3

 

 

      1      Afton, Wyoming,  September 23, 2002,  1:30 p.m.

 

      2

 

      3              MS. DEVIN:  Thank you so much for making the

 

      4      trip here to this beautiful country.  We're pleased to

 

      5      be in Afton.  And I will tell you that we are expecting

 

      6      two more committee members yet.  That will be

 

      7      Representative Shivler and Representative Robinson.

 

      8      And Representative Simon's husband is gravely ill at

 

      9      this point, and she is not able to make it.  And

 

     10      unfortunately, my co-chair was called back to

 

     11      Washington at the last minute.  We had expected him.

 

     12                I've talked to several of you.  I thank the

 

     13      staff and the Department of Ed and those who have

 

     14      accommodated.  We have shifted this schedule several

 

     15      times in order to accommodate getting the best use of

 

     16      the committee's time and people here.  We literally

 

     17      have had people who are somewhere today, can be in

 

     18      tomorrow morning and have to fly out tomorrow

 

     19      afternoon.  We have a stakeholder meeting for voc-ed

 

     20      taking place in Jackson as we speak who are then going

 

     21      to come here to give us the report.

 

     22                So I know some of you have made some requests

 

     23      for some agenda changes or shifts if we can.  We will

 

     24      do our best to accommodate those.  And there is a

 

     25      possibility if we can shift some of those that we can

 

 

 

 

 


 

                                                                4

 

 

      1      do more than one tomorrow morning.  So we have some

 

      2      people trying to arrange that for us.

 

      3                And with that I would like to go ahead and

 

      4      ask staff to give us a briefing.  I will tell you that

 

      5      they have made an extensive effort as well as all the

 

      6      committees working to use this committee time well.  We

 

      7      met in June.  There simply was not enough new material

 

      8      ready with the working groups to make a July and August

 

      9      meeting worthwhile, and that is why you saw the meeting

 

     10      moved.  But I will tell you there has been hard work

 

     11      going on all of that time and a lot, hundreds of people

 

     12      across the state involved on many of these issues, and

 

     13      they have been doing some good work.

 

     14                Also of interest to you the school capital

 

     15      facilities select committee has met and the commission

 

     16      is on board and working very hard.  I think they knew

 

     17      they were getting a very big job, but the job has

 

     18      turned out to be even bigger than they had anticipated

 

     19      and frankly more of the projects are being worked on by

 

     20      them than we had anticipated because of their level of

 

     21      ability to deal with the project.  So those meetings

 

     22      are occurring fairly frequently.

 

     23                From this time on I would anticipate we have

 

     24      a fairly heavy schedule.  We have a three-day meeting

 

     25      scheduled for October, which will be quite intense.  We

 

 

 

 

 


 

                                                                5

 

 

      1      have three days again for November I believe and two

 

      2      reserved for December.  And I would anticipate with the

 

      3      weight of those studies coming in and the magnitude of

 

      4      them that we will probably use those days and most of

 

      5      them, so do put in your plan.  I don't anticipate the

 

      6      changes that we've experienced so far by going forward.

 

      7                But staff then, I guess, Mr. Nelson, would

 

      8      you appraise us of the areas of out there that are --

 

      9      what is happening?

 

     10                MR. NELSON:  Be happy to, Madam Chairman.

 

     11      What Mary handed out are kind of two little documents.

 

     12      One is a summary of all the studies that are school

 

     13      finance related that are assigned to this committee

 

     14      that we will be working on and hopefully putting

 

     15      something together before the session.  And the other

 

     16      one is kind of a schedule of the meetings as we set

 

     17      them up as Madam Chairman pointed out the dates and

 

     18      what we hope to be the major topics of those meetings.

 

     19                And I'll just briefly go through the studies.

 

     20      I know you probably are aware of these and are in tune,

 

     21      but kind of help you to keep track of where we're at.

 

     22      First one on the vocational education study MPR will be

 

     23      here tomorrow.  They will be here.  Mr. Klein who is

 

     24      working with MPR will be here to present his financial

 

     25      report tomorrow.  So the bulk of that work will be

 

 

 

 

 


 

                                                                6

 

 

      1      forwarded to you, his data and his recommendations.

 

      2      He's met with the state board on these recommendations

 

      3      and they have forwarded the report.  At that point then

 

      4      it's hopeful we can, after your review and your

 

      5      directives work with MAP, to develop some kind of

 

      6      cost-based adjustment to present to you at your

 

      7      November meeting.  And that is essentially that study.

 

      8                The reading assessment and intervention study

 

      9      is being worked with.  MAP is under contract to look at

 

     10      this component and to present you with some

 

     11      information, recommendations and adjustment of

 

     12      cost-based adjustment for the reading assessment and

 

     13      intervention program that's currently in statute.

 

     14                The special ed study you will get an update

 

     15      this afternoon.  It's anticipated the final record be

 

     16      made available at your October meeting.  State groups

 

     17      are in fact have been meeting also along on this.  The

 

     18      data has been collected, and they will present to you a

 

     19      report in October.

 

     20                The at risk study also is under way.  The

 

     21      state department has contracted with an individual to

 

     22      go out and to review the at risk funding adjustment and

 

     23      also the component that puts together the qualifying

 

     24      adjustment is being reviewed.  And so it's anticipated

 

     25      you will get a report in October on the at risk study.

 

 

 

 

 


 

                                                                7

 

 

      1      You can see October will be a lot of reports.

 

      2                The small school study, the state department

 

      3      has been working on a definition.  They have used their

 

      4      school district advisory group that is set up by

 

      5      statute to work with the state department on financing

 

      6      issues and reporting issues.  This group has been

 

      7      working on that and on small school data collection

 

      8      efforts.  What they have focused on is going for school

 

      9      level data and they have put together with the state

 

     10      department, a set of data that is being collected this

 

     11      current school year.  Our hopes are that at the end of

 

     12      the school year that data can be used to re-look at the

 

     13      small school adjustment and to use the data for that

 

     14      purpose.  And you will receive a report on a definition

 

     15      probably at the October meeting that could be used in

 

     16      hand with the refined adjustment.  We anticipate it to

 

     17      be later.  The data would not be available until the

 

     18      end of next school year.

 

     19                The regional cost adjustment study, the

 

     20      Division of Economic Analysis has contracted with

 

     21      expertise.  Dr. Godby is here today.  He will give you

 

     22      a brief update on where he's at right now with the

 

     23      expectation that a final report will be given to you in

 

     24      October.

 

     25                And the certified staff compensation study,

 

 

 

 

 


 

                                                                8

 

 

      1      the co-chairs of the committee have revised the

 

      2      contract pursuant to the last meeting.  We went out,

 

      3      solicited comments from representatives of the

 

      4      education community on the study.  We did get one, we

 

      5      received one comment.  We have copies of that.  And it

 

      6      was from the Wyoming Education Association.  And I'll

 

      7      let Mary distribute those.  We received that at the end

 

      8      of July.  We made that available to the consultant who

 

      9      is working on the compensation study, and he revised

 

     10      his scope of work to include this information.  And

 

     11      again we're looking forward to an October report on the

 

     12      certified staff compensation component.

 

     13                One additional thing that is not on the list

 

     14      but is an issue that will come to you, and it's the

 

     15      certified staff compensation or certified staff

 

     16      adjustment within the compensation component that's in

 

     17      the block grant model.  Last year we did not have

 

     18      sufficient data to complete that adjustment.  It deals

 

     19      with classified staff and providing minimum adjustment

 

     20      for experienced and for seniority, that sort of thing.

 

     21      And we needed additional information to complete an

 

     22      experience profile for that component.  So that will be

 

     23      available this year.  And I believe the state

 

     24      department will bring forward a recommendation to you

 

     25      probably in October or November depending on when that

 

 

 

 

 


 

                                                                9

 

 

      1      information has been completed.  They have been working

 

      2      with MAP through enhanced data and will have a proposal

 

      3      to bring forward to the committee.  It will involve

 

      4      probably a change to the dollar per ADM amount and a

 

      5      refinement of that compensation adjustment.  In statute

 

      6      we did not effectuate it until the '03/'04 school year,

 

      7      so we did adopt it with the understanding we will

 

      8      refine the data that went into that piece.  So that

 

      9      will be coming at you as well.

 

     10                The data facilitation board has been meeting.

 

     11      Senator Scott and Sessions are here.  They have

 

     12      participated in all the meetings.  They have met twice

 

     13      since the June meeting.  They are focusing on a

 

     14      statewide data base efforts.  Currently they're working

 

     15      on a provision that would provide a recommendation to

 

     16      put forth some kind of statewide data base pertaining

 

     17      to student assessment tracking data, that is somewhat

 

     18      of a rush to get through due to the graduation

 

     19      requirements that the state board has put a time limit

 

     20      forward, so they're trying to work with an existing

 

     21      group that's been set up that involves the state

 

     22      department and districts.  It's called the Body of

 

     23      Evidence Student Based Tracking Group that has already

 

     24      been working in this area.  And I think that they will

 

     25      work in cohort to bring you some sort of a

 

 

 

 

 


 

                                                                10

 

 

      1      recommendation probably at your October meeting that

 

      2      would carry that forward combined with a larger

 

      3      encompassing statewide data for education, statewide

 

      4      education data base that probably would be creating

 

      5      some kind of group that would go forward and come back

 

      6      with you in maybe another year or so.  It could be down

 

      7      the road.  But with the emphasis on the student

 

      8      tracking information that would be necessary to bring

 

      9      together the graduation information they'll all need to

 

     10      apply with the state board regulations.

 

     11                The other big area that this committee is

 

     12      assigned is the federal No Child Left Behind

 

     13      requirements.  You will get a presentation tomorrow on

 

     14      that and some recommendations.  Probably we're hoping a

 

     15      good chunk of the information can be assembled tomorrow

 

     16      and carry forward to the November meeting so that

 

     17      October would be available for these other things.  So

 

     18      that's kind of the game plan.  And with that I'll sit

 

     19      down.

 

     20                MS. DEVIN:  Okay.  Committee, any questions

 

     21      on that report?

 

     22                MR. LOCKHART:  Higher education --

 

     23                MR. NELSON:  That will be an agenda meeting

 

     24      at the October committee meeting.  The way the agenda

 

     25      is set up is probably Friday would be devoted to a day

 

 

 

 

 


 

                                                                11

 

 

      1      with the university and community colleges.

 

      2                MS. SESSIONS:  Madam Chairman, I want to take

 

      3      a minute to thank, and I think the people should know

 

      4      this is I would like to thank the state department and

 

      5      tell them how wonderful they have been on that data

 

      6      facilitation meeting.  And I just have to say I think

 

      7      that progress is being made to protect that time in the

 

      8      classroom.  And we couldn't have done it without them.

