304(
a)(vii)

21
‑
2
‑
304(a)(vi)
, the district assessment system shall be integrated with the statewide assessment system and the statewide accountability system. Components of the district assessment system required by this paragraph shall be designed and used to determine the various levels of student performance
and attainment of high school graduation as described
in
all content areas of

the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21
‑
9
‑
101(
b).

Beginning school year 2014-2015 and each school year thereafter, a component of the district assessment system shall include a measure or multiple measures used to determine satisfactory completion of high school graduation requirements and developed in accordance with guidelines established by the state board.

The district shall
on or before August 1, 2015, and each August 1 thereafter,
report to the state board in accordance with W.S. 21
‑
2
‑
304(
a)(iv) on its assessment system established under this paragraph. Beginning school year 2013
‑
2014 and each school year thereafter, a component of the district assessment system shall include common benchmark adaptive assessments for reading and mathematics in grades two (2) through eight (8), common to all districts statewide, administered at least two (2) times during any one (1) school year and administered once in grade one (1). An additional component of the district assessment system shall continue the longitudinal study of summer school program effectiveness which uses a single common benchmark adaptive assessment in reading and mathematics administered for summer school and extended day
intervention and remediation programs in accordance with W.S. 21
‑
13
‑
334(h)(iv);

(xxv)

At minimum
,
provide the three (3) endorsements on high school transcripts specified under W.S. 21
‑
2
‑
304(
a)(iv) and may provide additional endorsements

and on or before November 1 of each school year, report to the
department of education
evidence that
the district is compliant with
high school graduat
ion standards imposed by the state board under W.S. 21
‑
2
‑
304(a)(iii)
;

(xxix)

Beginning in school year 2012-2013, and each school year thereafter, administer a program where all students enrolled in the eleventh and twelfth grades in the district shall be required to take or be provided the opportunity to take, on a date specified by the director of the department of education, a standardized, curriculum based, achievement college entrance examination, a computer-adaptive college placement assessment or
for students enrolled in twelfth grade,

a jobs skills assessment test in accordance with W.S. 21
‑
2
‑
202(a)(xxx). Each school district shall provide the opportunity for all home school and private school students in the eleventh and
twelfth grades and residing within the district to take the examinations or
for students in the twelfth grade,

the jobs skills assessment test
,
at no cost to the student on the same date administered to all eleventh and twelfth grade public school students in the state. The results of the examinations or jobs skills assessment test taken shall be included in each student's transcript;

(xxxi
i
i)

Effective school year 2014-2015,
in conjunction with
district accreditation
, as a component of the statewide education accountability system
and in accordance with W.S. 21
‑
2
‑
202(a)(xxx
v
),
be subject to a review by the department of education once every five (5) years on the alignment of the district's curriculum plan and assessment system with the uniform state education standards promulgated by the state board, and the district's adherence to the uniform graduation standards prescribed by the state board under W.S. 21
‑
2
‑
203(a)(iii).

Section

2.

W.S.
21
‑
2
‑
204(
d)(iv)
and

21
‑
2
‑
304(a)(iv)(A) through (C)
are
repealed.

Section
3
.

(a)

Notwithstanding 2012 Wyoming Session Laws, Chapter 101, Section 4(a), the select committee on statewide education accountability shall continue through December 31, 2014. The chairman of the senate education committee and the chairman of the house education committee shall continue to serve as cochairmen of the select
committee. The mem
bers
of the select committee,
as
reconstituted
under 2012 Wyoming Session Laws,

Section 4(a),
shall continue to serve on the select committee through December 31, 201
4, and
shall receive compensation, per diem and travel expense reimbursement in the manner and amount prescribed under W.S. 28
‑
5
‑
101.
A
s
provided

under
2011 Wyoming Session Laws, Chapter 184, Section 4,
the appointing authority
for any member who vacates membership shall fill the vacancy.

(b)

Notwithstanding 201
2
Wyoming Session Laws, Chapter 1
01
, Section 4
(b)
, the advisory committee shall continue to assist the select committee as the select committee deems necessary

through December 31, 201
4
. The members appointed under 2011 Wyoming Session Laws, Chapter 184, Section 4(d)
,

as amended by 2013 Wyoming Session Laws, Chapter 195, Section 3,
shall continue to serve on the advisory committee.

