Education-content and performance standards.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0320

HOUSE BILL
NO.

HB0162

Education-content and performance standards.

Sponsored by:
Representative(s) Teeters

A BILL

for

AN ACT relating to
education content and performance standard
s
; modifying the process for revision of the content and performance standards;
requiring the legislature to adopt content and performance standards
as specified
;
and providing for effective date
s
.

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

Section 1.

W.S. 21
‑
2
‑
304(a)(iii)
(intro)
,

(iv)((A)
through (C)
and (c)
, 21
‑
2
‑
307(b),

21
‑
3
‑
110
(a)
(xv) and (xxiv), 21
‑
3
‑
308(g), 21
‑
9
‑
101(a) and (b)(intro), 21
‑
13
‑
101(a)(v), 21
‑
13
‑
330(f)(ii)
,
21
‑
13
‑
334(a)(iii)
and
21
‑
16
‑
1
3
0
7(f)(intro)
are amended to read
:

21
‑
2
‑
304.

Duties of the state board of education.

(a)

The state board of education shall:

(iii)

By
rule and regulation

and

I
n consultation and coordination with local school districts,
prescribe

recommend
to the legislature
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

recommended
under this paragraph shall include
recommended
standards for graduation from any high school within any school district of this state and shall describe
required

recommended
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

Nothing
in this section shall
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:

(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 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. The state board shall through the department, annually review
and approve each district's assessment system designed to determine the various levels of student performance 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:

(A)

Advanced endorsement which requires a student to demonstrate advanced performance in a majority of the areas of the common core of knowledge and skills specified under W.S. 21-9-101(b) and proficient performance in the remaining areas of the specified common core of knowledge and skills, as defined by the uniform student content and performance standards
promulgated by the state board pursuant to paragraph (a
)(
iii) of this section

as enacted by the legislature
;

(B)

Comprehensive endorsement which requires a student to demonstrate proficient performance in all areas of the common core of knowledge and skills specified under W.S. 21
‑
9
‑
101(b) as defined by the uniform student content and performance standards
promulgated by the state board pursuant to paragraph (a)(iii) of this section

as enacted by the legislature
;

(C)

General endorsement which requires a student to demonstrate proficient performance in a majority of the areas of the common core of knowledge and skills specified under W.S. 21
‑
9
‑
101(b) as defined by the uniform student content and performance standards
promulgated by the state board pursuant to paragraph (a)(iii) of this section

as enacted by the legislature
.

(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

as enacted by the legislature
, and shall report findings and recommendations to the joint education interim committee of the legislature on or before
December
November
1

of the year in which the review and evaluation was undertaken.
The re
port
shall include
recommendations under paragraph (a
)(
iii)
of this section
.

The
joint education interim committee shall report its
recommendations, based upon findings and recommendations of the state board

and following a process which includes analysis and evaluation of state board recommendations and opportunity for public hearing
, to the legislature during the immediately following legislative session.

Effective April 15, 2015
and each year thereafter,
the legislature shall
adopt content and performance standards imposed under W.S. 21-9-101 and 21-9-102 and performance levels
necessary
to achieve proficiency of the common core of knowledge and common core of skills
.

21
‑
2
‑
307.

State board of vocational education; duties.

(b)

In addition to other duties assigned under W.S. 21
‑
2
‑
304, the state board shall review career-vocational education programs offered by school districts to ensure the programs satisfactorily serve the needs of students within the state and are aligned with state content and performance standards
prescribed in accordance with W.S. 21-2-304(a
)(
iii)

as enacted by the legislature
.

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

a
s enacted by the legislature
;

(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

the legislature has enacted
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).
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
‑
3
‑
308.

Hearing by local board; prohibited actions by local board; criteria; compliance with state standards; state board review; contractual authority.

(g)

Charter schools shall meet the state uniform educational program standards imposed upon public schools by W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and the uniform state student content and performance standards
prescribed by the state board of education under W.S. 21-2-304

as enacted by the legislature
, including compliance with requirements under the statewide assessment system pursuant to W.S. 21
‑
2
‑
304(
a)(v).

