M I N U T E S

Joint Education Interim Committee

Conference Room #150November 20 and 21, 2002

U.W. Outreach Center   Casper, Wyoming

PRESENT:      Senator Irene Devin and Representative Bill Stafford, Cochairmen;

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

Representatives Tom Lockhart, Del McOmie, Ann Robinson, Doug Samuelson (November 20) and Jim “Bubba” Shivler;

Absent Members:  Senator Kathy Sessions and Representatives Mac McGraw, David Miller and Marlene Simons.

Other Legislators in Attendance: Representatives-Elect Kurt Bucholz, Mary Gilmore and Steve Harshman.

Legislative Service Office: Dave Nelson and Mary Byrnes.

Others Present:  See attached Appendix A.

AGENDA:            See attached Appendix B.

NOTE:             Copies of all draft legislation referenced within this report are on file with the Legislative Service Office.

*  *  *  *  *

Wednesday, November 20, 2002

Representative Bill Stafford, Committee Cochairman, called the Committee to order at 8:35 a.m.

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 C attached to this report.

Approval of Minutes

Senator Peck moved Committee approval of the minutes of the June 18 and 19, 2002, meeting.  Representative McOmie seconded the motion and the motion carried.

Representative McOmie moved Committee approval of the September 23 and 24, 2002, minutes.  Representative Lockhart seconded the motion and the motion carried.

Senator Peck moved approval of the minutes of the October 23, 24 and 25, 2002, Committee meeting.  Representative Shivler seconded the motion and the motion carried.

Special Education Study

The study of special education expenditures and funding was conducted pursuant to law (2002 Laws, Chapter 76, Section 9).  Rebecca Walk, State Department, and Dr. Thomas B. Parrish, American Institute for Research, reviewed study recommendations resulting from data collection efforts and subsequent findings, as discussed at the October meeting.  A copy of the final report is on file with the Legislative Service Office.

Modifications to report findings since the October meeting were discussed and are identified in attached Appendix D.  Following an overview of study findings and recommendations, Dr. Parrish referenced optional funding methods for special education, and submitted to Committee members the study recommendation calling for a cost-based funding model based upon resource guidelines developed within the study, together with a state contingency fund available to districts for exceptional circumstances.  Further, the report recommends state emphasis on regionalized special education services.  Study recommendations are described in briefing paper #2 under option #3, as attached within Appendix E.

Individuals present and presenting comments to the Committee on study findings and recommendations, and generally speaking in favor of the funding option providing reimbursement of actual expenditures subject to state guidelines (report option #2) included Eldon Anderson, Wyoming Association of Special Education Administrators, Mike Kouris, Fremont #25, Ramona Gazewood, Laramie #1, Elaine Scott, Natrona #1, Glenna Calmes, Uinta #1, Terea Stabb, Big Horn #1, Al Atkins, Laramie #1, Ed Goetz, Albany #1, and Linda Baumgardner, WIND Family Support Network.  Del Curry, Natrona #1 special education director, spoke on district turnover of special education students.  Written remarks presented by Mr. Anderson are attached under Appendix F.

CoChair Devin moved the Committee request staff prepare legislation and accompanying fiscal information implementing option #3 as presented in the report.  Senator Scott seconded the motion and the motion carried.

Representative McOmie moved the Committee also request staff prepare legislation implementing option #2 as contained in the report briefing paper #1.  Senator Scott seconded the motion and the motion carried.

Regional Cost of Living Study

Dr. Robert Godby, University of Wyoming Department of Economics and Finance, presented findings and recommendations contained within the final study report on the regional cost of living adjustment under the cost-based model, and the Wyoming Cost of Living Index (WCLI), conducted in accordance with 2002 Laws, Chapter 76, Section 13.  The final report is on file with the Legislative Service Office, and a summary of the report was distributed and is attached at Appendix G.

In regard to the WCLI, Dr. Godby recommends the index be improved by:

·         Including Afton, Wyoming, as a sample site;

·         Conducting a consumer expenditure survey to ensure the index is tracking expenditure patterns; and

·         Improving procedures for the collection of price data, particularly for housing and automobile prices.