The appointing authority for any
member who vacates membership shall fill the vacancy. Any member appointed to the advisory committee which is not an employee of a governmental subdivision or a member of a political subdivision
,
board or commission shall receive per diem and travel expenses in the manner and amount provided state employees under W.S. 9
‑
3
‑
103.

(c)

The legislative service office shall staff the select committee and the advisory committee
. The department of education
and other state agencies shall provide information and other assistance as requested by the select committee or the advisory committee. The legislative service office may retain consultants as necessary to staff and advise the select committee in executing responsibilities prescribed by this act. 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.

(
d
)

The select committee on statewide education accountability shall continue its study of phase II of the statewide education accountability system as initiated
under

2011 Wyoming Session Laws, Chapter 184, Section 4(g),
and continued under 2012 Wyoming Session Laws, Chapter 101, Section 4, and 2013 Wyoming Session Laws, Chapter 167, Section 3.
Using the

design framework for a
teacher and school district leader evaluation and accountability system
prescribed by 2013 Wyoming Session Laws, Chapter 167, Section 3,
together with a support system
for school districts
,
the
piloting of
phase II
system components within volunteer school districts in accordance with the phased-in schedule prescribed by 2013 Wyoming Session Laws, Chapter 167, Section 3(d)
,
shall
be
implemented and administered subject to the following guidelines:

(
i
)

T
he measures for the four (
4)
domains of
professional educator practice
specified
under
2013 Wyoming Session Laws, Chapter 167, Section 3(b),
shall be weighted
at eighty percent (80%), and the measures of student achievement and growth as evidence of student learning
, weighted
at twenty percent (20%). Each school district shall be afforded the ability to apply the eighty percent (80%) combined weight to each of the four (4) specified domains of professional educator practice at a weight it determines, provided the total weight applied to
all four (4) domains does not ex
ceed
eighty percent (80%);

(ii)

Identification of
multiple measures of professional practice
for

the
evaluation of
teacher and school leader
performance, including
at
minimum
,
classroom observations and artifacts to document aspects of professional practice, with specific artifacts to be identified by
each school
district
;

(iii)

Ar
ticulat
ion of the
best practices for
the
implementation and administration of the
multiple measures
of professional practice
to be used in performance
evaluation
, with any deviation from the best practices to be approved by the
director of the
department of education;

(iv)

Incorporat
ion
of
s
tudent growth percentiles into
the
evaluation of teachers in tested grades and subjects
, and incorporat
ion of
s
tudent
l
earning
o
bjectives for all teachers, but other approaches may be considered based
up
on a documented research-based or best-practice
rationale
.
The results of
both student growth percentiles and student learning objectives shall be
attributed to
educators, teachers and leaders,
either individually or collectively,
based upon each district's theory of action
;

(v)

Identif
ication of
performance standards describ
ing
the quality necessary for high performing teachers
and leaders;

(vi)

Use
of common performance level
descriptors
in all districts
as a narrative component of the performance standards that describe the key qualities
differentiating teachers and leaders
at each of the various levels
of performance
;

(vii
)

Use of a
common decision matrix
for producing the final ratings for all teachers and leaders
in all districts
.

(
e
)

Using minimum requirements specified under 201
2
Wyoming Session Laws, Chapter 101, Section 6(c),
and the
design framework
prescribed by 2013 Wyoming Session Laws, Chapter 167, Section
3,
the select committee, through the advisory committee,
and with the assistance of the department of education,
shall
continue development
,
refinement
and piloting
of the teacher and school district leader evaluation and accountability system

subject to the following criteria:

(
i
)

System implementation and administration
maximiz
ing

school district
control
over the evaluation process
to the greatest extent possible;

(i
i
)

T
eacher and leader
evaluation
comprised of:

(A)

Identification of best practices which
at minimum, include
s
the evaluation of teachers by leaders;

(B)

A process and methodology for teachers to meaningfully evaluate their
school
building and
school
district leadership on an individual basis;

(C)

A
process and methodology for building leadership to meaningfully evaluate peers and district leadership;

(D)

Appropriate systems to maintain anonymity for evaluations; and

(E)

A procedure for reporting results of evaluations on an individual basis to all stakeholders
in a transparent and timely manner
.