 

      9      I just have to say that.  Every time we met it's been

 

     10      really good.

 

     11                MS. DEVIN:  I thank you because I do

 

     12      understand it's been time consuming but beneficial,

 

     13      quite a work load.

 

     14                MR. LOCKHART:  One thing is apparent from

 

     15      that was the extent to which our system and

 

     16      specifically our legislature is putting data demands on

 

     17      the school districts and reporting demands on the

 

     18      school districts, and the extent to which this is

 

     19      starting to go take resources away from the classroom

 

     20      you have to get into the nuts and bolts of it to see

 

     21      how complicated the demands are.

 

     22                MS. DEVIN:  I appreciate that.  Apparently a

 

     23      lot of states are finding, I was reading last night the

 

     24      states that have invested in student achievement data

 

     25      gathering systems.  And I guess Dave or of the

 

 

 

 

 


 

                                                                12

 

 

      1      department part of my question would be I noticed the

 

      2      state of Georgia, state of Ohio, but several have made

 

      3      substantial investments in these types of systems.

 

      4      And, committee members, I guess has anyone looked at

 

      5      that and whether any of that can be used.  Do we have

 

      6      to reinvent the wheel?

 

      7                MS. SESSIONS:  Madam Chairman, no, I think

 

      8      that's the way it's going, is the people we've been

 

      9      introduced to and many things already are trying to be

 

     10      done in the process of working through it to see what

 

     11      we can adapt and use and then come forward with a

 

     12      plan.  It's using what is already out there and trying

 

     13      to see what we can do and then working with school

 

     14      districts to decide what data is needed and how the

 

     15      whole thing, we have common definition of data, that's

 

     16      another goal so that when you ask for a classroom and

 

     17      student-teacher ratio there is an explanation there and

 

     18      maybe there will be couple, three different

 

     19      student-teacher ratios, but they will explain what it

 

     20      means from every school.  And that kind of thing is

 

     21      something that will really be beneficial, maybe stop

 

     22      some of the -- I guess it's stopped maybe the distrust

 

     23      of some of the numbers.

 

     24                MS. DEVIN:  Then the working group that

 

     25      you're talking about can integrate some of what is out

 

 

 

 

 


 

                                                                13

 

 

      1      there along with that.

 

      2                MR. LOCKHART:  There is some ongoing national

 

      3      effort, some of which is in the private sector and some

 

      4      more joint, that are in the process of producing some

 

      5      data systems that talk about platforms with open

 

      6      access, and frankly they lose me after a while.  But it

 

      7      looks like there is some national things we can tie

 

      8      into that will help quite a bit.  And understand it's

 

      9      much more than just data on student achievement and

 

     10      assessment.  It's all the data required to run our

 

     11      system plus a lot of other things.  And it does look

 

     12      like maybe gotten access.

 

     13                MS. DEVIN:  That's an excellent point because

 

     14      although we're emphasizing this piece is what the

 

     15      districts are heavily asking, there is also the

 

     16      financial piece that can be a part of this data, the

 

     17      financial reporting pieces.  And but what we've found I

 

     18      think in the discussion is that we're further along in

 

     19      that.  We've been working on it longer and we've pulled

 

     20      it together, so it will be a part of this system.  The

 

     21      hope as was described to me is that this data can be

 

     22      entered once and sometimes entered at the district

 

     23      level just once, and then when people need to retrieve

 

     24      it there will be multiple ways that you can retrieve

 

     25      that data and not have to ask separate questions or

 

 

 

 

 


 

                                                                14

 

 

      1      questionnaires or go out again.  At least that's our

 

      2      goal that we get a user friendly piece that doesn't

 

      3      take a lot of time.

 

      4                Our voc-ed study is ahead of schedule.  I'm

 

      5      hoping this committee might be able to recommend some

 

      6      drafting beginnings on that so that we can perhaps get

 

      7      that report off of the table for October with our

 

      8      loaded schedule and then look at it again in November.

 

      9                Special education may be more complex.  We

 

     10      may not be quite at that point, but we are getting a

 

     11      major piece of that in.  I will say this is due to the

 

     12      diligence of the working groups and the consultants

 

     13      with us that we are that far.

 

     14                I think that the only other comment I have on

 

     15      this workload small schools indeed will take an

 

     16      additional year as we had anticipated.  We are looking

 

     17      at two or three different methods to come at that,

 

     18      including the collection of the data that was mentioned

 

     19      to you and perhaps more than one prototype development,

 

     20      some costing out of the actual basket in small schools,

 

     21      delivery of that basket in small schools.  We're

 

     22      looking at multiple approaches to try to get good data

 

     23      on that.

 

     24                The federal piece which we will discuss

 

     25      tomorrow, a great number of these things, including

 

 

 

 

 


 

                                                                15

 

 

      1      this data work, was extremely timely in that should we

 

      2      get this developed it may well take a tremendous burden

 

      3      of those pieces.  We may not have a great deal of

 

      4      legislation, but if we are able to feel comfortable I

 

      5      would like to consider moving to draft on that also

 

      6      tomorrow and then look at it again in November because

 

      7      those are pieces that we can I think do.

 

      8                So with that and your tentative schedule in

 

      9      front of you for your additional committee meetings I

 

     10      think that pretty much lays out a full plate of work.

 

     11                And we have had item number three, the St.

 

     12      Stephens School approach us for the meeting that we had

 

     13      to cancel in August I believe, they were originally

 

     14      scheduled, and they were gracious enough to make the

 

     15      trip here.  But they have indeed had a number of years

 

     16      of history with the Department of Education and serve a

 

     17      special need.  I'm not sure how many people on the

 

     18      committee are fully aware.  I've had to ask a lot of

 

     19      questions.  So, Senator Peck and presenters, any

 

     20      history that you might be able to give us some of the

 

     21      committee will know and have been through it, but many

 

     22      members will not have been through any legislative

 

     23      actions with St. Stephens before.  So feel free to

 

     24      elaborate.

 

     25                We do have a court reporter here, which is

 

 

 

 

 


 

                                                                16

 

 

      1      the practice with of the Education Committee, so those

 

      2      of you who are speaking if you would identify yourself

 

      3      and if you are representing anyone other than yourself

 

      4      or representing yourself, please state that so she can

 

      5      get that information.  I guess I will open that agenda

 

      6      item to whomever would like to speak.

 

      7                MR. HEADLEY:  Thank you, members of the

 

      8      committee, I appreciate you putting this on your

 

      9      primary agenda.  Brief history, we've been working with

 

     10      Senator Peck and the Fremont County representatives,

 

     11      Harry Tipton and Cal Case, and there is some

 

     12      correspondence to the Attorney General and to Senator

 

     13      Irene Devin, yourself here.

 

     14                And in short, years ago 1992 the legislature

 

     15      supplemented us in the amount of $250,000 that was

 

     16      through the entrance of contested taxes held in

 

     17      escrow.  And since then that has run out.  I don't know

 

     18      when it stopped because I've been away, but it's

 

     19      stopped.  And the St. Stephens Indian School Board

 

     20      asked us to contact the Fremont County legislature to

 

     21      see how we can get extra funding through the state some

 

     22      way, somehow, what avenue.  And the idea came up with

 

     23      the possibility of contracted services.  And so we are

 

     24      here to ask some way to apply for those kind of

 

     25      contracted services with the legislature.

 

 

 

 

 


 

                                                                17

 

 

      1                MS. DEVIN:  Can you tell us how many children

 

      2      are in your school and why they might attend your

 

      3      school versus another school, who sponsors your school

 

      4      and a little bit about it?  I'm not sure all, maybe I

 

      5      was the only one who had to ask those questions, but

 

      6      I'm sure all the legislators who live further away

 

      7      aren't as familiar as we should be.

 

      8                MR. HEADLEY:  St. Stephens was formerly a

 

      9      Catholic high school, and we became a Bureau of Indian

 

     10      Affairs contract school, 638 in the Self-Determination

 

     11      Act.  Then it evolved into a grant school, so now it is

 

     12      a Bureau of Indian Affairs grant school, meaning that

 

     13      it's under the Shoshoni and Arapaho tribes.  And we

 

     14      have approximately 80 high school students and 155 K-8.

 

     15                MS. DEVIN:  Again please the numbers?

 

     16                MR. HEADLEY:  Approximately 80 high school

 

     17      students and 155 K-8 students.  And it's been

 

     18      fluctuating in that some students are leaving, getting

 

     19      in others students as well.  So our funding is

 

     20      approximately 3,730 per student.

 

     21                MS. DEVIN:  And your funding was how much per

 

     22      student?

 

     23                MR. HEADLEY:  3,730.

 

     24                MR. SWEENEY:  I believe you all received a

 

     25      handout showing that figure on there.

 

 

 

 

 


 

                                                                18

 

 

      1                MS. DEVIN:  Thank you.  Now, students

 

      2      attending this school, where do they come from?  Do

 

      3      they have a choice of going to this school, to other

 

      4      schools?  Are there particular services that you do

 

      5      present to this group of students that they see as

 

      6      valuable?  Just to try to get a picture of the school.

 

      7                MR. HEADLEY:  We try to offer as many classes

 

      8      as possible in terms of electives for high school.  And

 

      9      the students come from the St. Stephens Arapaho area,

 

     10      and they can go to Arapaho elementary school or

 

     11      Riverton they can go to boarding schools.  But St.

 

     12      Stephens serves the whole reservation, so our busses go

 

     13      all over the reservation.

 

     14                MS. DEVIN:  Do you have your own bus system?

 

     15                MR. HEADLEY:  Yes.

 

     16                MS. DEVIN:  What about, you have the school

 

     17      lunch and that type of thing?

 

     18                MR. HEADLEY:  Yes.

 

     19                MR. SWEENEY:  That's the state, the school

 

     20      lunch.

 

     21                MS. DEVIN:  And tell us about, Senator Peck

 

     22      or one of you gentlemen, the nature of the history of

 

     23      your relationship with the legislature and the state

 

     24      department.  What types, you contracted -- I know money

 

     25      is not appropriated directly to the school for

 

 

 

 

 


 

                                                                19

 

 

      1      constitutional prohibitions and so forth, but it has

 

      2      been in the past as I understand there have been some

 

      3      appropriations by the legislature to the Department of

 

      4      Ed, is it, for specific contracted services?  Or can

 

      5      you help us on that?

