Statewide student assessment.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0019

ENROLLED ACT NO. 55,

HOUSE OF REPRESENTATIVES

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to statewide student assessment; modifying the statewide student assessment requirements; requiring administration of the statewide student assessment in specified grades and subjects; requiring the statewide student assessment system to include interim assessments as specified; eliminating the requirement for school districts to administer common benchmark adaptive assessments; clarifying administration of the college entrance examination; replacing the job skills assessment with a career readiness examination as specified; eliminating administration of the college placement assessment; conforming phase I school accountability requirements; conforming phase II effective date; requiring reports; requiring studies; continuing the operation of the select committee on statewide education accountability; continuing the operation of the advisory committee; appropriating funds; and providing for effective dates.

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

Section
1
.

W.S. 21
‑
2
‑
202(a)(xxx),
21
‑
2
‑
204(c)(i), (ii)
(intro),
(A)(I), (II), (iv) and (vii)
, 21
‑
2
‑
304(a)(iv)
,
(v)(B) through (E) and by creating
new
subparagraphs (J) and (K) and 21
‑
3
‑
110(a)(xxiv) and (xxix) 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:

(xxx)

Effective school year
2012
‑
2013
2017
‑
2018
and each school year thereafter, in consultation and coordination with local school districts, by rule and regulation establish a program of administering a
standardized
, curriculum based, achievement
college entrance examination
, computer
‑
adaptive college placement assessment and a job skills assessment test

and a career readiness examination
selected by the state superintendent to all students in the eleventh and twelfth grades throughout the state in accordance with this paragraph. The examinations
and tests
selected by the state superintendent shall be administered throughout the United States and shall be relied upon by institutions of higher education. The college entrance examination shall at a minimum test in the areas of English, reading, writing
,

and
mathematics
and science
for all students in grade eleven (11). The
jobs skills assessment test
career readiness examination
shall be optional for all students in grade eleven (11) or twelve (12)
.

and shall at a minimum test in the areas of applied math, reading for information and locating information.
The state superintendent shall pay all costs associated with administering the college entrance examination
, the computer
‑
adaptive college placement assessment
and the
jobs skills assessment test
career readiness examination
and shall schedule a day
or days
during which examinations shall be provided. The date
or dates
for statewide administration of the college entrance examination in grade eleven (11)
and the career readiness examination
shall be established by the state superintendent in a manner that best meets the needs of students and school districts.
The

computer adaptive college placement assessment shall be optional and all students in grade twelve (12) shall be

provided at least one (1) opportunity to take the assessment during the school year.
The state superintendent may enter into agreements with an administrator of the college entrance examination and the
computer
‑
adaptive college placement assessment and an administrator of the jobs skills assessment test
career readiness examination
and adopt rules as necessary to ensure compliance with any
requirements of an administrator, such as a secure environment.
Waivers may be granted for the examinations and tests required by this paragraph for students with disabilities in accordance with the provisions of the federal No Child Left Behind Act of 2001 and the federal Individuals with Disabilities Education Act.
Alternate assessments and accommodations shall be offered by the state superintendent in accordance with rule and regulation;

21
‑
2
‑
204
.

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

(c)

School level performance shall be determined 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:

(i)

Student longitudinal academic growth in
reading
English language arts
and mathematics as measured by assessments administered under paragraph (ii) of this subsection, beginning in grade four (4);

(ii)

Student academic achievement in
reading

English language arts
, mathematics and science as measured by:

(A)

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

(I)

Reading

English language arts
and mathematics in grades three (3) through
eight (8)

ten (10)
;

(II)

Science in grades four (4)
,

and

eight (8)
and ten (10)
;

(iv)

Readiness, as defined by a standardized
achievement

college entrance examination administered pursuant to W.S. 21
‑
2
‑
202(a)(xxx) in grade eleven (11), together with a readiness indicator defined by a series of student eligibility data reports generated under the Hathaway student scholarship program established by W.S. 21
‑
16
‑
1301 through 21
‑
16
‑
1310, with school level results aggregated according to a procedure in which values and weights determined by a deliberate method are tied to specified definitions of post secondary readiness;

(vii)

Equity as defined by a measure of academic student growth for nonproficient students in
reading
English language arts
and mathematics, subject to a standard for academic progress that is linked to attainment of proficiency within a reasonable period of time. If a school is without a sufficient sequence of assessment scores to support growth computations, another approach to equity may be used subject to approval of the state superintendent.