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)

enacted by the legislature
.

(b)

Each school district within the state shall provide educational programs sufficient to meet uniform student content and performance standards at the level established by the
state board of education

legislature
in the following areas of knowledge and skills:

21
‑
13
‑
101.

Definitions.

(a)

As used in this chapter:

(v)

"Foundation program" means the level of funding which is to be made available to each district under this article so that each district is able to comply with the state uniform educational program standards imposed under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and the uniform state student content and performance standards
prescribed

enacted

by the
state board of education under W.S. 21
‑
2
‑
304(
a)(
v)

legislature
;

21
‑
13
‑
330.

Distance education; program content; distance learning plan required; students within ADM of resident district; agreements with districts authorized.

(f)

As used in this section:

(ii)

"Distance learning plan" means an agreement between the school district or districts, a student and his parents or guardian outlining the distance education program requested by the student and his parents or guardian, together with expectations and achievable performance benchmarks required for completion of the program in accordance with content and performance standards
promulgated by the state board under W.S. 21
‑
2
‑
304(
a)(iii)

enacted by the legislature
;

21
‑
13
‑
334.

Supplemental at-risk financial assistance program for summer school and extended day intervention and remediation programs.

(a)

The supplemental at-risk financial assistance program for summer school and extended day intervention and remediation programs is established to augment resources contained within the education resource block grant model for addressing the needs of students who are not performing at proficient levels and shall provide financial assistance to districts for the provision of intervention and remediation instruction to academically at-risk students
beyond the required school year specified by law under W.S. 21
‑
4
‑
301 and 21
‑
13
‑
307(a)(ii). Financial assistance under this section shall:

(iii)

At minimum, be made available to students requiring additional instruction utilizing enriched learning strategies or other remedial methods to master statewide content and performance standards
prescribed by the state board of education under W.S. 21
‑
2
‑
304(a)(iii)

enacted by the legislature
or otherwise seeking credit recovery for promotion to the subsequent grade level.

21
‑
16
‑
1307.

Success curriculum; test standards.

(f)

The courses set forth as success curricula requirements under this article shall be aligned with the student content and performance standards
established pursuant to W.S. 21
‑
2
‑
304(
a)(iii)

enacted by the legislature
. The department shall by rule and regulation:

Section 2.

W.S. 21
‑
2
‑
202(c)
, 21
‑
2
‑
304(
a)(v)(A)
and (b)(ii) and 21
‑
13
‑
309(m)(v)(D)(II)
, as amended by 2013 Wyoming Session Laws, Chapter 1,
are
amended to read:

21
‑
2
‑
202.

Duties of the director.

(c)

In addition to subsection (a) of this section, the director may take appropriate administrative action with the state board as necessary, including but not limited to the changing of accreditation status, against any school district or state institution failing to comply with any applicable law or with the uniform educational program standards specified under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and the student content and performance standards
prescribed

enacted
by the
state board

legislature
.

21
‑
2
‑
304.

Duties o
f 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. The statewide assessment system shall:

(A)

Measure individual student performance and progress in a manner substantially aligned with the uniform educational program and student content and performance standards imposed by law
;
and by board rule and regulation;

(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
‑
9
‑
101 and 21
‑
9
‑
102 and the uniform student content and performance standards
established by rules and regulations adopted under subsection (a) of this section

enacted by the legislature
, together with student performance indicators established
and measured pursuant to W.S. 21
‑
2
‑
204, by taking appropriate administrative action with the director, including but not limited to the changing of accreditation status;

21
‑
13
‑
309.

Determination of amount to be included in foundation program for each district.