 

      6                MR. HEADLEY:  It was an act.  I'll read, an

 

      7      act provided an appropriation from the mineral

 

      8      severance protest accounts within the trust and the

 

      9      agency fund for the remuneration of specified

 

     10      commissions on the Wind River Indian Reservation

 

     11      imposing conditions upon the expenditure of appropriate

 

     12      funds and providing for an effective date.  And it was

 

     13      enacted in 1992.

 

     14                MR. PECK:  Madam Chairman, I think just by

 

     15      way of elaboration for what Mr. Headley has said

 

     16      geographically St. Stephens sits right outside of

 

     17      Riverton a few miles and has build a nice campus

 

     18      there.  And students of all sorts choose to go to St.

 

     19      Stephens because of the particular environment and the

 

     20      welcoming attitude the school has for its students.

 

     21      Over the years former Senator John Vinich sort of

 

     22      championed the cause of St. Stephens and various

 

     23      methods of getting money to St. Stephens had been

 

     24      employed over the years to stay within the constraints

 

     25      of the constitution.  Sometimes he worked with the

 

 

 

 

 


 

                                                                20

 

 

      1      Arapaho with mineral severance tax.  Contested funds

 

      2      were the latest method.  I think that their appearing

 

      3      before us certainly has merit in that they're serving

 

      4      well over 200 students, that if they weren't serving

 

      5      them someone else would be, and instead of getting by

 

      6      for $3700 a piece we would be paying $8,000 a piece, so

 

      7      I guess the challenge for us is what way could we work

 

      8      with the department of St. Stephens and perhaps

 

      9      identify a group of educational services that possibly

 

     10      could be contracted with and help, and be better able

 

     11      to offer a full array of educational services rather

 

     12      than the extremely tight lid they have on their funding

 

     13      at the present time.

 

     14                The tax situation is an ongoing thing.  We

 

     15      who serve on the tribal relations committee have been

 

     16      talking informally with the tribal leaders, and of

 

     17      course the state extracts its full levy of severance

 

     18      taxes against reservation-produced minerals, and the

 

     19      reservation imposes severance taxes on top of that, so

 

     20      the companies such as Tom Brown who choose to operate

 

     21      on the reservation are faced with a higher level of

 

     22      taxation than the operators in the rest of the state.

 

     23      And that differential has been an ongoing subject for

 

     24      discussion.  So I'm not sure we have a specific

 

     25      solution to the problem, but I think we who are in the

 

 

 

 

 


 

                                                                21

 

 

      1      Fremont County delegation have been meeting with the

 

      2      school board and Mr. Headley to have ongoing

 

      3      discussions to see if there is some way that we can

 

      4      help with the funding and still stay within the bounds

 

      5      of the constitution.

 

      6                MS. DEVIN:  I would ask you what types, or I

 

      7      would open it to the department also to ask what types

 

      8      of services you would look to have to contract for,

 

      9      what might you see that is a need that you cannot

 

     10      provide under your current moneys or you could provide

 

     11      in a better manner with this enhancement?  What has

 

     12      been contracted for before and what kinds of services

 

     13      might we be looking at, what sorts of arrangements?

 

     14      And I may be asking people who were not there at the

 

     15      time.  I don't know.

 

     16                MS. HILL:  This is an issue that has arisen

 

     17      within the department even in the time I have been

 

     18      there a couple of different times.  And there is a

 

     19      desire at the department to try to help.  The problem

 

     20      is when you run into the other limitations.  The

 

     21      federal title funds we receive, which are the bulk of

 

     22      our funds, are all very much tied to public education.

 

     23      That would certainly be true with the new funds coming

 

     24      through No Child Left Behind.  We would be glad to take

 

     25      another look at that apple and see if there is some

 

 

 

 

 


 

                                                                22

 

 

      1      sort of contracted service.  The warning is this, that

 

      2      that would then require the school to do something that

 

      3      it's probably not currently doing.  It would be for

 

      4      something new.  And that may not be helpful to them.

 

      5      That may be counterproductive.  And as I think the

 

      6      focus is to come back to the legislature to see if

 

      7      there is some sort of a legislative package that would

 

      8      have appropriations that would then run through the

 

      9      department or possibly family services group, those

 

     10      programs.

 

     11                MR. SCOTT:  Madam Chairman, I can remember

 

     12      these discussions going back as long as I've been in

 

     13      the legislature.  This is not an overly new topic.  The

 

     14      problem has always been the provisions in our

 

     15      constitution, particularly article 7 section 8, has two

 

     16      portions; one, it forbids assistance to any church or

 

     17      sectarian school, which I gather now St. Stephens no

 

     18      longer is.  Is that correct?

 

     19                MR. HEADLEY:  Uh-huh.

 

     20                MR. SCOTT:  Also that provision got, and a

 

     21      very similar provision in another state constitution

 

     22      got held unconstitutional I believe by the Ninth

 

     23      Circuit at the appeals court level.  It's not clear

 

     24      whether that precedent can be binding nationally or

 

     25      not, but there is at least an appeals court decision

 

 

 

 

 


 

                                                                23

 

 

      1      that says that such state constitutional provisions are

 

      2      against the U.S. Constitution.  But that same section

 

      3      has a prohibition on using, nor shall any portion of

 

      4      any public school fund ever be used to support or

 

      5      assist any private school.  And that's another problem

 

      6      that we get into.  Is St. Stephens now a private school

 

      7      or is it a tribal school?

 

      8                MR. HEADLEY:  Tribal school.

 

      9                MR. SCOTT:  So that prohibition doesn't

 

     10      really apply in this case because tribal schools are

 

     11      not regarded as a private school under our laws.  Is

 

     12      it?

 

     13                MR. NELSON:  Good question.  I don't know.

 

     14                MR. SCOTT:  I think that by changing the

 

     15      arrangement there they may have disposed of a couple of

 

     16      the major objections to doing some funding.  Let me ask

 

     17      if how is your special education handled?  Is that

 

     18      something that St. Stephens does or does the state do

 

     19      that?

 

     20                MR. SWEENEY:  Bureau of Indian Affairs,

 

     21      through the BIA.

 

     22                MS. DEVIN:  Is that part of your personal

 

     23      funding?

 

     24                MR. SWEENEY:  There should be a section on

 

     25      there on that spread sheet designated to special ed.

 

 

 

 

 


 

                                                                24

 

 

      1                MR. SCOTT:  If we were to pick up that

 

      2      portion, which I know we have done for some of the

 

      3      services for other schools in the state, would that

 

      4      simply reduce your BIA funding?

 

      5                MR. SWEENEY:  That I don't know.  That would

 

      6      be something we would have to discuss with the BIA I

 

      7      would imagine.

 

      8                MR. SCOTT:  I see no reason to supply federal

 

      9      funds, but I know in our town that a number of special

 

     10      education services are provided by our school district

 

     11      to students in private or parochial schools.  And the

 

     12      argument it's going to the students rather than the

 

     13      institution.  I'm wondering if that's a way we can be

 

     14      helpful.

 

     15                MS. DEVIN:  I would appreciate your looking

 

     16      into that.

 

     17                MS. HILL:  Madam Chair, Senator Scott, the

 

     18      issue there because we did look at this under previous

 

     19      occasions that those were funds that would go to

 

     20      special education that would go to the district, that

 

     21      the district provides the services.  So that raises the

 

     22      question of a relationship what is St. Stephens School

 

     23      with one of their neighboring districts and that is in

 

     24      the past seems to be something of an issue.

 

     25                MS. DEVIN:  So if I understand what you're

 

 

 

 

 


 

                                                                25

 

 

      1      saying we might be able to either legislative, there is

 

      2      a potential of two avenues; one would be if we can

 

      3      legislatively designate those special education funds

 

      4      to be available for St. Stephens School.  That would be

 

      5      one route, and we don't know if that is possible.  The

 

      6      other route is much as Senator Scott is describing and

 

      7      I know it happens in my community it comes through

 

      8      another school district who then provides those

 

      9      services.

 

     10                MR. NELSON:  Madam Chairman, just to clarify

 

     11      the Attorney General in the opinion handed out February

 

     12      21, 2002 opinion does say that for purposes of school

 

     13      funding they consider St. Stephens a private school.

 

     14      And that's just their opinion was issued.

 

     15                MS. DEVIN:  Senator Scott.

 

     16                MR. SCOTT:  Madam Chairman, I would think

 

     17      that that should be treated as just their opinion.  In

 

     18      fact a tribal school is a school of another

 

     19      government.  What I'm wondering is if we were to say

 

     20      for other governmental schools in the state that we

 

     21      would be willing to appropriate money to the state

 

     22      Department of Education to contract for services at

 

     23      some percentage of the cost of running those schools as

 

     24      it really then is a grant in aid to not a private

 

     25      school, not a religious school, because it isn't

 

 

 

 

 


 

                                                                26

 

 

      1      either, but a school operated by a tribal government.

 

      2      If we might be able to use that method and that the

 

      3      convoluted methods in the past were because it was at

 

      4      that time both private and religious and gave us

 

      5      constitutional problems.

 

      6                MS. DEVIN:  I understand we have a twofold

 

      7      problem; one is how to channel it and the other is the

 

      8      age-old question where does the money come from.  But

 

      9      nonetheless, the channeling is what we can look at.

 

     10                MR. MCOMIE:  On page two of the Attorney

 

     11      General's second paragraph I think specifically says

 

     12      that you could do what Senator Scott has been

 

     13      suggesting.

 

     14                MR. SCOTT:  Madam Chairman, there would be

 

     15      another potential approach as well, and that is to do

 

     16      it through a voucher program to the students so that

 

     17      the grant then goes to the student who then chooses to

 

     18      spend it at St. Stephens.  The voucher program on a

 

     19      trial basis in Fremont County may well end up going

 

     20      mostly to St. Stephens because there aren't many other

 

     21      options.  There would be another possibility.  It looks

 

     22      like there are a couple of ways to skin this cat.  And

 

     23      then you have the question of where do we get the

 

     24      money.  I presume the same sources as all the other

 

     25      money for public education.

 

 

 

 

 


 

                                                                27

 

 

      1                MS. DEVIN:  Senator Scott, that pilot voucher

 

      2      has passed the senate, but has not succeeded in the

 

      3      house.  So it would be another route.

 

      4                MR. LOCKHART:  Madam Chair, I have a

 

      5      question.  I understand charter schools and church

 

      6      schools of choice within the public school system

 

      7      fairly well.  Is there an objection to having St.

 

      8      Stephens in part of the school district or are they

 

      9      sort of fit that if that pattern and there has to be a

 

     10      track for St. Stephens in the campus environment and so

 

     11      forth.  But couldn't that fit within the school

 

     12      district?