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,
I
n consultation with local school districts,
establish

requirements for students to earn a high school diploma as evidenced by course completion and 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). Once every five (5) years and on a staggered basis, the state board shall through the department, review and approve each district's assessment system designed to determine the various levels of student performance as aligned with the uniform state standards and the attainment of high school graduation requirements as evidenced by course completion. In addition and following review, refinement and revision of student content and performance standards adopted under paragraph (a)(iii) of this section and reviewed under subsection (c) of this section, the board shall establish a process to ensure district assessment systems are aligned with the refined and revised standards within three (3) full school years following adoption of revised standards;

(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:

(B)

Effective school year
2012
‑
2013

2017
‑
2018
, and each school year thereafter, be administered in specified grades aligned to the student content and performance standards, specifically assessing student performance in
reading

English language arts
and mathematics
at
in

grades three (3) through
eight (8)

ten (10)
. In addition, the statewide assessment system shall assess student performance in science in grades four (4)
,

and

eight (8)

and ten (10)
;

(C)

In addition to subparagraph (a)(v)(B) of this section
,
M
easure student performance in Wyoming on a comparative basis with student performance
nationally

in other states
;

(D)

Measure year
‑
to
‑
year changes in student performance and progress in the subjects specified under subparagraph (a)(v)(B) of this section and by school year
2015
‑
2016

2018
‑
2019
, link student performance and progress to school and district leaders, including superintendents, principals and other district or school leaders serving in a similar capacity. The assessment system shall ensure the student performance measurements used at each grade level are valid for the purposes for which they are being used, including valid year
‑
to
‑
year comparisons of student and school level results, and shall be sufficient to produce necessary data to enable application of measures of performance indicators as required under W.S. 21
‑
2
‑
204;

(E)

Use only multiple choice items to ensure

alignment

Include interim assessments aligned

to the statewide content and performance standards

and the
statewide summative assessment
. The interim assessments required by this subparagraph shall be optional for
school
districts to administer
as a part of the district assessment system
.
T
he state board shall ensure results
from the optional interim assessments are provided to school districts
as soon as possible
after completion
of an interim assessment. A
ll item types used on the statewide student summative assessment shall be included in interim assessments
to the extent practical within the reporting timeline
;

(J)

Require no more than one percent (1%) of the total pupil
‑
teacher contact time
, as
defined by the state board for each school year
,

for student participation in a nonaccommodated administration of the statewide summative assessment
. The statewide summative assessment shall be administered as late as p
ractical
in the instructional year

and

shall be administered to allow for the
return
of
results in sufficient time for schools and districts to utilize
the results
for improvement strategies
. T
o the extent possible,
the statewide sum
mative assessment
shall
be administered utilizing
an on
line

platform
;

(K)

Include
a reporting system utilizing
best practices
to ensure useful, high quality and transparent reports
to support
improvement strategies
.

21
‑
3
‑
110
.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xxiv)

Establish
Adopt

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)(vi), 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 in all content areas of the uniform student content and performance standards relative to the common core of knowledge and skills prescribed under W.S. 21
‑
9
‑
101(b). The district shall report to the state board in accordance with W.S. 21
‑
2
‑
304(a)(iv) on its assessment system
established
adopted
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);

(xxix)

Beginning in school year
2012
‑
2013

2017
‑
2018
, and each school year thereafter, administer a program where all students enrolled in the eleventh and twelfth grades

in the district shall be required to take

or be provided the opportunity to take, on a date
or dates

specified by the state superintendent, a standardized
,
curriculum based, achievement
college entrance examination
, a computer
‑
adaptive college placement assessment or for students enrolled in eleventh or twelfth grade, a jobs skills assessment test

or a career readiness examination
in accordance with W.S. 21
‑
2
‑
202(a)(xxx). Each school district shall provide the opportunity for all home school and private school students in the eleventh and twelfth grades

and residing within the district to take the examinations

or for students in the eleventh or twelfth grade, the jobs skills assessment test,
at no cost to the student on the same date

or dates
administered to all eleventh and twelfth grade public school students in the state. The results of the examinations
or jobs skills assessment test taken
may be included in each student's transcript;

Section 2
.

W.S. 21
‑
2
‑
204(c)
(iii)
is
repealed.

Section 3.

(a)

Notwithstanding any other provision of law, the select committee on statewide education accountability as created by 2011 Wyoming Session Laws, Chapter 184, Section 4 shall continue through December 31, 2018, as necessary to carry out duties associated with the Wyoming Education in Accountability Act and this act. The chairman of the senate education committee and the chairman of the house education committee shall continue to serve as cochairmen of the select committee. Members of the select committee shall be appointed as provided by 2011 Wyoming Session Laws, Chapter 184, Section 4(b) to serve on the select committee through December 31, 2018. Select committee members shall receive compensation, per diem and travel expense reimbursement in the manner and amount prescribed under W.S. 28
‑
5
‑
101. Payment shall be from amounts appropriated under section
6(b) of this act. The appointing authority for any member who vacates membership shall fill the vacancy.

(
b
)

Notwithstanding 2015 Wyoming Sessio
n Laws, Chapter 179, Section 4(b
), the advisory committee shall continue to
exist and shall
assist the
select committee on statewide education accountability

as the
select
committee deems necessary through December 31, 2016. The members appointed under 2011 Wyoming Session Laws, Chapter 184, Section 4(d), as amended by 2013 Wyoming Session Laws, Chapter 195, Section 3, shall continue to serve on the advisory committee. The appointing authority for any member who vacates membership shall fill the vacancy. Any member appointed or serving on the advisory committee wh
o
is not an employee of a
governmental subdivision or a member of a
political subdivision, board or commission shall receive per diem and travel expenses in the manner and amount provided to state employees under W.S.

