M I N U T E S

Joint Education Interim Committee

School District Office Board Room             September 23 & 24, 2002

222 E. 4^th Avenue                                       Afton, Wyoming

Afton, Wyoming

PRESENT:   Senator Irene Devin, Cochairman;

Senators Keith Goodenough, Robert Peck, Charles K. Scott and Kathryn Sessions;

Representatives Tom Lockhart, Del McOmie, David Miller, Ann Robinson, Doug Samuelson, Jim “Bubba” Shivler;

Absent Members:   Representatives McGraw, Simons, and Bill Stafford, Cochairman

Other Legislators in Attendance: Senator Grant Larson & Representative Randall Luthi

           Legislative Service Office: Mary Byrnes, Dave Nelson, & D. Jason Raymond.

Others Present: See attached Appendix A and J.

AGENDA:    Please see attached Appendix B.

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Monday, September 23, 2002

Senator Irene Devin, Interim Committee Cochairman, called the Committee to order at 1:00 p.m. on September 23, 2002.

NOTE:  Please reference the transcripts for all motions and verbatim discussion of all education issues referenced herein.  The transcripts are on file with the Legislative Service Office under Appendix D attached to this report.

Staff Briefing

Mr. Nelson updated the JEC on progress of all the 2002 interim studies (see Appendix C), including the classified staff adjustment for experience and responsibility within the compensation component of the block grant where the State Department has been working with MAP and will be ready to report to JEC at the October or November meeting.  On the staff compensation study, the contract of the expert doing the study has been revised as JEC directed in its June meeting. A single comment was received, submitted by the Wyoming Education Association, and was passed out to the JEC (see Appendix E). Mr. Nelson also provided an update on the progress of the Data Facilitation Forum, particularly on student tracking data. Senators Scott and Session, who are part of the facilitation, informally provided their thoughts on the current state of the facilitation.

St. Stephens School Assistance Proposal

Louis Headley, the Superintendent of St. Stephens, and Travis Sweeney, St. Stephens’s business manager, testified about the school’s need for additional funds.  St. Stephens receives a grant from the Bureau of Indian Affairs that amounts to $3,730.00 per student (see Appendix F), and would like the state to provide them additional funds.  Senator Peck provided background on past state efforts to help the school, including contracting with the school to provide educational services.  Mr. Headley testified that St. Stephens is no longer a religious school, and has 155 students in grades K-8 and 80 students in grades 9-12.  He provided details on the types of courses offered by the school, the strong alumni support, and the tradition of independence from the state public school system.

JEC discussed possible constitutional issues raised by providing funds to St. Stephens and reviewed an AG opinion given to Representative Harry Tipton (see Appendix G).  Mary Kay Hill of the Wyoming State Department of Education testified that though the Department desires to help St. Stephens, it is concerned about state and federal limitations that could preclude direct assistance from the State Department.  The issue of whether St. Stephens should be considered a public or private school was discussed.  JEC discussed several possible methods of providing assistance, and requested that staff provide information on how Bureau of Indian Affairs schools in other states work with their respective state governments.  It was agreed that Fremont county legislators, representatives from St. Stephens, and the State Department of Education form a working group to continue these discussions, and possibly report back to JEC.

Regional Cost Adjustment Study Update

Justin Ballard, Division of Economic Analysis, and Professor Rob Godby, University of Wyoming, testified about Professor Godby’s study of the Wyoming Cost of Living Index (WCLI) and its use in the Regional Cost Adjustment.  Professor Godby told JEC that he is examining the WCLI to see if it can be adjusted to accurately work in the Regional Cost Adjustment or if another completely different approach is needed to be more accurate.  JEC members asked the Professor about the effect Jackson and other areas in the state with a higher cost of living have on the WCLI.  The Professor said the goal of his study is to find out the actual cost of living as accurately as possible.  Mr. Ballard discussed the history of the WCLI and provided technical details about how the WCLI is currently calculated, and the flaws inherent in it and in the federal cost of living.