 

     13                MR. HEADLEY:  As a charter school, you mean?

 

     14                MR. LOCKHART:  Yes.

 

     15                MR. HEADLEY:  I would have to check with the

 

     16      BIA to see if that is a possibility.  It would have to

 

     17      get another board, so to speak, another board and kind

 

     18      of like the Arapaho school.

 

     19                MS. DEVIN:  Do you have a board currently,

 

     20      tribal board?

 

     21                MR. HEADLEY:  Yes.

 

     22                MS. DEVIN:  And I would suspect they could

 

     23      function as your charter school board.

 

     24                MR. HEADLEY:  I would have to read the

 

     25      charter school rules and regulations to determine that.

 

 

 

 

 


 

                                                                28

 

 

      1                MR. LOCKHART:  Madam Chair, as a follow-up.

 

      2      The particular niche the St. Stephens fills in your

 

      3      mind, would you describe for me?

 

      4                MR. HEADLEY:  I don't understand your

 

      5      question.

 

      6                MR. LOCKHART:  That's my fault.  St. Stephens

 

      7      has a very special focus apparently, and I would like

 

      8      to hear your description of that.  Maybe that would

 

      9      help me better understand.

 

     10                MR. HEADLEY:  I believe the parents and

 

     11      grandparents graduated went to the Catholic school have

 

     12      that feeling as if it's a tradition.  It's a tradition

 

     13      they send their kids to St. Stephens and their kids

 

     14      will send them to St. Stephens and kind of like that's

 

     15      the way I see it, tradition.

 

     16                MR. MCOMIE:  I'm not as familiar with this as

 

     17      Senator Case and Representative Tipton, but there seems

 

     18      to be we have a tremendous dropout problem in the

 

     19      reservation, and St. Stephens serves a real need as far

 

     20      as I've been able to ascertain helping with that

 

     21      problem.  A lot of the kids don't seem to be able to

 

     22      function in some of the other schools seem to be able

 

     23      to go to St. Stephens and stay in school.  I think

 

     24      that's something that's important.  And I think that's

 

     25      one of the big niches as I see it, where you were going

 

 

 

 

 


 

                                                                29

 

 

      1      to.  And I don't know, I may be talking off the top of

 

      2      my head, but that's always been my take is to the value

 

      3      of St. Stephens with Arapaho just across the road.  You

 

      4      have the high school and the Arapaho doesn't.  But

 

      5      those are the, that's one of the things I've observed.

 

      6                MS. DEVIN:  Are you indicating that there are

 

      7      also perhaps did I -- the question you raised in my

 

      8      mind are there students that graduate from the Arapaho

 

      9      that will go on to high school if they can do that at

 

     10      St. Stephens, but may not go on to high school if they

 

     11      have to transfer?

 

     12                MR. MCOMIE:  That's my understanding.

 

     13                MR. PECK:  Not to say anything derogatory

 

     14      about St. Stephens, but in conversations St. Stephens

 

     15      has sometimes been looked at as the school of last

 

     16      resort too.  You have to remember that you're allowed

 

     17      to go to any high school in Fremont County; Shoshoni,

 

     18      Lander, Riverton and whatever.  And some kids that have

 

     19      had a particular troubled time at some of the other

 

     20      schools land at St. Stephens and succeed there.  And

 

     21      all the factors that bring that about may be all

 

     22      because they like Mr. Headley.  But they stay in school

 

     23      in St. Stephens.  And just by further elaboration while

 

     24      we're on the charter schools I'm sure you're aware

 

     25      Arapaho is in the process of becoming a charter

 

 

 

 

 


 

                                                                30

 

 

      1      school.  And whether a charter school attached to a

 

      2      charter school would work, I'm not sure, but St.

 

      3      Stephens enjoys a special reputation and some of it as

 

      4      Superintendent Headley said is grandpa went there and

 

      5      mom and dad did and so the kids will go there.  I can

 

      6      remember when I was in grade school they had a national

 

      7      championship basketball team came out of St. Stephens,

 

      8      went back and played in Chicago and showed the world

 

      9      how to play basketball.  That tradition is still there

 

     10      to some extent, although Wyoming Indians has

 

     11      appropriated some of that glory.

 

     12                But there is an environment there that keeps

 

     13      kids in school and the dropout rate is atrocious on the

 

     14      reservation.  Graduation rate is significantly less

 

     15      than those for high school, those that finish the grade

 

     16      school and junior high.  They serve a need, and it's a

 

     17      challenge to us to figure out a way to enrich their

 

     18      program.  Maybe something as simple as contract with

 

     19      St. Stephens School for the instruction of science and

 

     20      technology, which would be a special need obviously the

 

     21      students would have, and that would be so simple an

 

     22      avenue to fund money into the school.  Possibility.

 

     23                MS. DEVIN:  Certainly does raise services to

 

     24      what we have struggled with in that so called for lack

 

     25      of a better term, at risk population.

 

 

 

 

 


 

                                                                31

 

 

      1                MR. SCOTT:  I would like to ask a question of

 

      2      the revenue committee chairman.  To what extent are

 

      3      Wyoming taxes generally collected on the reservation?

 

      4      You mentioned specifically severance tax was.  What

 

      5      about the others, specifically my question runs to the

 

      6      cigarette tax.

 

      7                MR. PECK:  I don't know that the cigarette

 

      8      tax is a significant contributor.  The reservation

 

      9      gives a tax rebate on part of your motor vehicle

 

     10      taxes.  But a number of studies have been made trying

 

     11      to measure how much total taxes are collected on the

 

     12      reservation against what the value of total services

 

     13      offered.  And the county commissioners' study showed it

 

     14      was pretty much a push, that the services provided was

 

     15      about equal to the revenue.  And I know that the joint

 

     16      business council has commissioned studies which show

 

     17      out of balance the other way.  I guess it's sort of

 

     18      like hiring your expert, here's the answer you want, go

 

     19      get me the data.

 

     20                MR. MCOMIE:  When I served on the county

 

     21      landfill board 22 percent of the taxes collected for

 

     22      the county landfill came from the reservation, that

 

     23      property tax.

 

     24                MS. DEVIN:  Would that be primarily

 

     25      minerals?

 

 

 

 

 


 

                                                                32

 

 

      1                MR. MCOMIE:  Minerals and all the free land,

 

      2      all that type of stuff are taxed, which is a large

 

      3      portion.

 

      4                MS. DEVIN:  Senator Sessions.

 

      5                MS. SESSIONS:  I wondered if the No Child

 

      6      Left Behind is there any, does that fit into that

 

      7      anywhere at all, is there possibility to identify

 

      8      something that we can use to funnel money to that No

 

      9      Child Left Behind?

 

     10                MS. HILL:  Those No Child Left Behind funds

 

     11      are really very school specific.  And when you talk to

 

     12      Scott tomorrow he can elaborate on that, but the annual

 

     13      progress you need to make, that is a fairly elaborate

 

     14      process, and it's my guess it's something these folks

 

     15      would want to avoid.

 

     16                MS. DEVIN:  Let me ask I'm sort of looking

 

     17      for how do we get a working group that proceeds on

 

     18      this, but we would, as Senator Scott pointed out, not

 

     19      necessarily want to plunge into an area where we

 

     20      supplant federal funds and then lose the federal funds

 

     21      piece and end up with no more money toward the

 

     22      education of students.  How might we explore this?

 

     23                MR. SCOTT:  It depends a little on whether

 

     24      this is within the education committee's charge from

 

     25      the management council or not.  If you think it is then

 

 

 

 

 


 

                                                                33

 

 

      1      I would suggest we have three legislators who are from

 

      2      Fremont County on this committee, you might appoint

 

      3      them as a subcommittee to work with the people from St.

 

      4      Stephens, the other districts in Fremont County and the

 

      5      other Fremont County legislators to come up with a

 

      6      specific proposal for this committee.  If you don't

 

      7      think it's within the charge they can do the same thing

 

      8      with a private bill.  We've identified, I can count

 

      9      three options that look viable; the voucher program,

 

     10      the appropriation to the education department to

 

     11      contract either for a percentage of the services or

 

     12      Senator Peck's suggestion, some specific services like

 

     13      science and technology or the richest option of all,

 

     14      making it a charter school.  Then they would get the

 

     15      full funding under our foundation program.  And the

 

     16      question there would be would we lose the BIA funding

 

     17      in the process.  So there are three different options.

 

     18      And if you had a subcommittee of local legislators to

 

     19      work up something that would be I think the way to get

 

     20      a specific proposal.  The question is should it be a

 

     21      proposal to this committee or a committee bill or

 

     22      should be a private bill.  That depends on the nature

 

     23      of our charge to the management council.

 

     24                MS. DEVIN:  And I would assume that there may

 

     25      need to be some involvement with the Department of

 

 

 

 

 


 

                                                                34

 

 

      1      Education to answer these questions and assist.  Mary

 

      2      Kay, any recommendations to someone that might be able

 

      3      to work with the group?

 

      4                MS. HILL:  We can go back and talk about

 

      5      that.  One other recommendation I might make is that

 

      6      there be some contract with the Department of Family

 

      7      Services.  There is some of those juvenile justice

 

      8      funds that may also be contract possibilities.

 

      9                MR. PECK: Representative Tipton has been

 

     10      working at some length with this already, and I think

 

     11      Senator Scott's suggestion is fine, we can be given a

 

     12      charge to the Fremont County delegation in general to

 

     13      work up recommendations and see what the possibility.

 

     14      One of the reasons for wanting to come before the

 

     15      education committee today is that sometimes efforts

 

     16      that start sort of outside the fold and fall by the

 

     17      wayside because the affected committee hasn't heard

 

     18      anything about it.  That's one of the reasons we wanted

 

     19      to make sure the education committee was fully briefed

 

     20      when it comes along at the pace of the general

 

     21      investigation.

 

     22                MS. DEVIN:  Then I think having had this

 

     23      discussion my general inclination would be to ask

 

     24      Fremont County legislators along with the school along

 

     25      with the department and other appropriate individuals

 

 

 

 

 


 

                                                                35

 

 

      1      if you feel other school districts in the immediate

 

      2      area need to be involved in that, that you proceed with

 

      3      those discussions.  In answer to the question that

 

      4      Senator Scott raises in terms of whether this is within

 

      5      the charge of this committee I will from the management

 

      6      council I will further investigate that issue as to

 

      7      whether action is a part of what we are charged with. I

 

      8      think that we benefit certainly from being appraised of

 

      9      what the situation is out there, children's education

 

     10      in the state.  And I know that I had a lot of questions

 

     11      and I learned a lot in the letters and asking them

 

     12      about the niche that this school serves for a

 

     13      significant number of young people.

