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HB0097 • 2014
AN ACT relating to education; modifying the process for adoption of content and performance standards by the state board; establishing an advisory council to the state board for adoption of the content and performance standards; prohibiting participation in the Smarter Balanced Assessment Consortium; prohibiting expenditure of federal American Recovery and Reinvestment Act funds; establishing state education data security policies and protocols; imposing penalty; and providing for effective dates.
The latest official action shows that this bill did not move forward in that session.
The plain English breakdown is still being put together. The official documents below are already here.
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Committee of the Whole • SOMMERS
Plain English: Filed Committee of the Whole by SOMMERS
Committee of the Whole • REEDER
Plain English: Filed Committee of the Whole by REEDER
Committee of the Whole • WILSON
Plain English: Filed Committee of the Whole by WILSON
Committee of the Whole • NORTHRUP
Plain English: Filed Committee of the Whole by NORTHRUP
Standing Committee • TEETERS
Plain English: Filed Standing Committee by TEETERS
H Did Not Consider in CoW
H Placed on General File
H04 Recommended Amend and Do Pass
H Introduced and Referred to H04
H Received for Introduction
Bill Number Assigned
WORKING DRAFT 2014 STATE OF WYOMING 14LSO-0326 HOUSE BILL NO. HB0097 Education-state administration. Sponsored by: Representative(s) Reeder, Hutchings and Miller and Senator(s) Dockstader and Hicks A BILL for AN ACT relating to education; modifying the process for adoption of content and performance standards by the state board; establishing an advisory council to the state board for adoption of the content and performance standards; prohibiting participation in the Smarter Balanced Assessment Consortium; prohibiting expenditure of federal American Recovery and Reinvestment Act funds; establishing state education data security policies and protocols; imposing penalty; and providing for effective date s . Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 21 ‑ 9 ‑ 104 is created to read: 21 ‑ 9 ‑ 104. Establishment of content and performance standards by the state board. (a) The state of Wyoming shall retain sole control over the development, establishment and revision of the content and performance standards established pursuant to this section and W.S. 21 ‑ 2 ‑ 304( a)(iii). Neither the state board, nor any other state education entity, nor any state official, may join any consortium or any other organization when participation in that consortium or organization would cede any measure of control over any aspect of Wyoming public education to entities outside the state, nor may any such person or entity condition or delay a decision on content and performance standards on the decision of any consortium, organization or other state government, or the federal government. (b) Effective April 15, 2014, and each year thereafter, the state board shall establish the content and performance standards advisory council to advise the state board in creating and adopting world class content and performance standards that will lead to a broad liberal arts education, resulting in college and career readiness for all students. Unless specifically provided otherwise by this subsection, members of the advisory council shall be appointed by the state board. The advisory council shall consist of the following members: ( i ) One (1) curriculum director from a Wyoming school district with expertise in curriculum and standards in kindergarten through grade twelve (12); ( ii ) Three (3) parents of students. Teachers, curriculum directors, professors or other individuals eligible for appointment under an alternative paragraph in this subsection shall not be appointed as a parent representative under this paragraph; ( iii ) Three (3) certified teachers, each with at least ten (10) years of experience in teaching core curriculum in a Wyoming school district. A teacher from an elementary school, a middle school and a high school shall be appointed under this paragraph. Retired teachers may be appointed under this paragraph; (iv) Three (3) professors from the University of Wyoming or from any Wyoming community college to include one (1) from a mathematics department, one (1) from an English literature department and one (1) professor from the vocational technical area of study; ( v ) One (1) representative from the business community; (vi) Four (4) trustees of any Wyoming school district board of trustees appointed by the chairs of the joint education interim committee, with each chair appointing two (2) members under this paragraph. (c) Effective April 15, 2014, and each year thereafter, the advisory council shall establish a subcommittee for each subject area defined in W.S. 21 ‑ 9 ‑ 101( b). Subcommittee members need not be members of the advisory council. At a minimum, each subcommittee shall consist of the following members: (i) Three (3) certified teachers employed by Wyoming school districts or retired from teaching in public or private schools, each having at least ten (10) years of teaching experience with at least five (5) years in the academic content area of the subcommittee; ( ii ) Three (3) parents of students. Teachers, curriculum directors, professors or other individuals eligible for appointment under an alternative paragraph in this subsection shall not be appointed as a parent representative under this paragraph; (iii) Three (3) professors, each holding a doctoral degree in the specific academic content area of the subcommittee, employed by or retired from an accredited four (4) year higher education institution; (iv) Two (2) members appointed by the chairs of the joint education interim committee, with each chair appointing one (1) member under this paragraph; (v) For those subcommittees addressing content and performance standards to be taught in high school, an additional two (2) members to include one (1) representative from a technical postsecondary