9
‑
3
‑
103.
Payment shall be from amounts appropriated under section 6(b) of this act.

(
c
)

The legislative service office shall staff the
advisory committee.
The department of education and other state agencies shall provide information and other assistance as requested by the
select

committee
on statewide education accountability
or the advisory committee
. The legislative service office may retain consultants as necessary to staff and advise the
select
committee in executing the
responsibilities prescribed by this act.
Prior to the legislative service office contracting with any consultant to assist the
select committee on statewide education accountability
, a vote of the
select
committee members shall be taken.
The management council may expend funds appropriated by the legislature for approved contractual agreements between the council and
professional consultants on behalf of the
select committee on statewide education accountability
.

Section 4.

(a)

The
state board of education, through the state superintendent,
shall commence development of a statewide student assessment system meeting the minimum requirements of W.S. 21
‑
2
‑
304(a)(v)
,
as ame
nded by s
ection 1 of this act
,
and any applicable federal law in sufficient time for administration
during the 2017
‑
2018 school year
.

(b)

In drafting a request for proposal (RFP) to commence development and implementation
of
a statewide student assessment system
,

as required by subsection (a) of this section
, t
o the extent practical,
the state board of education, through the state superintendent, shall
utilize the recommendations contained in
the

report submitted by
the Wyoming assessment task force
to the select committee on statewide education accountability
dated October 15, 2015
,
pursuant to

2015 Wyoming Session Laws, Chapter 179, Section 6
.

(c)

At least thirty (30) days prior to issuing a
RFP
to commence development and implementation
of
a statewide student assessment system
required by subsection (a) of this section,
the
state board
shall submit the proposed RFP to the
select committee on statewide education accountability
.

(d)

Notwithstanding any other pr
ovision of law, for school year
2016
‑
2
017 only, the administration of the statewide student assessment for grades
nine (
9
)
and
ten (
10
)
required under W.S. 21
‑
2
‑
204 and 21
‑
2
‑
304(a)(v) shall include the ability to utilize constructed response items.

Section 5
.

(a)

The state board of education, through the state superintendent, shall convene
committees
of
assessment
specialists
,
including district personnel,
as necessary,
to review the recommendations contained in the report
submitted by the assessment task force
pursuant to
2015 W
yoming Session L
aws,
Chapter
179,
S
ection 6
.

(b)

The committees shall determine the appropri
ate application or modification
of the recommendations contained in the report
regarding
specialty assessment
s, including but not limited to
alternative assessment
s
for students with

significant cognitive disabilities, English language proficiency assessments, early literacy assessments
,
career technical
and kindergarten through grade two (2)
education assessments.

(c)

Not later than September 30, 2016, the state board shall report any recommendations related

to the specialty assessment
s
, together with any recommended statutory revisions
,
to the
select committee on statewide education accountability
.

(d)

The
select committee on statewide education accountability

shall report findings and recommendations to the legislature for consideration during the 2017 general session, including
any
necessary enabling legislation.

Section
6
.

(a)

For the period beginning upon the effective date of this
section and ending June 30, 2017
,
ten
thousand
dollars ($10
,000.00) is appropriated from the school
foundation program account to the state board of education to provide support and administration of the specialty assessment com
mittees required under Section 5
of this act. This appropriation may be expended for per diem and other expenses of the committees. Any me
mber appointed or serving on a committee

who
is not an employee of a governmental subdivision or a member of a political subdivision, board or commission shall receive per diem and travel expenses in the manner and amount provided to state employees under W.S. 9
‑
3
‑
103. Notwithstanding any other prov
ision of law, the appropriation
under this subsection shall not be transferred or expended for any purpose other than specified in this subsection. Any unexpended, unobligated funds r
emaining from the appropriation
under this
sub
section shall revert as
provided by law on June 30, 2017
. No
t later than December 31, 2016
, the state board shall report expenditures of amounts appropriated under this subsection to the
select committee on statewide education accountability
.

(b)

For the period beginning upon the effective date of this act and ending June 30, 2018, seventy thousand dollars ($70,000.00) is appropriated from the school foundation program account to the legislative service office for necessary expenses of the select committee and the advisory committee as continued under section 3 of this act, as necessary to carry out duties associated with the Wyoming Education in Accountability Act and this act.

Section 7
.

(a)

Except as provided
by
subsection
s
(b)
and (c)
of this section,
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
.

(b)

Section 1
and S
ection 2
of this act are
effective July 1, 2017.

(c)

In the event the provisions within 2016 SF0032, as introduced, to continue the operation of the select committee on statewide education accountability fail to be enacted, Section 3(a) and Section 6(b) of this act are 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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1