 

     14                Committee, is it your general sense that we

 

     15      proceed?  I sense the interest we proceed and

 

     16      investigate the potential.  Any objections to that

 

     17      working group?

 

     18                MR. NELSON:  I want to add you have a tribal

 

     19      relations committee that could be another avenue.

 

     20                MR. PECK:  Madam Chairman, it's through that

 

     21      avenue Harry Tipton has been working.  He and I are

 

     22      chairs of the tribal relations committee.  And he was

 

     23      approached in that role as well as legislator.  The

 

     24      tribal relations committee is involved as well.

 

     25                MS. DEVIN:  I guess I would give the,

 

 

 

 

 


 

                                                                36

 

 

      1      certainly the education members here the latitude to

 

      2      involve those that you see appropriate in the

 

      3      discussion.  You can see here the complexities that we

 

      4      get into once we enter the federal money and the other

 

      5      pieces.  And some of the people you involve are well

 

      6      aware of the complexities and some will not, so you

 

      7      need to make a decision how large you make the group.

 

      8      I think moving that discussion along and getting us to

 

      9      firmer recommendations would be the route to go.

 

     10                MR. PECK:  I know you have rather an active

 

     11      private fund raising effort ongoing with your

 

     12      publication and that sort of thing.  Is that a

 

     13      significant contributor to the school budget or just a

 

     14      small amount of money they raise privately?

 

     15                MR. HEADLEY:  It goes directly to the

 

     16      Catholic Church.

 

     17                MR. PECK:  Not for the school, for the

 

     18      church.

 

     19                MS. DEVIN:  Do they contribute a part of this

 

     20      3730 or contribute some in addition?

 

     21                MR. SWEENEY:  No, that's all from the Bureau

 

     22      of Indian Affairs.

 

     23                MS. DEVIN:  That's a separate sort of

 

     24      relationship.

 

     25                MR. PECK:  Why don't you want to become a

 

 

 

 

 


 

                                                                37

 

 

      1      part of Arapaho or Wyoming Indian or Riverton or don't

 

      2      they want you?

 

      3                MRE. HEADLEY:  I think that's a question for

 

      4      the school board and community.  I think like I said

 

      5      before I think it's tradition.

 

      6                MR. SHIVLER:  How does the Bureau determine

 

      7      the 3730?  Is that a national figure or based on

 

      8      population?  That's significantly lower than almost

 

      9      every state in the union.

 

     10                MR. HEADLEY:  Just what congress proposes,

 

     11      whatever they appropriate the Bureau of Indian Affairs

 

     12      it's kind of divvied out to all the BIA.

 

     13                MR. SHIVLER:  Congress is the leader in this

 

     14      No Child Left Behind.  They're certainly leaving your

 

     15      tribes behind with this 3730.

 

     16                MR. HEADLEY:  Right.  The law is supposed to

 

     17      give the Bureau schools equal to the public school,

 

     18      what they get the Bureau is supposed to get, never

 

     19      happened.  It's by law.

 

     20                MR. SHIVLER:  Perhaps we should be talking to

 

     21      our Congressman.

 

     22                MR. HEADLEY:  We've taken that route as well

 

     23      years ago to no avail.

 

     24                MS. DEVIN:  Is that a national figure that

 

     25      they're giving?

 

 

 

 

 


 

                                                                38

 

 

      1                MR. HEADLEY:  Yes, every BIA school gets that

 

      2      amount, grant school.

 

      3                MS. DEVIN:  Do we have any idea what other

 

      4      states are doing with their BIA money, is there any

 

      5      other assistance to the BIA that we know?

 

      6                MR. HEADLEY:  I don't know.

 

      7                MS. DEVIN:  I'm not even sure, Mr. Nelson,

 

      8      how we find that out.

 

      9                MR. NELSON:  We'll try.

 

     10                MS. DEVIN:  Might be interesting to know how

 

     11      they dealt or in fact if they have found any methods

 

     12      that federal funds can be also utilized for those.

 

     13      Does that working group sound agreeable to you to

 

     14      proceed?

 

     15                MR. HEADLEY:  Yes, ma'am.

 

     16                MS. DEVIN:  And if you, as I said I will look

 

     17      at the other aspect of this.  And I appreciate you

 

     18      bringing the information and working with this group of

 

     19      students.  Thank you.

 

     20                MR. HEADLEY:  Thank you.

 

     21                MR. SWEENEY:  Thank you.

 

     22

 

     23                Discussion off the record.

 

     24

 

     25                MS. DEVIN:  Gentlemen, if you would introduce

 

 

 

 

 


 

                                                                39

 

 

      1      yourself.

 

      2                MR. BALLARD:  Members of the committee, my

 

      3      name is Justin Ballard.  I'm the senior economist with

 

      4      the Division of Economic Analysis.  And I'm the project

 

      5      lead for the Wyoming Cost of Living Index.  With me is

 

      6      Professor Robert Godby with the Economics and Finance

 

      7      Department, College of Business, University of

 

      8      Wyoming.  My division has contracted with him to study

 

      9      the Wyoming cost of living index and its use in the

 

     10      school finance model.  I guess I'll turn it over to

 

     11      Professor Godby, and he will update you on his findings

 

     12      so far.

 

     13                MS. DEVIN:  And these are rather complex

 

     14      issues and we've had problems in a number of areas.  As

 

     15      you remember with a huge part of the change we saw in

 

     16      the court's decision last go-round.  And this part of

 

     17      the state was quite dramatically affected as were some

 

     18      others.  So any amount of detail you want to go into,

 

     19      walk us through this.  We're trying to get an

 

     20      understanding of all parts of this.

 

     21                MR. GODBY:  Madam Chair and members of the

 

     22      committee, Justin's already outlined the study.  I'll

 

     23      be a little more specific.  With the cost of living

 

     24      index that Wyoming prepares is used in the regional

 

     25      cost adjustment in the model to differentiate required

 

 

 

 

 


 

                                                                40

 

 

      1      moneys to provide equivalent level of education I

 

      2      suppose.  In particular it most impacts the personnel

 

      3      costs and how those should be allocated to different

 

      4      school districts.  As I understood the grant that was,

 

      5      or the legislation and the study that was proposed or

 

      6      at least asked for, there is two ways to go about

 

      7      this.  One is to look and see if the WCLI, the Wyoming

 

      8      Cost of Living Index, can be tweaked, for lack of a

 

      9      better word, to make it work in a capacity that it

 

     10      wasn't intended to be used in.  And the second approach

 

     11      would be to try to identify if there is a better way to

 

     12      go about or at least maybe a -- it's difficult to

 

     13      decide what is better because what we're looking for,

 

     14      and I've said this to people in meetings, is we're

 

     15      trying to find this truth with a capital T, and it's

 

     16      not clear we're ever going to be able to be certain

 

     17      that we can identify what that is.  But there may be

 

     18      other methods other than the cost of living index that

 

     19      could approach that more accurately.

 

     20                As you know there is a tight deadline.  Dave

 

     21      has already outlined when he anticipates at least a

 

     22      tentative report being submitted to you before the

 

     23      November 1st deadline that it has. I'm looking to

 

     24      submit that at your October meeting and hopefully

 

     25      generate more discussion there.  Because of the tight

 

 

 

 

 


 

                                                                41

 

 

      1      deadline we're looking at about two months to consider

 

      2      and try to improve upon something that other states

 

      3      have taken up to two years to look at.

 

      4                Going back to your comments at the beginning

 

      5      regarding other studies there are other state studies

 

      6      that we can look at, and we can piggy-back on their

 

      7      findings.  We don't have to reinvent the wheel.  There

 

      8      are at least 10 or 11 states that use a cost of living,

 

      9      a cost of education adjustment.  At least three or four

 

     10      of them use a cost of living adjustment, including

 

     11      Wyoming.  And again it's not necessarily true that's

 

     12      the best way to go.

 

     13                What I've been looking at more recently there

 

     14      is a Texas study just finished in January 1st, 2002,

 

     15      and in addition to a cost of living they identified

 

     16      some other methodologies that we could probably

 

     17      appropriate if the data is available in Wyoming.  They

 

     18      face some problems that are similar to Wyoming in the

 

     19      sense there could be a big disparity between cost of

 

     20      living in different counties or different school

 

     21      districts in the state.  Other states we could look at

 

     22      in that way would be Colorado or Florida.  I mean with

 

     23      the short deadline it's not an exhaustive study, so you

 

     24      have to make some decisions ahead of time.  I decided

 

     25      not to look at Colorado in particular because the way

 

 

 

 

 


 

                                                                42

 

 

      1      they implement their study or their cost of living

 

      2      adjustment is at a level that probably isn't possible

 

      3      to do in Wyoming.  And the details of that are, it's

 

      4      just a matter of data availability the way they do it.

 

      5      It's also very expensive the way they do theirs.

 

      6                Going back to saying maybe we can tweak the

 

      7      WCLI, there are lots of ways that it could be improved

 

      8      on potentially to make it better for education finance

 

      9      and also just in general a better measure of a very

 

     10      important piece of data that the state should be using

 

     11      for regional analysis and development.  And it's

 

     12      difficult, some of those, I mean the education tweaks

 

     13      could also be generally applied regardless of whether

 

     14      the WCLI ends up being used.

 

     15                With the short time frame in mind there is a

 

     16      second fuller report that will be submitted in June of

 

     17      next year that hopefully will do a lot more analysis

 

     18      than the one the legislature gets, kind of some of the

 

     19      analysis that won't be possible in the next two

 

     20      months.  It might be the case then we can actually

 

     21      revisit it.  But for November and late October

 

     22      basically I'll be trying to put together a report that

 

     23       -- quick report to you, hopefully it's not too long

 

     24      otherwise -- that identifies ways that I think the cost

 

     25      of living index in Wyoming could be improved.  Some of

 

 

 

 

 


 

                                                                43

 

 

      1      them are very easy and some of them impact areas like

 

      2      Lincoln County school districts in particular.  And

 

      3      also hopefully at least describe to you what the

 

      4      alternatives might be to using it.

 

      5                Whether the court would find those acceptable

 

      6      obviously would be something I wouldn't be able to

 

      7      speak on.  At least I'm hoping to give you a menu of

 

      8      alternatives, might be a short menu at that point.

 

      9      Questions can be answered in the legislature as to the

 

     10      choices that are made.

 

     11                MR. SHIVLER:  That is in October?

 

     12                MR. GODBY:  I'm hoping to give you a

 

     13      tentative report in October and the final report is

 

     14      submitted to the legislature November 1st.