The report also recommends the use of an interim adjustment mechanism for improving the estimation of regional cost differences, which is based upon both cost of goods and amenities offered.  The recommendation limits application of the proposed index for a one year period, during which time additional analysis can be given to cost differences.  Gary McDowell, WEA, Charles Head, Albany #1, and Mark Higdon, Campbell #1, provided comments on report recommendations.

Senator Scott moved the interim adjustment mechanism recommended within the report be implemented for school year 2003-2004 only, subject to a hold harmless provision.  Representative Shivler seconded the motion and the motion carried.

Senator Scott also moved the Committee request staff prepare legislation authorizing and funding recommended improvements to the WCLI.  CoChair Stafford seconded the motion and the motion carried.

Vocational Education Study

Teri Wigert, State Department, and Steven Klein, MPR, addressed Committee members on recommendations contained within the vocational education study conducted pursuant to law (2002 Laws, Chapter 76, Section 4).  Study efforts and findings were presented at the September and October Committee meetings.  A copy of the final study report is on file with the Legislative Service Office.

Since the October meeting, MPR received additional information from districts which had not earlier reported data.  Report weighting and adjustment mechanisms were appropriately modified to reflect the additional data, which is documented in attached Appendix H.  Dr. Klein summarized report recommendations which call for a cost-based adjustment for vocational education based upon student participation subject to a minimum program quality standard, an adjustment for vocational equipment and a competitive grant for vocational education program start-up costs separate from block grant funding.  Report recommendations also require annual district reports on vocational education expenditures.  Mark Higdon, Campbell #1, presented comments on report recommendations.

03LSO-0238.W5, "School finance-vocational education."

Senator Scott moved Committee approval of 03LSO-0238.W5.  Representative McOmie seconded the motion.  CoChair Devin announced the measure may be combined with other school finance legislation, as determined by the CoChairs.

Senator Scott moved 03LSO-0240.W2 be amended into 03LSO-0238.W5, as necessary to implement the intent of 03LSO-0240.W2.  Cost estimates of 0238.W5 and 0240.W2 were presented and discussed, a copy of which is attached at Appendix J.  Senator Goodenough seconded the motion and the motion failed.

Representative McOmie moved the following amendment:

Page 11-lines 14 through 16                Delete.

Senator Scott seconded the motion and the motion carried.

The motion of Senator Scott, as amended, passed by a vote of five to four.  (Roll call vote attached at Appendix K.)

03LSO-0239.W3, "School finance-vocational education-2."

CoChair Stafford moved the Committee approve 03LSO-0239.W3.  The draft imposes administrative duties and responsibilities for implementation of the vocational education adjustment, and provides resources for this effort, as recommended by the vocational education study.  Senator Peck seconded the motion, and the motion passed unanimously. (Roll call vote attached at Appendix M.)

Reading Assessment and Intervention Modeling Update

Dr. Jim Smith, MAP, reported progress on efforts to provide for cost-based funding of reading assessment and intervention programs, as directed by 2002 Laws, Chapter 76, Section 7.  Issues for future Committee action currently appear to center around the necessity of a minimum amount necessary to allow for provision of reading programs in small schools, and the necessity of continuing district reporting requirements currently prescribed by law during any funding conversion process.  Dr. Smith also suggested Committee members consider the necessity of conducting a study on the effectiveness of reading programs.  Due to the fact the reading program is funded through the current biennium, Committee discussion concluded the study will likely continue into the next interim.

Hold Harmless Provisions

Dr. Smith requested the Committee consider the provision of one hold harmless feature, to be applied after all model adjustments have been computed.  The request is presented in light of the complexity and complications created by infusing multiple hold harmless features within model computations.

Recess.

CoChair Devin recessed the Committee at 5:45 p.m.

Thursday, November 21, 2002

Senator Devin reconvened the Committee at 8:45 a.m.