(
iii)

Use of
rigorous
teacher and leader evaluations
p
rovid
ing
for multiple source feedback
.

(f)

T
he advisory committee
, together with the department of education,
shall
periodically
report to the select committee on
the implementation and piloting of
the teacher and leader evaluation and
accountability system
pursuant to subsections (d) and (e) of this section. S
ubject to timelines prescribed by 2013 Wyoming Session Laws, Chapter 167, Section 3(d)
, system implementation and administration
shall address data and analytical needs and district support mechanisms
.

On or before October 15, 2014, a final report shall be submitted to the select committee by the advisory committee on findings pertaining to system implementation, together with any recommendations.
Following receipt of this final rep
ort
,
the select committee shall report findings and recommendations to the legislature for consideration during the 2015 general session, including necessary enabling legislation.

Section 4.

(a)

Not later than October 15, 2014,
subject to
business rules and
findings from administration of the pilot phase I
school
accountability system under 2013 Wyoming Session Laws, Chapter 195, Section 5,
the state board
of education
, through the department, shall report to the select committee on the administration of phase I of the statewide education accountability system as implemented in school year 2013
‑
2014

pursuant to W.S. 21
‑
2
‑
204
. The report shall include the m
easures
used to demonstrate school performance, the
methodology used to compute school performance and the target levels determined by the board.
In determining target levels for school performance indicators, the board
shall

convene
a

profess
ional judgment panel
to inform a deliberative process on target determinations as authorized under W.S. 21
‑
2
‑
204(e), as amended by section 1 of this act.
Any professional
judgment
panel convened by the state board under this subsection
shall to the extent possible, include a majority of those initial panel members appointed under
2012 Wyoming Session Laws, Chapter 101, Section 5(b)(ii),
or representatives from similar organizations or entities
of the initial panel members.

The state board shall
also report
school attainment of these performance levels
.

R
ecommendations for refinement of any component of phase I
of the statewide accountability system
may also be report
ed
under this subsection.

(
b
)

Notwithstanding W.S. 21
‑
2
‑
204 and 21
‑
2
‑
304, the state board and the department of education shall
recommend future statewide assessment system development and components, to be reported to the select committee by October 15, 2014.

(
c
)

The state board and department of education, in implementing W.S. 21
‑
2
‑
202, 21
‑
2
‑
304 and 21
‑
3
‑
110, as amended by section 1 of this act, pertaining to school district assessment systems and high school graduation requirements, shall periodically report progress to the select committee. A report with final recommendations on guidelines shall be included within the October 15, 201
4
, report required under subsection (a) of this section.

(
d
)

Based upon the report submitted under this section, the select committee shall report its findings and recommendations to the Wyoming legislature prior to the 2015 general session, including implementing legislation and a timeline for implementation when applicable.

Section
5
.

(a)

For the period commencing on the effective date of this section and ending June 30, 201
5
, up to two hundred fifty thousand dollars ($250,000.00) is appropriated from the school foundation program account to the department of education to carry out duties imposed by this act upon the department and the state board. This appropriation may be expended for acquisition of necessary professional consulting expertise. The department and state board shall report expenditures of amounts appropriated under this subsection to members of the select committee on statewide education accountability on or before January 1, 201
5
.

(b)

In addition to support provided to the state board of education and the department of education under subsection (a) of this section, the legislative service office, through acquired professional consulting expertise, shall assist the department and state board in carrying out the provisions of this act.

(
c
)

For the period beginning upon the effective date of this section and ending June 30, 201
5
,
thirty-five
thousand dollars ($
3
5,000.00) is appropriated from the
school foundation program account
to the legislative service office

for necessary expenses of the select committee on statewide education accountability
and the advisory committee continued
under this act, as necessary to carry out this act.

Section 6.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0028