 

     15                MR. MCOMIE:  I would like to ask a question.

 

     16      Some of the testimony that we've heard is that the

 

     17      WCLI, what we call it, whatever it is, Wyoming cost of

 

     18      living index, doesn't take into consideration that it

 

     19      cost as much to live here but people have to go other

 

     20      places to do their shopping.  And is that what you're

 

     21      talking about trying to massage that?

 

     22                MR. GODBY:  That's a difficult kind of

 

     23      question, the travel, imputing costs on travel.  These

 

     24      costs of living indexes, the one that Wyoming uses is

 

     25      the same, a similar methodology to what the federal

 

 

 

 

 


 

                                                                44

 

 

      1      government uses for the CPI, consumer price index.  In

 

      2      a sense you're exactly right, kind of presumes there is

 

      3      no cost of travel, but whatever store you need to go to

 

      4      is right around the corner has a representative price,

 

      5      an equivalent quality to the store down the street.

 

      6      That's definitely one of the areas we would be looking

 

      7      at is just trying to identify a travel cost.  And some

 

      8      of the problem that comes into that is that people

 

      9      living in Wyoming don't all shop in Wyoming.  It has

 

     10      implications for things like site selection in a cost

 

     11      of living index.  If you assume that say people in

 

     12      Torrington go to Nebraska or people in Cheyenne

 

     13      traveling down to Denver or people here go across the

 

     14      border to Idaho.  Even tweaking the Wyoming cost of

 

     15      living index will end up having a number of

 

     16      recommendations, not all of them need to be adopted,

 

     17      and obviously some of them could be expensive to adopt.

 

     18                And what I'm getting at is just site

 

     19      selection.  Where do you sample your prices and where

 

     20      do you stop?  And that's definitely one of the issues.

 

     21      That goes along with trying to impute a cost to

 

     22      people's time for travel to get goods.  Or they may

 

     23      choose to say to live in Gillette in which case the

 

     24      cost becomes the imputed cost to work in another area.

 

     25                MR. MCOMIE:  I guess a follow-up on this is

 

 

 

 

 


 

                                                                45

 

 

      1      also the people live in the next areas they go buy

 

      2      stuff and don't pay sales taxes even though when they

 

      3      come back they're supposed to pay a use tax.  We don't

 

      4      have a use tax cost.  What if we were to say you're the

 

      5      guy and I've always contended we should declare this

 

      6      area as an outlier, the Jackson area as an outlier, pay

 

      7      them thousand bucks more, whatever it would be, and let

 

      8      the rest of the state go.  That makes a lot more sense

 

      9      to me because there is such a huge difference between

 

     10      the cost of living here and the rest of the state.

 

     11                MR. GODBY:  The state already does that for

 

     12      certain employees like the highway patrol, there's a

 

     13      compensation.  To be direct that's not actually what

 

     14      I'm looking at is whether we should pay something

 

     15      outside of this since -- although I suppose this could

 

     16      be a bottom line kind of thing.  And mechanism is drop

 

     17      Jackson.  I wasn't going to use that as a recommended

 

     18      mechanism for a few reasons, one would be I'm not

 

     19      really clear on the equity considerations that would go

 

     20      into that.  Again those are areas outside of

 

     21      identifying just the mechanism that can get to what is

 

     22      the cost difference.  So I'm just concentrating on

 

     23      trying to identify what that cost difference is in

 

     24      Jackson.  If you see the number and you say I think I

 

     25      would rather throw a thousand dollars at them a month

 

 

 

 

 


 

                                                                46

 

 

      1      or whatever, then I guess that would be a choice that

 

      2      the legislature could make and then the reaction to

 

      3      that would show up.

 

      4                MS. DEVIN:  As a follow-up there are

 

      5      inequities of slightly less magnitude or greater than,

 

      6      much greater than slight.  For example, just having

 

      7      been through a young person trying to move back to

 

      8      Wyoming who is a close friend looking at housing in

 

      9      Cheyenne versus housing in Laramie, there is a 10 to 15

 

     10      thousand dollar difference from what you get for a

 

     11      house in Cheyenne versus Laramie.  So there are other

 

     12      communities to a much less extent are affected by

 

     13      that.  I would like to come to something more equitable

 

     14      if we can.

 

     15                MR. SCOTT:  Madam Chairman, what

 

     16      Representative Mcomie was suggesting was essentially

 

     17      the senate proposal last time but clearly violated the

 

     18      court decision and the house didn't choose to go along

 

     19      with it.  So you have that problem of the court

 

     20      decision.  The problem I think is you get into some of

 

     21      these areas, and take this school district, this is

 

     22      what, second worst funded in the state on a student

 

     23      base.  I think Cheyenne is worse than you are, but

 

     24      second only to Cheyenne.  And Jackson is the one of the

 

     25      better ones.  And a good part of that difference is the

 

 

 

 

 


 

                                                                47

 

 

      1      cost of living.

 

      2                Now, I thought the MAP was fairly persuasive

 

      3      and the court just simply didn't understand the

 

      4      consequences of what they did with the cost of living.

 

      5      Be that as it may, we got that.  How expensive would it

 

      6      be to make this, and would it be feasible to make the

 

      7      Star Valley as a 15th point in the cost of living?

 

      8                MR. GODBY:  Be 28th point.  There is 27 towns

 

      9      in the city sample.  That was one of the first things,

 

     10      there were some helpful letters sent to me from county

 

     11      district two.  But to be honest it's kind of a no

 

     12      brainer to see Afton is larger and growing faster and

 

     13      has enough facilities here that you could easily sample

 

     14      Afton as a 28th point.  Now once you get past that and

 

     15      saying do you want to take a county average, then

 

     16      Afton, I mean if you find that Afton is very expensive

 

     17      in Lincoln and Kemmerer is much less expensive, taking

 

     18      a county average wins for Kemmerer and loses for

 

     19      Afton.  So that becomes kind of a problem with do you

 

     20      break Lincoln into two and at some point say school

 

     21      district number two gets the Afton adjustment based on

 

     22      the Afton cost of living and Kemmerer would affect

 

     23      number one and also the other school district in that

 

     24      end of the county.  Again that comes down to site

 

     25      selection and what should be included in the general

 

 

 

 

 


 

                                                                48

 

 

      1      issue of where do you sample and where do you stop in

 

      2      order to get a better understanding of what the cost of

 

      3      living is in Wyoming.

 

      4                As far as cost for that I'm not sure.  Justin

 

      5      could probably give you a better idea of what it costs

 

      6      to add an additional point in the survey.

 

      7                MR. BALLARD:  To add another city on the

 

      8      margin of one, like Afton or something like that, which

 

      9      Rob and I talked about which is probably fair to do.

 

     10      It would not be that much more at all.  We would have

 

     11      to hire another enumerator, train them, and then to

 

     12      actually incorporate it within the logistics of the

 

     13      index when I put it together.  It shouldn't be that

 

     14      difficult actually.  So on both ends it should be

 

     15      feasible definitely.

 

     16                MR. SCOTT:  If you did that that might solve

 

     17      some of the inequity here in this school district.

 

     18                MR. BALLARD:  Particularly if you were to

 

     19      have a north Lincoln and south Lincoln and then you

 

     20      would have instead of 24 counties listed you would

 

     21      have, or 24 entities which would be the counties, you

 

     22      would have 25, and there would be 28 cities priced

 

     23      because in four counties we price two cities.

 

     24                MR. SCOTT:  The way it works now what we're

 

     25      actually using in the model is different for each

 

 

 

 

 


 

                                                                49

 

 

      1      county; is that how it works?

 

      2                MS. BURNS:  Right now we take, it's combined,

 

      3      each school district is assigned certain counties or

 

      4      grouping of the price sets that will come out of the

 

      5      economic analysis, division of economic analysis, so

 

      6      essentially each school district has been primarily

 

      7      assigned a county, WCLI index, if it was published that

 

      8      way.  They're assigned, it's according to I believe a

 

      9      certain statute, I can't remember it, regarding

 

     10      property taxes in the state.  And that links different

 

     11      sites to the county.  And we follow that same course

 

     12      with the WCLI regarding school districts.  So it's

 

     13      obviously a very complicated answer I just gave.  I

 

     14      apologize.

 

     15                MR. SCOTT:  I didn't understand the answer.

 

     16      Does each school district in the county, do all Fremont

 

     17      County school districts have the same cost of living

 

     18      index assigned?

 

     19                MS. BURNS:  I believe that is true.  I can

 

     20      double-check that.  You have two sites in Fremont

 

     21      County, Lander and Riverton.

 

     22                MR. BALLARD:  Riverton and Lander.

 

     23                MR. SCOTT:  Does our school adjustment use a

 

     24      different one for the Lander district, than the

 

     25      Riverton?

 

 

 

 

 


 

                                                                50

 

 

      1                MS. BURNS:  I do not believe it does.  I

 

      2      believe it uses a combined index based on those two

 

      3      sites for the Fremont County school districts.  It is

 

      4      seven school districts in Fremont County receive the

 

      5      same price index, although the prices were collected

 

      6      both from Lander and Riverton.

 

      7                MS. DEVIN:  That raises the question when you

 

      8      get into, for example, I wish I had the map in front of

 

      9      me that we had for the school facilities piece, but you

 

     10      get into the Big Horn Basin where you have the very

 

     11      interesting patterns that I guess historically went

 

     12      over to give everybody a piece of certain oil patches.

 

     13      But it makes for some borders that would just defy

 

     14      description otherwise.  How are those numbers done?

 

     15                MS. BURNS:  Justin is best to answer Big Horn

 

     16      County.

 

     17                MR. BALLARD:  Right now although we priced 27

 

     18      cities we produce an index number for 24 counties.  In

 

     19      Big Horn County, in Fremont County, in Sweetwater

 

     20      County and Fremont County we price two cities.  When I

 

     21      get that data I put them in the same sheets.  We

 

     22      population weight each city's price and then come up

 

     23      with one county price for those counties.  So although

 

     24      we price two cities we get one county price.  And then

 

     25      I think that every school district that is in the

 

 

 

 

 


 

                                                                51

 

 

      1      county it's assigned that county's index number.

 

      2                MR. SCOTT:  You several times said 24,

 

      3      there's 23 counties, you have a county --

 

      4                MR. BALLARD:  I'm sorry, 23.

 

      5                MS. DEVIN:  So then is it your office that

 

      6      assigns the school district, are you the individuals

 

      7      who link the school district with this number?