institution and one (1) representative from the business community. (d) Effective April 15, 2014, and each year thereafter, and at the direction of the advisory council established by subsection (b) of this section, all content and performance standards required by W.S. 21 ‑ 9 ‑ 101( b) shall be reviewed by the appropriate subcommittee established under subsection (c) of this section to ensure that the standards contain clarity, rigor, content, depth and coherence. The review by the subcommittee shall include the following: (i) Examination of content and performance standards reform efforts over the past twenty (20) years to ensure that current efforts do not take place without historical context; (ii) Consideration of research relevant to each subject area; (iii) Examination of the content and performance standards or similar requirements for the subject area that have been adopted by other states; (iv) Collect feedback on the proposed standards solicited from teachers, parents and other citizens and make that feedback available to the general public through existing communication resources utilized by school districts; (v) Solicit feedback from appropriate content related organizations, associations and societies. (e) Each subcommittee shall prepare proposed content and performance standards based on the review conducted under subsection (d) of this section, including any revisions deemed necessary by the subcommittee. Each subcommittee, through the department of education, shall provide an electronic copy of the proposed standards to every Wyoming school district board of trustees and to the relevant department heads of each Wyoming institution of higher education including at minimum, department heads of the content areas addressed by those standards. The proposed standards shall be available to the public by means of existing communication resources utilized by school districts. Each subcommittee shall provide a public comment period on the proposed standards of not less than sixty (60) days and shall hold at least five (5) public hearings at various locations across the state to receive comment on the rigor, clarity and reasonableness of the standards developed by the subcommittee. Each subcommittee shall revise the standards as appropriate based upon public participation and comment. Each subcommittee shall prepare a report to the advisory council on the proposed standards for its review and approval. (f) Upon receipt of a report on proposed content and performance standards from a subcommittee, the advisory council shall review and finalize the standards before forwarding to the state board for promulgation of rules and regulations required under W.S. 21 ‑ 2 ‑ 304( a)(iii). (g) Prior to promulgation of rules and regulations under W.S. 21 ‑ 2 ‑ 304( a)(iii), the state board shall conduct at least one (1) public hearing in every legislative district and present the proposed standards to the joint education interim committee and to the Wyoming legislature. The state board shall report any proposed changes to all Wyoming school district boards of trustees. (h) Members of the content and performance standards advisory council or of any subcommittee shall be reimbursed for necessary expenses incurred in the performance of their duties as members. (j) In addition to other requirements specified under this section, each member of the content and performance standards advisory council or of any subcommittee established under this section shall be a resident of Wyoming for at least eight (8) months and at minimum, hold a bachelor's degree or equivalent four (4) year degree from an accredited higher education institution. The members of the advisory council and of any subcommittee shall be as fairly balanced in geographic representation as reasonably possible, with members from each of the legislative districts representing urban and rural areas. Members shall serve for no longer than four (4) years. Each member rotating off of the advisory council or of any subcommittee shall be replaced within thirty (30) days. (k) Each subject area of the content and performance standards shall be reviewed pursuant to this section once every eight (8) years. Reviews shall be staggered, with only one (1) subject area review being initiated in any given year. Notwithstanding this subsection, the content and performance standards for English language arts shall be reviewed not later than December 31, 2014 and then again not more than eight (8) years thereafter , and the content and performance standards for math shall be reviewed not later than December 31, 2014, and then again not more than six (6) years thereafter . (m) In addition to the requirements contained in this section, content and performance standards that are not developed under the sole authority of the state of Wyoming or standards that use the same model framework developed primarily by entities other than the state of Wyoming shall not be adopted or implemented by the state board until expiration of a public comment period of at least one (1) year. Section 2. W.S. 21 ‑ 2 ‑ 204( h)(iii), 21 ‑ 2 ‑ 304(a)(iii)(intro) and (c), 21 ‑ 3 ‑ 110(a)(xv) and (xxiv), 21 ‑ 9 ‑ 101(a) and 21 ‑ 16 ‑ 1308(c)(intro) are amended to read: 21 ‑ 2 ‑ 204. Wyoming Accountability in Education Act; statewide education accountability system created. (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 ‑ 2 ‑ 202( a)(xxi), 21 ‑ 2 ‑ 304(a)(v)(H), 21 ‑ 3 ‑ 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. In establishing a reporting system under this subsection, the department shall describe the performance of each public school in Wyoming. The performance report shall: (iii) Subject to W.S. 21 ‑ 2 ‑ 202( h), p rovide longitudinal information to track student performance on a school, district and statewide basis; 21 ‑ 2 ‑ 304. Duties of the state board of education. (a) The state board of education shall: (iii) By rule and regulation as required by W.S. 21 ‑ 9 ‑ 104 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 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: (c) The state board shall perform an ongoing review of state board duties prescribed by law and may make recommendations to the legislature on board duties . In addition and not less than once every five (5) years, the board shall evaluate and review the uniformity and quality of the educational program standards imposed under W.S. 21-9-101 and 21-9-102 and the student content and performance standards promulgated under paragraph (a )( iii) of this section, and shall report findings and recommendations to the joint education interim committee of the legislature on or before December 1 of the year in which the review and evaluation was undertaken. The joint education interim committee shall report its recommendations, based upon findings and recommendations of the state board, to the legislature during the immediately following legislative session. 