(m)

In determining the amount to be included in the foundation program for each district, the director shall:

(v)

Based upon ADM computations and identified school configurations within each district pursuant to paragraph (iv) of this subsection, compute the foundation program amount for each district as prescribed by the education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21
‑
13
‑
101(a)(xiv), as contained within the spreadsheets and accompanying reports referenced under W.S. 21
‑
13
‑
101(a)(xvii), on file with the secretary of state and maintained by the director pursuant to W.S. 21
‑
2
‑
202(e). The following criteria shall be used by the director in the administration of the education resource block grant model:

(D)

Career-vocational education computations within the education resource block grant model shall be based upon:

(II)

Career-vocational education programs offered in grades nine (9) through twelve (12) consisting of a sequence of three (3) or more vocational courses in an occupational area or career cluster that provides students with the technical knowledge, skills or proficiencies necessary to obtain employment in current or emerging occupations or to pursue advanced skill training. To qualify under this subdivision, a vocational course shall be offered pursuant to W.S. 21
‑
9
‑
101(
b)(
i
)(J) and aligned with state content and performance standards
prescribed by the state board of education under W.S. 21
‑
2
‑
304(a)(iii)

as enacted by the legislature
, and except as provided under W.S. 21
‑
2
‑
202(a)(xxvii), shall be provided by a teacher certified by the Wyoming professional teaching standards board for the vocational subject area associated with the course;

Section 3.

W.S. 21
‑
2
‑
202(c),
21
‑
2
‑
304(
a)(v)
(A)
and (b)(ii) and 21
‑
13
‑
309(m)(v)(D)(II),

as in effect prior to
the enactment of 2013 Wyoming Session Laws, Chapter 1,
are
amended to read:

21
‑
2
‑
202.

Duties of the
state superintendent
.

(c)

In addition to subsection (a) of this section, the
state superintendent
may take appropriate administrative action with the state board as necessary, including but not limited to the changing of accreditation status, against any school district or state institution failing to comply with any applicable law or with the uniform educational program standards specified under W.S. 21
‑
9
‑
101 and 21
‑
9
‑
102 and the student content and performance standards
prescribed

enacted
by the
state board

legislature
.

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. The statewide assessment system shall:

(A)

Measure individual student performance and progress in a manner substantially aligned with the uniform educational program and student content and performance standards imposed by law
;
and by board rule and regulation;

(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
‑
9
‑
101 and 21
‑
9
‑
102 and the uniform student content and performance standards
established by rules and regulations adopted under subsection (a) of this section

as enacted by the legislature
, together with student performance indicators established and measured pursuant to W.S. 21
‑
2
‑
204, by taking appropriate administrative action with the
state superintendent
, including but not limited to the changing of accreditation status;

21
‑
13
‑
309.

Determination of amount to be included in foundation program for each district.

(m)

In determining the amount to be included in the foundation program for each district, the
state superintendent
shall:

(v)

Based upon ADM computations and identified school configurations within each district pursuant to paragraph (iv) of this subsection, compute the foundation program amount for each district as prescribed by the education resource block grant model adopted by the Wyoming legislature as defined under W.S. 21
‑
13
‑
101(a)(xiv), as
contained within the spreadsheets and accompanying reports referenced under W.S. 21
‑
13
‑
101(a)(xvii), on file with the secretary of state and maintained by the
state superintendent
pursuant to W.S. 21
‑
2
‑
202(e). The following criteria shall be used by the
state superintendent
in the administration of the education resource block grant model:

(D)

Career-vocational education computations within the education resource block grant model shall be based upon:

(II)

Career-vocational education programs offered in grades nine (9) through twelve (12) consisting of a sequence of three (3) or more vocational courses in an occupational area or career cluster that provides students with the technical knowledge, skills or proficiencies necessary to obtain employment in current or emerging occupations or to pursue advanced skill training. To qualify under this subdivision, a vocational course shall be offered pursuant to W.S. 21
‑
9
‑
101(
b)(
i
)(J) and aligned with state content and performance standards
prescribed by the state board of education under W.S. 21
‑
2
‑
304(a)(iii)

as enacted by the legislature
, and except as provided under W.S. 21
‑
2
‑
202(a)(xxvii), shall be
provided by a teacher certified by the Wyoming professional teaching standards board for the vocational subject area associated with the course;

Section
4
.

(a)

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, except section 2 of this act is effective only if section 3 of this act is not effective as provided by subsection (b) of this section.

(b)

If 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-13-0052]
, 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. Upon filing certification with the secretary of state, section 3 of this act is effective
and
shall supersede section 2 of this act.
(END)

1
HB0162