 

      8                MR. BALLARD:  I just produce the Wyoming cost

 

      9      of living index with the comparative inflation index,

 

     10      and we send it off.

 

     11                MS. DEVIN:  Then when it goes over, Mary, for

 

     12      your work you have to use their piece to give each

 

     13      district an assignment?

 

     14                MS. BURNS:  That is correct.  By law it is a

 

     15      published index for each of the counties.  So if I can

 

     16      apologize to Senator Scott.  The answer is each school

 

     17      district will fall into their county published index

 

     18      based on the six periods of publications.  That is by

 

     19      the statute we have in the school finance.

 

     20                MS. DEVIN:  I want to give the public an

 

     21      opportunity.  But does the committee have further

 

     22      questions?

 

     23                MR. SCOTT:  It seems then if dealing just

 

     24      with the inequity with regard to this school district

 

     25      the separating north and south Lincoln is quite a bit

 

 

 

 

 


 

                                                                52

 

 

      1      to solve that problem.  It doesn't help the

 

      2      discrimination against all the other districts in the

 

      3      state, which is where the rest of the problem of the

 

      4      WCLI is.

 

      5                MR. GODBY:  That's exactly right.  Trying to

 

      6      fit a number generated to answer a different question

 

      7      to this question.  And that was what I was trying to

 

      8      get at with what do we do, do we average the numbers in

 

      9      Lincoln, that's the simple way.  Is that fair to Afton?

 

     10      Kemmerer probably wouldn't object.  But that's an

 

     11      issue.  How the MAP model uses a regional difference

 

     12      mechanism or how the school funding model uses a

 

     13      regional difference mechanism is outside of this

 

     14      study.  What I'm trying to find out is just what are

 

     15      the actual cost of living differences.  As far as

 

     16      trying to identify one from every school district that

 

     17      would be probably very difficult.  The data probably

 

     18      just isn't there.  We're talking about some really

 

     19      small populations some places where there is not even a

 

     20      shopping center possible that could answer, price every

 

     21      item you need to price in the index to get a cost of

 

     22      living.  And again who is holding them to shop only in

 

     23      their district.  And so that's probably part of the

 

     24      rationalization for at least imposing a county value on

 

     25      the school districts in the county.  Again at best it's

 

 

 

 

 


 

                                                                53

 

 

      1      just one way you could set it up.

 

      2                MR. SCOTT:  I don't think anybody wants you

 

      3      to do a separate one for each school district.  You

 

      4      said several times that the Wyoming cost of living

 

      5      index is being used in the school finance model for a

 

      6      purpose other than it was produced for.  Could you

 

      7      elaborate on what its original purpose is and how using

 

      8      it for school finance purposes is troublesome given the

 

      9      way it's --

 

     10                MR. GODBY:  -- the way it's set up.

 

     11                MR. SCOTT:  Yes.

 

     12                MR. GODBY:  I can't answer why it was

 

     13      produced.  Justin probably can.

 

     14                MR. BALLARD:  It was set up back in the late

 

     15      1970's.  It's been around a while.  And initially I

 

     16      think it produced a comparative index.  That was when

 

     17      Gillette was booming, so they wanted to give them an

 

     18      adjustment back then.  And kind of evolved, and now we

 

     19      have the inflation index.  So from the perspective of

 

     20      our office it's just kind of a general indicator,

 

     21      economic indicator not only of the regional differences

 

     22      in cost of living, we can pick up certain things like

 

     23      the boom in the northeast of the state.  You see

 

     24      increases in the housing prices, kind of an explainer

 

     25      of that.  Also for the inflation index, where we do the

 

 

 

 

 


 

                                                                54

 

 

      1      statewide average inflation and also regional

 

      2      inflations.  Within that you can pick up different,

 

      3      things interested in consumers, increases in utility

 

      4      costs, translating to increased inflation.  That's what

 

      5      it was there for.  A lot of people use it to adjust

 

      6      rents, rental items written in the contract.  It's just

 

      7      kind of a general economic indicator.  It's one of the

 

      8      few original Wyoming produced data where we actually

 

      9      priced, it's Wyoming data.  So it's kind of unique in

 

     10      that way and kind of why we kept it going.

 

     11                MR. GODBY:  It's important to continue with

 

     12      the second part of the question was why does it exist

 

     13      and what's wrong with it.  It was derived in the 1970's

 

     14      using, trying to be based on a model that the consumer

 

     15      price index used, the federal government collects.  And

 

     16      because of that the way that the Wyoming cost of living

 

     17      index was defined it was meant to measure cost of

 

     18      living across the state for everybody.  This gets into

 

     19      the technical issues, but the Wyoming cost of living

 

     20      index prices 140 items.  They get a price every month

 

     21      for 140 items, or every six months, I should say.  From

 

     22      that they assign an expenditure rate.  The average

 

     23      person how much of their household budget is in each of

 

     24      those.  Those weights come from the federal government

 

     25      and the consumer price index survey.  Consumer price

 

 

 

 

 


 

                                                                55

 

 

      1      index uses an average that's mostly urban and is over

 

      2      all consumers including part-time workers or

 

      3      unemployed.  So an easy tweak is just to look at those

 

      4      weights, are they appropriate in this basket of goods,

 

      5      do they represent what a Wyoming consumer's expenditure

 

      6      looks like.  We don't know that answer.

 

      7                One of the obvious things that has to be done

 

      8      if you really want to improve this index would be to a

 

      9      consumer expenditure survey in the State of Wyoming

 

     10      using the same methods that the federal government

 

     11      uses.  That would be expensive.  I don't know how

 

     12      expensive.  I haven't asked anybody that.  But that's

 

     13      one way to do it.

 

     14                The other thing is just the subsample you use

 

     15      in the federal index.  If you're looking at personnel

 

     16      costs in education, for example, teachers and

 

     17      administrators, these aren't part-time people and they

 

     18      aren't unemployed.  An unemployed person probably has

 

     19      things like necessities; food, housing, a much higher

 

     20      proportion of their expenditures than say what is --

 

     21      there is a second set that the federal government

 

     22      creates called the CPIW for wage earners and salaried

 

     23      workers.  It turns out that the WCLI is not that

 

     24      sensitive to changing the weights from all the

 

     25      consumers to the subset that are salaried.  But that's

 

 

 

 

 


 

                                                                56

 

 

      1      one of the problems with doing this.  But there are

 

      2      other issues with using federal numbers the way the

 

      3      WCLI does.  And I mean I could bore you on how it

 

      4      changes the numbers in the things so you could see that

 

      5      on paper, but the bottom line is that it's not clear

 

      6      that any federal number samples a consumer set that is

 

      7      representative of Wyoming.  And so specific

 

      8      recommendation, probably number one is we need to do a

 

      9      consumer expenditure survey in the State of Wyoming to

 

     10      define what the average consumer in Wyoming purchases

 

     11      to determine whether that is actually different from

 

     12      the average consumer in the United States.

 

     13                MS. SESSIONS:  You said something interesting

 

     14      to me, you said that you were given the job with, this

 

     15      part of it, but that you knew how they used it in the

 

     16      MAP model is a whole different issue.

 

     17                MR. GODBY:  Right.

 

     18                MS. SESSIONS:  They use the regression, I

 

     19      don't know if it's called a model or whatever method or

 

     20      whatever, why would you have to use that?  Is that the

 

     21      only way you can use --

 

     22                MR. GODBY:  Sorry, are you asking how the MAP

 

     23      model uses the WCPI numbers?

 

     24                MS. SESSIONS:  If you have a regression

 

     25      method or regression model why would you have to use

 

 

 

 

 


 

                                                                57

 

 

      1      that?  Is there another way you can use the information

 

      2      you have and define a cost of living for the model?  Do

 

      3      you have to do it the way they did it?

 

      4                MR. GODBY:  I think what you're asking me is

 

      5      do we have to use the MAP model, or at least that part

 

      6      of the MAP model that tries to deal with regional cost

 

      7      adjustments, right?

 

      8                MS. SESSIONS:  No.  Do you have to use the

 

      9      method they used in the MAP model?  Do you have to take

 

     10      the numbers you give them and use it the way they used

 

     11      it in the MAP model?

 

     12                MR. GODBY:  Probably not, but I'm not

 

     13      familiar with how they actually use it.  What I've done

 

     14      is try to identify regional cost differences, in

 

     15      particular cost of living differences.  How that's

 

     16      built into the model is not what I looked at, so to be

 

     17      honest with you I can't say.

 

     18                MS. SESSIONS:  Just to follow up.  Why, I

 

     19      guess the problem I have with what it did with the MAP

 

     20      model why would you have to use, why would you have to

 

     21      take 20 million dollars away from everybody else to

 

     22      identify your high cost areas?

 

     23                MS. DEVIN:  I think maybe I can answer that,

 

     24      but, Mary, would you listen and back me up.

 

     25                The reason that happened is because when we

 

 

 

 

 


 

                                                                58

 

 

      1      went through the MAP model the first go we came up with

 

      2      the figure that looked at the statewide average, and it

 

      3      was decided in just looking at it that that didn't get

 

      4      enough money out to schools.  So the first go-round we

 

      5      went with the high.  We went in and took Albany and

 

      6      Laramie.  And they are two of the highest in the state

 

      7      next to Jackson, and we brought everyone up to that

 

      8      level.  And that was arbitrary.  And it raised everyone

 

      9      higher than the statewide average would have originally

 

     10      done.  But it seemed like a more palatable number.

 

     11                The court struck that down and said you had

 

     12      to use the real number.  That then in fact when we came

 

     13      from where we had arbitrarily placed everybody looked

 

     14      regressive and dropped them down in many cases.  It

 

     15      didn't drop all of us down.  Some of us got up, some

 

     16      got down.  It did all kinds of things.  But there was a

 

     17      huge group, particularly small districts because of the

 

     18      lower cost of living affected it.

 

     19                Mary, can you add to that?

 

     20                MS. BURNS:  Madam Chairman, you described it

 

     21      we used to have the old base as the Cheyenne Laramie

 

     22      school districts because at one point MAP was

 

     23      considering in the older model using the average

 

     24      salaries of the teachers in that model group, Laramie

 

     25      and Cheyenne.  In fact the model became the state

 

 

 

 

 


 

                                                                59

 

 

      1      average for salaries.  This is what the regional cost

 

      2      of living adjustment actually affects.  It's 85 percent

 

      3      of the dollars for ADM is just multiplied by the index

 

      4      value they now are achieving on a statewide average.