Special Education Study Update

Dr. Annette Bohling and Mary Kay Hill updated JEC on the progress being made on the special education study being done by the American Institute of Research (AIR).  The preliminary findings show that the current 100% reimbursement method being temporarily used does not appear to be increasing special education costs, though there are some variations within the school districts.  The final report will include methods to guarantee special education services, provide guidelines for “adequate” services, and have a checks and balances system to decrease the variation of proffered services among the districts.  The study is also looking at the problem of providing adequate services at remote locations.  AIR will also provide recommendations for better special education training, sanctions for districts that do not provide adequate special education services, and an emergency fund to compensate districts that have a dramatic increase in special education needs.  AIR and the State Department will provide a final report to JEC at its October meeting in Laramie.

Robert McKim, the director of special education at Lincoln County School District #2, spoke against having statewide adequacy standards for special education and told JEC that the current monitoring being done by the State Department is sufficient to prevent abuse of special education funds.

Update On Federal No Child Left Behind Requirements

Scott Marion, Director of Assessment and Accountability, State Department, updated the JEC on the State Department’s efforts to develop standards in compliance with No Child Left Behind (see Appendix H).  He described a meeting with 250 educators, parents, and business managers in July that examined current standards, and how initial drafting of the new standards came out of that process.  He described the assessment design process and the public meetings held and scheduled through October where local educators can have input on the type of assessment process being put in place.  He distinguished assessments, tests of children’s learning like the current WYCAS, from accountability where action is taken when the assessments are disappointing.

Dr. Marion explained to JEC that the single largest change in accountability under No Child Left Behind is that the accountability system must be the same for all schools.  Currently Title 1 schools have a different accountability system than all other Wyoming schools.  Also the new accountability system will have to be based on each school hitting specified goals rather than the current system that merely requires that a school show improvement.   Under the new system, failure to meet a specific goal should result in sanctions.  JEC discussed how the new system would impact local decision-making and the ability of schools to control their curricula.  Dr. Marion’s presentation was suspended to be resumed the next morning.

The Committee was adjourned at 5:00 pm.

Tuesday, September 24, 2002

Senator Irene Devin, Interim Committee Cochairman, called the Committee to order at 8:15am on September 24, 2002.

Update On Federal No Child Left Behind Requirements Continued

Scott Marion, Director of Assessment and Accountability, State Department, resumed his presentation and explained annual yearly progress (AYP).  AYP really measures a school’s yearly status in meeting No Child Left Behind’s (NCLB) requirements rather than trends developed over several years.  While schools have annual objectives, the core goals it must meet or exceed for its accountability is determined over a minimum three year period.  Unlike the previous federal law, schools must be above their objective in all subject areas, and get no compensation for being far above targets in one or two areas.

Dr. Marion reviewed where Wyoming schools would start in the effort to meet NCLB objectives.  He discussed the ability to measure subgroups that would result in initially lower scores and an easier ability to meet the initial set of standards.  However, over time NCLB requires that all children reach the same proficiency rates, and that would result in the subgroup having to make a steeper climb to reach the final goals.

Dr. Marion then discussed the issue of minimum group size.  He explained that the State could define a group, by which all results would be measured, as small as three or as large as thirty students.  However an extremely small group definition would make it hard to meet the AYP goals, while an extremely large group would be unfair to small schools.  A minimum group size of 30 would be a poor fit for Wyoming regardless, as 25% of current schools have less than 20 students enrolled in 4^th grade.

Dr. Marion then explained the concept of standard error and how it would make the assessment scores more accurate so that school would not be sanctioned when in fact it might be meeting its AYP targets.  Dr. Marion distributed calculators to JEC, and performed a series of problems to demonstrate how standard error would work.  He explained that the use of standard error is being considered by the United States Department of Education and its use may be approved by them shortly.  The goal is that by using a standard error formula, small schools could be held accountable reliably.

Dr. Marion plans to have recommendations by the November JEC meeting and will then outline the proposed transition to the new NCLB-mandated system.  The plan is to use WYCAS until the 2003-2004 school year when a pilot year is started.  From the pilot results, standards will be set for the next school year.  In this manner, children can get use to yearly tests.  Dr. Marion then reviewed the current Title 1 sanctions that can be imposed on schools without state legislation.

