State education administration.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0372.E1

SENATE FILE
NO.
SF0106

State education administration.

Sponsored by:
Management Council

A BILL

for

AN ACT relating to
public education;
providing
for a process
to
address

a
2014 Supreme Court decision
relating to the structure and oversight of the state's public school system;
requiring a legislative study;

providing for the delegation of powers and duties relating to the administration of the state's school system; providing an appropriation;
and providing for an effective date.

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

Section 1.

(a)

The legislature finds
:

(i)

In its
ruling
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]
,
the Supreme Court
responded to a certified question finding
2013 Wyoming Session Laws, Chapter 1,
violated Wyoming Constitution, Article 7, Section 14;

(ii)

I
n its ruling cited under paragraph (i) of this subsection,
the Supreme Court
did not
identify
which
powers and duties assigned under 2013 Wyoming Session Laws, Chapter 1, were
improperly assigned from the state superintendent of public instruction,

nor did the Supreme Court identify
those assigned duties which
could properly be assigned from the state superintendent
;

(iii)

In its ruling cited under paragraph (i) of this subsection, the Supreme Court states it was not holding that the legislature may not delegate duties and powers relating to public education to entities other than the state superintendent;

(i
v
)

The legislature is tasked with addressing those aspects of 2013 Wyoming Session Laws, Chapter 1, which are
unconstitutional
, and intends
to
determin
e
the
proper assignment of powers and duties meet
ing
constitutional requirements;

(v)

T
he legislature
is

required to
clarify a process for the
technical implementation of subsequent legislative actions dependent upon
a structure for those state statutes impacted by the ruling cited under
paragraph
(i) of this subsection;

(v
i
)

The legislature is required to develop a process to disentangle budgeted amounts attached with the several programs and services structured around an assignment of powers and duties under 2013 Wyoming Session Laws, Chapter 1, to a structure
reflecting

an
assignment of powers and duties responding to the ruling cited under paragraph (i) of
this
subsection;

(vi
i
)

The legislature is required to
determine
the reassignment of powers and duties under 2013 Wyoming Session Laws, Chapter 1,
necessary
to meet the requirements of the Wyoming Constitution
,
and to provide the most efficient system for delivering a quality education to Wyoming's children;

(
viii
)

The legislature
is committed to receiving
input from educators as well as
public testimony prior to
developing
a
response to the Supreme Court ruling
.

(b)

Based upon the findings specified under subsection (a) of this section
and
in as close conformity as reasonably possible with all constitutional limitations identified by the supreme court in relation to the opinion cited at paragraph (a)(i) of this section
, t
he management council
, together with the cochairmen of the joint appropriations interim committee and the joint education interim committee,
shall undertake a study of the powers and duties assigned
under 2013 Wyoming Session Laws, Chapter 1,

and develop recommendations on the reassignment of powers and duties necessary
to implement public education in Wyoming
in accordance
with
the provisions of paragraph (a)(vii) of this section
.

Recommendations shall
address current statutory accountability and assessment responsibilities
.

The council and the committee cochairmen may delegate hearing and examination of certain topics to one (1) or more joint interim committees of the legislature, to report back to the council for preparation of the recommendations.
Recommendations
, including proposed budgets for related programs and services and
including
enabling legislation
,
shall be developed in sufficient time for submission t
o members of the legislature on or before ninety (90) days after
a final order has been issued by the district court in the case referenced in paragraph (a)(i) of this section and the time for appeal of that order has expired, or if appealed, a final order or mandate of the Wyoming Supreme Court has been issued confirming the district court's final order.

(c)

If

the management council
and the cochairmen of the joint appropriations interim committee and the joint education interim committee,

upon conclusion of the study required under subsection (b) of this section, find
it appropriate to convene a special session of the legislature to consider legislation implementing study recommendations under subsection (b) of this section, the council
together with the committee cochairmen

sha
ll recommend a date for convening the special session to the president of the senate and the speaker of the house of representatives.

(d)

There is appropriated
fifty thousand dollars ($5
0,000.00) from the general fund to the legislative service office for payment of salary, per diem and mileage for members engaged in the study required by this section.

Section 2.

W.S. 21
‑
2
‑
205 is created to read:

21
‑
2
‑
20
5
.

Additional duties of the
state superintendent.

(
a
)

Not later than October 15 each year, the state superintendent shall prepare a report on the general status of all public schools for the legislature. The report shall include the quality of education including any proposed improvement to address any shortfalls, the relevance of education, the measurement of achievement of educational goals, the improvement of learning and any suggested innovations in education.

(
b
)

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

(i)

Adopt rules and regulations, consistent with this title, as may be necessary for the proper and effective general su
pervision of the public schools
;

(ii)

Administer and implement the "teacher of the year program," which shall include an unbiased,
objective process to annually select the individual most deserving of the award and capable of serving on the board under W.S. 21
‑
22
‑
103;

(iii)

By rule and regulation establish requirements for school district policies and training regarding the use of seclusion and restraint in schools as required under W.S. 21
‑
3
‑
110(a)(xxxi). The state superintendent shall review the policy of each district for compliance with the requirements of W.S. 21
‑
3
‑
110(a)(xxxi) and rules and regulations promulgated pursuant to this paragraph. If the state superintendent determines that the policy is not in compliance under this paragraph the superintendent shall direct the board of trustees to revise the policy and shall, upon request, assist the board in the adoption of the policy;

(iv)

To assist local school districts in developing protocols under W.S. 21
‑
3
‑
110(a)(xxxii) and develop model protocols for addressing risks associated with concussions and other head injuries resulting from athletic injuries. No district shall be required to adopt any part of the model protocols;

(v)

In consultation with the department of environmental quality and school districts, establish guidelines for school districts for the proper and safe storage and disposal of toxic chemicals and other hazardous substances used by schools in education programs;

(vi)

Identify professional development needs for Wyoming schools and teachers based upon the analysis of the quality indicators specified under subsection (
a
) of this section, establish a plan to address the professional development needs, contract with necessary expertise to provide professional development to Wyoming certified teachers and conduct up to five (5) regional workshops each year providing the identified professional development needs.

Section 3.

W.S. 21
‑
2
‑
201(b) and (c)
is
repealed.

Section
4
.

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)

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SF0106