School Data Facilitation Proposals

Steven King, State Department, and Mark Mathern, Standards & Body of Evidence Tracking Advisory Group (SBET), summarized findings and recommendations forwarded by the School Data Facilitation Forum, as earlier presented to Committee members at the October meeting.  Statewide capability for the tracking of student performance and graduation standards compliance is one recommendation forwarded by the data facilitation group, which involves use of the SBET advisory group in assembling software requirements.  Mr. Mathern emphasized the SBET group determined it most effective and efficient to purchase system software as opposed to the state designing and building a state system. The proposal is estimated to cost $6.175 million which includes district hardware and training costs.  Gary McDowell, WEA, expressed support for the proposed information system.  Annette Bohling and Scott Marion, State Department, explained the relationship of student performance and body of evidence data to state graduation requirements, and the responsibility for tracking body of evidence information.  Materials distributed by Mr. Mathern to Committee members are attached at Appendix N.

Steven King discussed the remaining recommendations forwarded by the data facilitation group, which consisted of a common labeling system for state education data and the establishment of advisory groups to assist state department efforts in assembling and reporting education data.  The School Interoperability Framework (SIF) system provides the state capability to develop common data labeling procedures, allowing one data entry point for districts and data sharing with the department.  The framework would essentially provide a statewide education data system capable of assembling and reporting education data.  A summary of remarks is attached at Appendix O.

03LSO-0192.W2, "Student performance data system."

Senator Scott moved Committee approval of 03LSO-0192.W2.  CoChair Devin again emphasized Committee legislation may be consolidated for purposes of introduction in the legislative session.  Representative McOmie seconded the motion of Senator Scott.

Senator Scott moved the following amendment:

Page 2-line 12               Delete "and" insert ",".

Page 2-line 13               Before "," insert "and is approved by the SBET advisory group".

Representative McOmie seconded the motion and the motion carried.

Senator Scott moved adoption of the following amendment:

Page 3-line 3                 Delete "general fund" insert "school foundation program account".

Representative Lockhart seconded the motion and the motion carried.

The motion of Senator Scott, as amended, passed. (Roll call vote attached at Appendix P.)

03LSO-0193.W3, "Statewide education data system."

Representative McOmie moved Committee approval of 03LSO-0193.W3.  Senator Scott seconded the motion.

Senator Scott moved for adoption of the following amendment:

Page 2-line 9                 After "," delete balance of line and insert "appointed by the state superintendent of public instruction with the advice of district directors of technology;"

Page 2-line 10               Delete.

Representative Shivler seconded the motion and the motion carried.

The amended motion of Senator Scott passed. (Roll call vote attached at Appendix Q.)

03LSO-0194.W2, "Education information advisory assistance."

Representative Lockhart moved Committee approval of 03LSO-0194.W2.  Senator Peck seconded the motion.

Senator Scott moved adoption of the following amendment:

Page 2-line 8                 Delete "December 31, 2003" insert "November 30, 2003".

Representative Shivler seconded the motion and the motion carried.

The motion of Senator Scott, as amended, passed.  (Roll call vote attached at Appendix R.)

Federal Education Initiatives under NCLB

Linda Stowers and Emily King, Wyoming Professional Teaching Standards Board, addressed federal requirements imposed upon teacher examinations under the NCLB Act of 2002.  New testing requirements will be imposed upon elementary, middle and secondary teachers new to the profession.  The Board is working with private contractors to broker Wyoming tests in the principles of learning and teaching, elementary education content knowledge and middle school content knowledge, and is targeting a fall 2003 implementation date.  A written statement of remarks is attached at Appendix S.

Compensation Component Report

Dr. Jeffrey S. Zax, Colorado University Department of Economics, presented findings resulting from a review and analysis of the certified staff component within the cost-based model, conducted in accordance with the requirements of 2002 Laws, Chapter 76, Section 16.  Initial findings were earlier presented to Committee members at the October meeting.  A copy of the final report submitted by Dr. Zax is on file with the Legislative Service Office.

