State education accountability and assessment-2.

2015
STATE OF WYOMING
15LSO-0393
Numbered
2.1

SENATE FILE

NO.

SF0110

State education accountability and assessment-2.

Sponsored by:
Senator(s) Rothfuss, Anderson, J.D. (SD02), Coe, Hicks, Landen, Peterson and Wasserburger and Representative(s) Freeman, Harshman, Jaggi, Northrup, Paxton, Sommers and Throne

A BILL

for

AN ACT relating to statewide assessment and accountability; providing for phase I school accountability implementation and refinement; modifying the statewide education assessment; modifying district assessment systems; imposing reporting requirements; providing an appropriation; and providing for an effective date.

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

Section 1
.

W.S. 21
‑
2
‑
204
(c
)
(
intro)
,
(ii)
(intro)
,
(A) and (d)
(intro) and
21
‑
2
‑
304(a)(
iv)
(intro)
and (v)(B)
are amended
to read
:

21
‑
2
‑
204
.

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

(c)

Beginning school year 2016
‑
2017
s
chool level performance shall be determined
biennially

by measurement of performance indicators and attainment of student performance as specified by this section. To the extent applicable, each measure shall be aggregated to the school level based upon those grades served inclusive to each school as reported by the respective school district to the department of education. The indicators of school level performance shall be:

(ii)

Student academic achievement in reading, mathematics
,

and

science
and writing and language
as measured by:

(A)

The statewide assessment administered under W.S. 21
‑
2
‑
304(
a)(v) in
:

grades three (3
),
five (5), seven (7) and nine (9
);

(d)

Beginning in school year
2013
‑
2014
2016
‑
2017
,
and each school year thereafter,
the department of education
shall
biennially

compute and report an overall school performance rating measured by
aggregating

student performance
for two (2
) consecutive years

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:

21
‑
2
‑
304
.

Duties of the state board of education.

(a)

The state board of education shall:

(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 rules and regulations shall include reasonable
restrictions on the aggregate time required for administration of any school district assessments utilized to demonstrate compliance with this paragraph.

Any school district assessment administered in excess of the limitations prescribed by
rule and regulation of
the board shall not be considered
in determining
compliance with any minimum school day
or pupil

teacher contact time
requirements, including but not limited to
the
requirements
of
W.S.
21
‑
2
‑
304(b)(viii) and
21
‑
13
‑
307(a)(ii).

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 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:

(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:

(B)

Effective school year
2012
‑
2013
2015
‑
2016
, and each school year thereafter, be administered in specified grades aligned to the student content and performance standards, specifically assessing student
performance in reading
,

and

mathematics
and science

at grades
three (3) through eight (8). In addition, the statewide assessment system shall assess student performance in science in grades four (4) and eight (8). As a component of the statewide assessment system but separately administered, the statewide writing and language assessment shall be a valid, reliable and robust measure of student writing and language according to the writing and language content and performance standards promulgated under paragraph (iii) of this subsection implementing the common core of knowledge and skills as required by W.S. 21
‑
9
‑
101, and shall allow for monitoring and evaluation of annual trends in student and school level writing and language performance. Effective school year 2013
‑
2014 and each school year thereafter, the statewide writing and language assessment shall be administered to grades three (3), five (5) and seven (7). The structure and design of the assessment system shall allow for the comprehensive measurement of student performance through assessments that are administered each school year simultaneously on a statewide basis, with the writing and language assessment administered separately statewide

three (3
),
five (5), seven (7) and nine (9
)
;

Section
2
.

W.S. 21
‑
2
‑
204(c
)(
ii)(A)
(I) through
(III)
and (iii)
and
21
‑
2
‑
304(a)(v)(E)
are
repealed.

Section 3
.

(a)

F
or school year 2015
‑
2016
only
,
the statewide student performance assessment required under W.S. 21
‑
2
‑
304(a)(v), as amended by sections 1 and 2 of this act, shall be administered in grades
three (3),
f
ive (5), seven (7) and nine (9
) and shall consist of
a single standards
‑
based assessment to assess English, math, reading, science and writing
. The assessment shall include
multiple choice, constructed respons
e and technology

enhanced items and
shall be administered
online using state
‑
of
‑
the
‑
art technology
with the option to assess by
paper and pencil
.

(
b
)

F
or school year 2016
‑
2017 and each school year thereafter, the state board of education shall determine the appropriate assessment or assessments that best serve the state’s educational interests and that are necessary to comply with all state and federal laws. Not later than
October 1, 2015, the state board shall report to the
select committee on statewide accountability and the joint education interim committee
on the status of the statewide
student
assessment and the future plans for the statewide student assessment required under W.S. 21
‑
2
‑
304(a)
(
v) as amended by section
s
1
and 2
of this act.

(c)

T
he state board with assistance from the state superintendent shall immediately apply
to
the United States department of education
for a waiver of the federal
No Child Left
Behind
Act of 2001
to allow for the administration of the
statewide student assessment
for school year 2015
‑
2016
as required under subsection (a) of this section
. The state superintendent shall report each month to the
select committee on statewide accountability and the joint education interim committee
on the status of this waiver
and
n
ot later than August 15, 2015, the state board shall report to
the select committee on statewide accountability and the joint education interim committee
on any action taken under this subsection
and any additional waivers that
may be necessary to administer
this act.

Section 4
.

(a)

Notwithstanding any other provision of law,

beginning school year 2015
‑
2016 and each year thereafter
,
the
department of education shall cease collection of data from school districts by student
name
.
Student specific data reported to the

department of education by school districts shall reference the student through an anonymized value using a one way encryption mechanism to prevent the disclosure of the student's named identity
. The department of education shall in no event collect the names of any students for any data purpose or verification.

(b)

N
ot later than May 1, 2015, the department of education in coordination with the state chief information officer shall identify an appropriate means to collect student data in accordance with the requirements of subsection (a) of this sectio
n and not later than May 15, 2015, shall inform all Wyoming school districts of the chosen method and necessary policies and procedures required for collection of student data.

Section
5
.

There is appropriated five hundred thousand dollars ($500,000.00) from the school foundation
program account fund to the attorney general. This appropriation shall be for the period beginning
July 1, 2015
and ending June 30, 2016. This appropriation shall only be expended for the purpose of defending or taking action before any state or federal court or administrative agency to
challenge
the enforcement of any order or action to withhold funds related to the
state’s
noncompliance with the requirements of the federal No Child Left Behind Act of 2001
as a result of
actions required unde
r
this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2016. This appropriation shall not be included in the attorney general’s 2017
‑
2018 standard biennial budget request. The attorney general shall report expenditures of amounts appropriated under this subsection to the
select committee on statewide accountability and the joint education interim committee
initially on or before
October
1, 2015 and periodically thereafter until the amount appropriated is expended or the expenditure authority expires, which
ever
first occurs.

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
SF0110