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 pursuant to W.S. 21 ‑ 9 ‑ 104 ; (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), 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 the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21 ‑ 9 ‑ 101( b). No district student assessment system shall be adopted or administered under this paragraph that collects any type of psychological data, including assessment of noncognitive skills or attributes, psychological resources, mindsets, learning strategies, effortful control, attitudes, dispositions, social skills or other interpersonal or intrapersonal resources. 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); 21 ‑ 9 ‑ 101. Educational programs for schools; standards; core of knowledge and skills; special needs programs; class size requirements; cocurricular activities. (a) The board of trustees of each school district within the state shall cause the schools under its jurisdiction to provide an educational program in accordance with uniform standards defined under this section and rules and regulations promulgated by the state board of education pursuant to W.S. 21 ‑ 2 ‑ 304( a) (iii) and 21 ‑ 9 ‑ 104 . 21 ‑ 16 ‑ 1308. Administration; rules and regulations. (c) Subject to limits prescribed under W.S. 21 ‑ 2 ‑ 202( h), t he department shall establish annual reporting procedures for purposes of policy analysis and program evaluation and providing accurate data to the legislature and governor relative to the program's impact on the state and on students. In developing the annual reporting procedure the department shall consult with the University of Wyoming and community college financial aid officers and registrars or their designees. It is the intention of the legislature that the reporting system and the requirements thereof shall be applicable to all recipients of scholarships under this article. Compliance with this section shall be made a condition of receiving a scholarship under this article. For any student attending more than one (1) eligible institution, the home institution shall be responsible for data reporting for that student, and any other eligible institution shall cooperate as necessary with the home institution to fulfill that duty. The reporting system shall include the following information: Section 3. W.S. 21 ‑ 2 ‑ 202(a)(xiv) , (xxxiv) and by creating new subsections (f) through ( j ) and 21 ‑ 2 ‑ 304(a)(v) (intro) , as amended by 2013 Wyoming Session Laws, Chapter 1, are amended to read: 21 ‑ 2 ‑ 202. Duties of the director ; penalty for unlawful sharing of student data . (a) In addition to any other duties assigned by law, the director shall: (xiv) For purposes of the statewide assessment of students and reporting student performance under W.S. 21 ‑ 2 ‑ 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 ‑ 2 ‑ 204(h) and shall be provided within a reasonable time in accordance with rules and regulations of the state board; (xxxiv) With the department of enterprise technology services and subject to subsection (f) of this section , establish criteria for the collection, storage, management and reporting of department of education data related to teacher certification and the administration of the school finance system. (f) Effective April 15, 2014, and each year thereafter, neither the director nor the state department of education shall: (i) Share any personally identifiable information compiled on students or teachers with any entity outside the state of Wyoming, except for hard data storage located in safe locations outside the state, or cloud data storage as long as the cloud computing provider agrees in writing that it will not redisclose such information or use the information for any secondary purposes that benefit the provider or any third party, including but not limited to online behavioral advertising, creating or correcting an individual or household profile primarily for the provider’s benefit, the sale of data for any commercial purpose or for any other commercial for-profit activity; (ii) Share any personally identifiable information about any student or teacher with any entity that intends to use that information for development of commercial products or services or that intends to transfer that data to any other entity for use in development of commercial products or services; (iii) Share any personally identifiable information about any student or teacher with any entity inside the state of Wyoming unless that entity is an education agency or institution that does not intend to: (A) Use the data to develop commercial products or services; (B) Transfer the data to any other entity to use in development of commercial products or services; or (C) Use the data or transfer the data for economic or workforce development planning. (v) Share any personally identifiable information on students and teachers with the United States department of education unless: (A) Such sharing is required by the United States department of education as a condition of receiving a federal education grant; (B) The United States department of education agrees in writing to use the data only to evaluate the program funded by the grant; (C) The United States department of education agrees in writing that the data will