Based upon the evidence of record, Dr. Zax reported allegations of teacher shortages, insufficient teacher compensation levels and recruiting difficulties are not supported.  State education expenditures compare favorably on a national basis, and the forty-forth ranking with respect to teacher salaries indicates district choice, not available resources.  A written summary of remarks by Dr. Zax is attached at Appendix T.  CoChair Devin stated the study supports MAP findings and pointed out the study represents the third independent review of teacher salaries undertaken by the Committee, all of which have resulted in findings similar to MAP findings.

Technical Correction

Dr. James Smith, MAP, presented an errata statement to the MAP funding formula affecting the small district adjustment.  The correction is consistent with the policy proposed in the January 17, 2002, MAP Small District Report, and adopted by the 2002 legislature.  A technical correction to the model spreadsheet is also included in the errata statement.  (See Appendix U.)  Fiscal analysis of the correction was presented and discussed, with the State Department indicating any district would not be required to incur a loss resulting solely from implementation of the correction.

Federal Education Initiatives under NCLB (continued)

Legislation implementing assessment and rewards and sanctions requirements under the federal NCLB were presented, as forwarded at the September Committee meeting.  Scott Marion, State Department, elaborated on state efforts and the Wyoming assessment system in particular.  It was noted roughly $60 to $70 million are at-risk to Wyoming under federal compliance requirements.  Materials submitted by Mr. Marion are attached at Appendix V.

03LSO-0154.W2, "Public schools-statewide accountability process."

Senator Peck moved Committee approval of 03LSO-0154.W2.  CoChair Devin restated the legislation forwarded and approved by the Committee may be consolidated for purposes of introduction in the 2003 session.  Representative Lockhart seconded the motion.

Senator Devin requested staff correct the date specified at page 2-line 15, from "April 1, 2002" to "April 1, 2003".

Representative Robinson moved adoption of the following amendments:

Page 2-line 16               Delete "such that" insert "providing for"; delete "is provided for" insert "by".

Page 5-line 14               Delete "such".

Page 5-line 15               Delete "time as".

Senator Peck seconded the motion and the motion carried.

The motion of Senator Peck, as amended, passed. (Roll call vote attached at Appendix W.)

03LSO-0153.W3, "Public schools-student assessment."

Representative Lockhart moved Committee approval of 03LSO-0153.W3.  Representative Robinson seconded the motion.

CoChair Devin moved adoption of the following amendment:

Page 4-lines 4 and 5            General direction to staff to provide for science assessment once during each of the following grade bands: grades 3 to 5, 6 to 9 and 10 to 12.

Representative Shivler seconded the motion and the motion carried.

The motion of Representative Lockhart, as amended, passed.  (Roll call vote attached at Appendix X.)

At-Risk Adjustment Study

Ruth Sommers presented findings resulting from the review of the at-risk adjustment to the cost-based model, conducted in accordance with 2002 Laws, Chapter 76, Section 15.  A copy of the final report is on file with the Legislative Service Office.

Mrs. Sommers stated the recommendations presented at the October meeting pertaining to the adjustment proxies for the identification of at-risk students were slightly altered in that data necessary to account for the incidence of mobility within individual schools requires further development.  As such, legislation presented provides for the collection of this information during the 2003 interim.  Further, legislation creating a limited assistance program for district summer school intervention and remediation is targeted for the 2004 summer session.

03LSO-0241.W3, "School finance-at-risk adjustment."

Representative McOmie moved Committee approval of 03LSO-0241.W3.  CoChair Devin seconded the motion and the motion passed.  (Roll call vote at attached Appendix Y.)

Adjournment.

CoChair Stafford announced the next Committee meeting is scheduled for December 16 and 17, 2002, in Cheyenne.  More meeting specifics will be available at a later date.  The Committee was adjourned at 2:45 p.m.

Respectfully submitted,

____________________________                _________________________________

Senator Irene Devin,                                          Representative Bill Stafford,

Committee CoChair                                            Committee CoChair