Stop common core initiatives in Wyoming.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0363

HOUSE BILL
NO.

HB0168

Stop common core
initiatives
in Wyoming.

Sponsored by:
Representative(s) Jaggi, Davison, Halverson, Kroeker, Miller and Watt and Senator(s) Dockstader, Meier and Nutting

A BILL

for

AN ACT relating to public schools; imposing criteria on the adoption of state education program and student content and performance standards; requiring adherence to process and guidelines; prohibiting the enforcement of specified rules and regulations of the Wyoming department of education; prohibiting participation in standards and assessment activities originating out-of-state by state board members, official and other agencies representing public schools; prohibiting sharing of educational data; requiring the legislative service office to make conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 21
‑
2
‑
304(
a)(iii)(intro) and (c) is amended to read:

21
‑
2
‑
304.

Duties of the state board of education.

(a)

The state board of education shall:

(iii)

Subject to subsection (c) of this section, b
y 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 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.

Effective April 1, 2014, the educational program standards imposed under W.S. 21
‑
9
‑
101 and 21-9
‑
102 and, enforced under paragraphs (a)(ii) and (b)(ii) of this section and the student content and performance standards adopted under paragraph (a)(iii) of this section shall encompass academic and cognitive instruction only, shall not in any way include attitudes, beliefs or value systems not essential to the legal, economic and social structure of society and to the personal and social responsibility of citizens of this state, and shall not reflect initiatives, directives or other standards developed through state consortiums, nationally organized initiatives or by any other process not originating in this state and following the
requirements of this subsection. Adoption of
"
c
ommon
c
ore
s
tate
s
tandards
"
,
as defined in this subsection
,
by the state board
pursuant to
paragraph (a
)(
iii)
of this section
is
prohibited.
As used in this subsection
,
"
c
ommon
c
ore
s
tate
s
tandards" means any standards promulgated by or based on the Common Core State Standard Initiatives, including but not limited to Common Core State Standards aligned standards and materials; or directives by the Smarter Assessment Consortium; or the Next Generation Science Standards; or any other standards written by and/or copyrighted by the National Governors Association, Council of Chief State School Officers, Achieve, Inc., or any other testing consortium not originating in Wyoming.

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
through a deliberative process involving public hearings and public input, ensuring the standards originate in Wyoming and reflect the requirements of this subsection
, 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.

Section 2.

W.S. 21
‑
2
‑
203
(c
)(
ii)
(
C
) is amended to read:

21
‑
2
‑
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 director, 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
‑
2
‑
204. In accomplishing this, the department shall:

(C)

Use existing data to establish longitudinal data systems linking student achievement with
school principals and school district leaders, as necessary for the statewide education accountability system.
Personally identifiable student or parent data, or any information as contained in the statewide longitudinal data system shall not be disseminated, shared, or transferred in any way relating to, or to be used in connection with, the common core state standards initiatives as defined in W.S
.
21
‑
2
‑
3
0
4
(
c
).

Section 3.

(a)

Section 7(a)(
i
)(A) and (ii)(A), Chapter 10, rules and regulations of the Wyoming department of education, prescribing Wyoming language arts and mathematics content and performance standards, filed with the secretary of state on November 6, 2013, shall not be enforced on and after April 1, 2014.

Such standards are contrary to W.S. 21
‑
13
‑
304(
a)(iii) and (c), as amended under section 1 of this act, and are common core state standards.

(b)

The secretary of state is directed to make appropriate entries on the rules of the Wyoming department of education on file with the official registry of administrative rules and regulations, to indicate the rules
referred to in subsection (a) of this section are void and unenforceable as provided in W.S. 28
‑
9
‑
107(c).

Section 4.

Effective April 1, 2014, and for purposes of adhering to W.S. 21
‑
2
‑
304(c), as amended by section 1 of this act, no member of the state board of education nor any other state official or agency, as a representative of Wyoming public schools, shall participate in the national initiative known as the "common core state standards" developed by the council of chief state school officers and the national governors association,
nor shall
any such member, official or agency representative participate in the
S
marter
A
ssessment
C
onsortium or other assessment consortium which is based upon testing student proficiency under the common core state standards
as defined in W.S. 21
‑
2
‑
304(c) as amended in section 1 of this act
.

Section 5.

In accordance with section 3 of this act, upon entry of a final order by the district court of Laramie County, Wyoming, without change of 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 legislative service office shall revise Wyoming statutes as necessary to conform to the order as described herein.

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
HB0168