JEC discussed assessment problems of cognitively disabled students, possible methods to ensure that children have some reason to desire good assessment scores, and the level of funding being offered for following the NCLB requirements.  After discussion, Representative Lockhart moved that LSO draft a bill that would make the necessary changes to the assessment statutes that would bring those statutes in compliance with NCLB.  Senator Scott seconded, and the motion was passed.

Dr. Marion and Mary Kay Hill from the State Department requested JEC authorize the beginning of a design process for the rewards and sanction requirements of NCLB.  JEC discussed whether the State Board of Education or the State Department should be authorized to begin the design process for rewards and sanctions, and ensure they are the same for all schools.  Representative McOmie moved that LSO draft a bill that the State Department have the responsibility for designing the system and authorize the funds to get the public involved.  Representative Lockhart seconded the motion.  After discussion about the involvement of other parties in the design process, JEC amended the motion so that the bill draft includes a provision allowing “the input of appropriate and interested parties”.  The motion passed.

Vocational Education Study Update

Terry Wigert, Director, Vocational Technical Education, Wyoming State Department of Education, introduced the MPR team, who is conducting the vocational education study.  She and Clayton Illian explained to JEC how the Wyoming Vocational Education Urgency Grants were conducted by the JEC and which districts received grants (see Appendix J).

Gary Hokelander, President of MPR, introduced his staff to JEC and briefed JEC on their preliminary findings (see Appendix K).  The final report will be completed by November 1, 2002, and presented to JEC at its November meeting.  The preliminary findings were presented by Dr. Steve Klein, who is conducting the study.  Dr. Klein reviewed the components of the study, MPR’s efforts to work with an advisory panel, the effort to fit vocational education into the MAP block grant model, and the amount currently used for the vocational education component in the MAP block grant model.  MPR findings indicated current funding levels contained within the MAP model in large part support vocational education programs.

The study put together a five-step model to formulate a vocational education (voc ed.) adjustment to MAP.  The first step looks at student participation and defines what types of classes are voc ed.  The second step calculates class size.  The third step calculates the costs to school districts for equipment and supplies.  The fourth step deals with cost efficiency concerns.  The last step involved applying the first four steps and looking at “scenarios”.  Dr. Klein said that start-up costs for voc ed. programs should be separate from the block grant.

Having run the model, MPR plans to present to JEC three cost adjustment options: #1 with no funding level changes, just alterations to the distributions; #2  an option with a hold harmless provision for schools; and #3 with would involved increased funding needed to address class size and equipment.

Bill Drafting Instructions – School Finance Facilitation

Senator Scott discussed his proposed bill drafting instructions for a facilitation of all outstanding issues related to school finance (see Appendix L) and how it had its roots in the success of previous facilitation processes.   The goal would be to redo the current school finance system by a negotiated agreement.  JEC discussed the proposed instructions, the complexities of the current finance system, and the potential for success of a negotiated agreement.  Senator Sessions proposed that a letter be sent by JEC to all school districts to assess their interest in a facilitation process.  If the school districts show interest, instructions can be drafted that would further define the facilitation process.  Senator Sessions and Senator Scott will further develop bill drafting instructions to be presented to JEC at its October meeting.

BOCES report presentation

Lon Hoffman, Merrell Nelson, Les Bishop, and Alan Burke gave a brief history of the Fremont County Board of Cooperative Educational Services (BOCES)(see Appendix M) and how it ensures high-quality education by pooling resources between different districts to offer classes that the individual districts could not afford to do on their own.  Because of economies of scales, the schools involved can offer a series of vocational education classes at lower costs.  The presenters requested that JEC consider authorizing a pilot program to expand BOCES across the state.  Terry Wigert detailed how the State Department has been working with BOCES.

Meeting adjourned at 1:30pm

Respectfully submitted,

____________________________         _________________________________

Senator Irene Devin,                 Representative Bill Stafford,

Committee CoChair                    Committee CoChair