not be used for any research beyond that related to the evaluation of the program funded by the grant, unless the parent or guardian of any student, and any teacher, whose data will be used for such research affirmatively consents in writing to that use; (D) The United States department of education agrees in writing to destroy the data upon completion of the evaluation of the program for which the data were compiled; and (E) The grant or program for which the data is required is authorized by federal statute or by federal rule properly promulgated under the federal Administrative Procedure Act, 5 U.S.C. Section 500, et seq. (g) If the United States department of education requires as a condition of making a federal education grant, that the grant recipient share student or teacher data under circumstances that do not comply with subparagraph (f )( v)(E) of this section, the grant recipient shall provide written notification to the parents or guardians of every student whose data will be shared or every teacher whose data will be shared of the following: (i) That the grant recipient has been required to turn over the student's or teacher's data to the United States department of education; (ii) That neither the grant recipient nor any other entity within the state of Wyoming will have control over the use or further sharing of that data; and (iii) The contact information including the telephone number and e-mail address, of the United States department of education official who demands the data. (h) Neither t he director, nor the department of education, nor any other education entity, shall expend any funds on the construction, enhancement or expansion of any statewide longitudinal data system designed to track students beyond kindergarten through grade twelve (12) or to compile personal, nonacademic information beyond what is necessary either for administrative functions directly related to the student’s education, for evaluation of academic programs and student progress, or for compliance with the requirements of the United States department of education as provided by paragraph (f)(v) of this section. (j) A person commits a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both , if he knowingly shares personally identifiable student information in any manner not prescribed by subsections (f), (g) and (h) of this section or as otherwise prescribed by law. 21 ‑ 2 ‑ 304. Duties of the state board of education. (a) The state board of education shall: (v) Through the director 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 ‑ 2 ‑ 204. Improvement of teaching and learning in schools, attaining student achievement targets for performance indicators established under W.S. 21 ‑ 2 ‑ 204 and fostering school program improvement shall be the primary purposes of statewide assessment of student performance in Wyoming. No statewide student assessment system shall be adopted or administered under this paragraph that collects any type of psychological data, including assessment of noncognitive skills or attributes, psychological resources, mindsets, learning strategies, effortful control, attitudes, dispositions, social skills or other interpersonal or intrapersonal resources. The statewide assessment system shall: Section 4 . W.S. 21 ‑ 2 ‑ 202(a)(xiv) , (xxxiv) and by creating new subsections (f) through ( j ) and 21 ‑ 2 ‑ 304(a)(v) (intro) , as in effect prior to enactment of 2013 Wyoming Session Laws, Chapter 1, are amended to read: 21 ‑ 2 ‑ 202. Duties of the state superintendent. (a) In addition to any other duties assigned by law, the state superintendent shall: (xiv) For purposes of the statewide assessment of students and reporting student performance under W.S. 21 ‑ 2 ‑ 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 ‑ 2 ‑ 204(h) and shall be provided within a reasonable time in accordance with rules and regulations of the state board; (xxxiv) With the department of enterprise technology services and subject to subsection (f) of this section , establish criteria for the collection, storage, management and reporting of department of education data related to teacher certification and the administration of the school finance system. (f) Effective April 15, 2014, and each year thereafter, neither the state superintendent nor the state department of education shall: (i) Share any personally identifiable information compiled on students or teachers with any entity outside the state of Wyoming, except for hard data storage located in safe locations outside the state, or cloud data storage as long as the cloud computing provider agrees in writing that it will not redisclose such information or use the information for any secondary purposes that benefit the provider or any third party, including but not limited to online behavioral advertising, creating or correcting an individual or household profile primarily for the provider’s benefit, the sale of data for any commercial purpose or for any other commercial for-profit activity; (ii) Share any personally identifiable information about any student or teacher with any entity that intends to use that information for development of commercial products or services or that intends to transfer that data to any other entity for use in development of commercial products or services; (iii) Share any personally identifiable information about any student or teacher with any entity inside the state of Wyoming unless that entity is an education agency or institution that does not intend to: (A) Use the data to develop commercial products or services; (B) Transfer the data to any other entity to use in development of commercial products or services; or (C) Use the data or transfer the data for economic or workforce development planning. (v) Share any personally identifiable information on students and teachers with the United States department of education unless: (A) Such sharing is required by the United States department of education as a condition of receiving a federal education grant; (B) The United States department of education agrees in writing to use the data only to evaluate the program funded by the grant; (C) The United States department of education agrees in writing that the data will not be used for any research beyond that related to the evaluation of the program funded by the grant, unless the parent or guardian of any student, and any teacher, whose data will be used for such research affirmatively consents in writing to that use; (D) The United States department of education agrees in writing to destroy the data upon completion of the evaluation of the program for which the data were compiled; and (E) The grant or program for which the data is required is authorized by federal statute or by federal rule properly promulgated under the federal Administrative Procedure Act, 5 U.S.C. Section 500, et seq. (g) If the United States department of education requires as a condition of making a federal education grant, that the grant recipient share student or teacher data under circumstances that do not comply with subparagraph (f )( v)(E) of this section, the grant recipient shall provide written notification to the parents or guardians of every student whose data will be shared or every teacher whose data will be shared of the following: (i) That the grant recipient has been required to turn over the student's or teacher's data to the United States department of education; (ii) That neither the grant recipient nor any other entity within the state of Wyoming will have control over the use or further sharing of that data; and (iii) The contact information including the telephone number and e-mail address, of the United States department of education official who demands the data. (h) Neither t he state superintendent, nor the department of education, nor any other education entity, shall expend any funds on the construction, enhancement or expansion of any statewide longitudinal data system designed to track students beyond kindergarten through grade twelve (12) or to compile personal, nonacademic information beyond what is necessary either for administrative functions directly related to the student’s education, for evaluation of academic programs and student progress, or for compliance with the requirements of the United States department of education as provided by paragraph (f)(v) of this section. (j) A person commits a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both , if he knowingly shares personally identifiable student information in any manner not prescribed by subsections (f), (g) and (h) of this section or as otherwise prescribed by law. 21 ‑ 2 ‑ 304. Duties of the state board of education. (a) The state board of education shall: (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 ‑ 2 ‑ 204. Improvement of teaching and learning in schools, attaining student achievement targets for performance indicators established under W.S. 21 ‑ 2 ‑ 204 and fostering school program improvement shall be the primary purposes of statewide assessment of student performance in Wyoming. No statewide student assessment system shall be adopted or administered under this paragraph that collects any type of psychological data, including assessment of noncognitive skills or attributes, psychological resources, mindsets, learning strategies, effortful control, attitudes, dispositions, social skills or other interpersonal or intrapersonal resources. The statewide assessment system shall: Section 5. (a) Notwithstanding any other provision of law, the state of Wyoming shall immediately initiate the procedure, as outlined in the Smarter Balanced Assessment Consortium Governance Structure Document (July 1, 2010, amended September 19, 2013), to withdra w from such consortium. (b) Notwithstanding any other provision of law, neither the director, nor state superintendent, nor the department of education, nor any other education entity , shall expend any funds, whether from federal grants, American Recovery and Reinvestment Act funds or elsewhere, on construction, enhancement or expansion of any statewide longitudinal data system designed to track students beyond their kindergarten through grade twelve (12) careers, or to compile their personal, nonacademic information beyond what is necessary either for administrative functions directly related to the student’s education, for evaluation of academic programs and student progress or for compliance with the requirements of the United States department of education as provided by W.S. 21 ‑ 9 ‑ 104 (f)(v) as contained in this act. Section 6. The content and performance standards advisory council, as created by W.S. 21 ‑ 9 ‑ 104 under section 1 of this act, shall be established by the state board of education. All laws and parts of laws in conflict with this act are repealed. Section 7. (a) Section s 1 , 2, 5 and 6 of this act are effective immediately upon completion of all acts necessary for a bill to become law by Article 4, Section 8 of the Wyoming Constitution. (b) Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law by Article 4, Section 8 of the Wyoming Constitution, except as provided by subsection (c) of this section. (c) Section 4 of this act is effective only upon a final order by the district court of Laramie County, Wyoming, is issued implementing without change the final ruling of the Wyoming Supreme Court issued January 28, 2014, in the case of Kerry and Clara Powers, on behalf of themselves and the citizens of Wyoming, and Cindy Hill, on behalf of herself and as the Superintendent of Public Instruction v. State of Wyoming and Matthew H. Mead, Governor, in his official capacity [Docket No. S-13-0042] , then upon expiration of time for appeal of that order, or if appealed, upon issuance of a final order or mandate of the Wyoming Supreme Court confirming the district court final order, the Governor shall certify the entry of the district court final order. The Governor shall immediately, file any certification under this section together with the final order with the secretary of state. If the certification is filed with the secretary of state, section 4 of this act is effective upon filing and shall supersede section 3 of this act. (END) 1 HB0097