 

      5      It was actually a help legislatively when you came in

 

      6      and said we use the statewide average.  That was also

 

      7      the MAP recommendation I believe the committee

 

      8      adopted.  As opposed to using the average of the index

 

      9      based upon Cheyenne and Laramie.  So instead of the 20

 

     10      million dollars we originally showed from staff records

 

     11      and 23 million dollars, it became more like half of

 

     12      that because we used the true statewide average.  So

 

     13      the variation between the lowest and the highest might

 

     14      have been a little bit tempered by using the statewide

 

     15      average.  It helped the lower index districts or

 

     16      counties by doing the statewide average.

 

     17                So it did change things greatly when we added

 

     18      the housing and medical components into the model.

 

     19      That sends it all over, the housing.  That really

 

     20      skewed things and then when the court required -- that

 

     21      didn't skew it, it brought it back to what some people

 

     22      saw as very real, but it definitely altered the figures

 

     23      when we brought housing and medical in.

 

     24                MS. SESSIONS:  Just one more thing.  When you

 

     25      look at the figures you're working, are you considering

 

 

 

 

 


 

                                                                60

 

 

      1      the medical costs of people that travel as well as just

 

      2      you referred to purchasing or going to shopping?  I

 

      3      think a bigger issue is the medical costs they have

 

      4      too.

 

      5                MR. GODBY:  The Wyoming cost of living index,

 

      6      and Justin could be more precise, how they price

 

      7      medical services is they price particular procedures,

 

      8      and they identify a specific procedure and they find

 

      9      out the actual cost that the hospital charges for that

 

     10      under a certain code.  And that's how it's added in.

 

     11      So it's not exactly like you go shopping and you buy

 

     12      medical services as well.  That and housing are done

 

     13      differently than say normal goods like a TV and

 

     14      T-shirts.

 

     15                MS. SESSIONS:  Do you use just hospitals

 

     16      within Wyoming or take into account in your rural areas

 

     17      where you have to go distances and going other places

 

     18      often times out of state because there is nothing in

 

     19      state?

 

     20                MR. BALLARD:  All the items we price are in

 

     21      Wyoming; that would include the hospitals.

 

     22                MR. GODBY:  Something else, and this is again

 

     23      getting back to what the cost of living is for the

 

     24      average person in Wyoming, what we want to do is use

 

     25      the WCLI to identify cost differences in personnel

 

 

 

 

 


 

                                                                61

 

 

      1      costs what you're going to have to compensate somebody

 

      2      to come work for you in a particular area.  Since the

 

      3      school districts offer benefits it's not really clear

 

      4      that costing procedures is a proper way to go about

 

      5      trying to figure out what the medical cost is for a

 

      6      school teacher versus an average person in Wyoming, so

 

      7      that's another issue.  How should you define a cost of

 

      8      living index that's going to be used for a school

 

      9      teacher versus the average person, somebody that maybe

 

     10      doesn't have a medical plan?  And again that's another

 

     11      set of recommendations.  Should we change the basket of

 

     12      goods different from the average person in Wyoming?

 

     13                MR. PECK:  You gentlemen are number

 

     14      crunchers, I take it.  And I wonder if we're really

 

     15      looking at the full picture here.  You say you have 140

 

     16      items you price every time you take the cost of living

 

     17      index.  Do you have an amenities adjustment for the

 

     18      community?  Do you have an aura index?  Do you have

 

     19      vista factor?   Do you have a magnet mitigator?

 

     20      Obviously if all the factors were the same then people

 

     21      would be just as anxious to settle in the Midwest as in

 

     22      Jackson Hole.

 

     23                MR. GODBY:  As long as they were compensated

 

     24      for any differences in those areas, right.

 

     25                MS. DEVIN:  Before you answer that question

 

 

 

 

 


 

                                                                62

 

 

      1      it leads to one that a teacher brought to me.  And I

 

      2      don't think there is any way we -- certainly they

 

      3      observed a factor out there.  And that what they saw as

 

      4      inequity, came from Goshen County, raised the issue and

 

      5      said you know if I invest in a home in Goshen County in

 

      6      a small town I will be very lucky to retrieve the price

 

      7      out of there that I actually paid for the house.  If

 

      8      you go to Saratoga right now and for many years with

 

      9      the logging industry devastated you're lucky to be able

 

     10      to sell your house.  What they saw as an inequity, you

 

     11      go to a growing area you get compensated in an area

 

     12      like Jackson or an area where it's growing and they

 

     13      said this is a whole new retirement plan with the

 

     14      growth in value of that piece of profit that I am not

 

     15      experiencing that this other teacher is experiencing.

 

     16      And they said, you know, you can talk about salary

 

     17      forever, but the magnitude of that inequity and the

 

     18      growth in value of that housing investment if you're

 

     19      going to pay for the state is tremendous.  They had a

 

     20      point.  How do we address that?

 

     21                MR. GODBY:  It's a tough one.  What Senator

 

     22      Peck was describing is when I teach my principles of

 

     23      economics classes we talk about how you generate the

 

     24      cost of the consumer price index or the cost of living

 

     25      as the two most important indicators in the area would

 

 

 

 

 


 

                                                                63

 

 

      1      be incomes or output in an area and the prices they are

 

      2      facing in an area.  With respect to the amenities and

 

      3      things like that if we're talking about a house in

 

      4      Jackson versus a house in Rawlins and imagine they're

 

      5      each a thousand square feet, single level, I've already

 

      6      put two caveats on there; I've tried to make it so that

 

      7      we're comparing apples to apples.  Trouble is we have a

 

      8      Granny Smith versus a McIntosh.  What you're talking

 

      9      about is assuring that the quality of the good we're

 

     10      looking at, whether it's a house that may be impacted

 

     11      by amenities or a T-shirt is identical, I'm looking at

 

     12      the same thing in each place.  That's a big issue with

 

     13      the federal numbers and with the Wyoming numbers.  And

 

     14      it could be improved on in the Wyoming numbers.

 

     15                And there are some ideas we might be able to

 

     16      get.  For example, when you look at the numbers in the

 

     17      Wyoming cost of living index that come from a

 

     18      two-bedroom house, for example, those numbers come from

 

     19      either newspaper, classifieds, advertising or rent

 

     20      because what we're looking at, we're not looking at

 

     21      acquiring a house.  We're looking at how much it cost

 

     22      you to get the service of living in the house.  So both

 

     23      the federal and the state numbers look at the services

 

     24      you get from the house.

 

     25                When you look at the numbers in the

 

 

 

 

 


 

                                                                64

 

 

      1      classifieds and you look at Rawlins and Jackson, in

 

      2      addition to the fact one might look at the Tetons and

 

      3      the other doesn't, you have the fact the house in

 

      4      Rawlins was probably built in 1920 or 1930 and the

 

      5      house in Jackson was built in 1980, one might be bigger

 

      6      than the other.  You have none of those controls to

 

      7      make sure you're comparing apples to apples.  Part of

 

      8      getting around the difference in cost is that the

 

      9      houses are probably a lot different.  They are a lot

 

     10      different in Jackson than other parts of the state.

 

     11      They're newer, in a lot of cases.  That even happens in

 

     12      Lincoln County.  I mean Wade Hershey provided me some

 

     13      data trying to back up, didn't have to work as hard to

 

     14      try to sell the idea that Afton shouldn't be compared

 

     15      to Kemmerer.  It's easy to see.  Afton houses are much

 

     16      newer than those in Kemmerer.

 

     17                As far as the amenity when you start to talk

 

     18      about the aura and things like that, that's a lot

 

     19      tougher to catch.  So there are two issues you're

 

     20      bringing up.  One is the quality change and what you're

 

     21      actually getting when you live in a certain place.

 

     22                With respect to buying into a retirement

 

     23      savings plan, for example, it's basically what you're

 

     24      getting, you're indicating that is the issue, the

 

     25      double compensation.  We give them more money so they

 

 

 

 

 


 

                                                                65

 

 

      1      can afford a house, but we've given them an investment

 

      2      property as well.

 

      3                Looking at the WCLI if rents prices properly

 

      4      capture housing prices, which in itself is an

 

      5      unresolved issue because the WCLI looks at rents.  In

 

      6      addition to that -- well, the WCLI just creates a

 

      7      number.  And you're exactly right, if we're trying to

 

      8      get them to live in Jackson that's how much it will

 

      9      take, but then that person is faced with a -- well,

 

     10      what that means if you applied the WCLI alone you might

 

     11      be over-compensating them.  So your question is how can

 

     12      we tease that out.  That comes back to yours, how can

 

     13      we tease out the amenities.  I know that MAP struggled

 

     14      with this and tried a couple of different suggestions

 

     15      and they've been shot down.  It's not clear we can

 

     16      because in the end the house in Jackson is in Jackson

 

     17      and the house in Rawlins or wherever is where it is.

 

     18                And that's where alternative methods of

 

     19      trying to get at what the cost of personnel is, which

 

     20      is really what we're going to use the WCLI for, how

 

     21      that would differ from place to place.  There are a

 

     22      couple of different ways to go about that.

 

     23                One of them might be to take an approach of,

 

     24      this is an again going back to number crunching, taking

 

     25      the approach that salaries differ in different places

 

 

 

 

 


 

                                                                66

 

 

      1      because people are willing to take a certain salary to

 

      2      work in a certain place.  They're asking to be

 

      3      compensated.  You can collect data on what the

 

      4      characteristics are in that place and how they differ

 

      5      from another place and how the salaries also differ,

 

      6      and then we're going to use one of your regression

 

      7      analyses, which I know look ugly, but statistically are

 

      8      more than acceptable if they're done right.  We can use

 

      9      that method to come up with a way that might be able to

 

     10      say then now we can control, at least statistically,

 

     11      using assessment data for different things like houses,

 

     12      how big they are, how new they are, which would be

 

     13      better than WCLI's.

 

     14                We can also impose on WCLI a cost adjustment

 

     15      for housing that uses some of those conditions, for

 

     16      example, there was pricing for this on method that was

 

     17      known that you can try to price the value of something

 

     18      based on its characteristics.  These are all technical

 

     19      and I know it's a longer answer than you want, but it's

 

     20      unfortunately in order to even, it's not clear we'll

 

     21      ever be able to untie the amenity value of something

 

     22      from the consumption value.  And all we can do is do

 

     23      our best to make our best guess where the split lies.

 

     24                And I think there's some room to improve,

 

     25      either how you sample housing costs, especially for the

 

 

 

 

 


 

                                                                67

 

 

      1      purpose of education finance or just in general because

 

      2      this is going to be a bias whether we're looking at

 

      3      teachers or everybody in Wyoming in trying to figure

 

      4      out the cost of living.  It might mean -- housing is

 

      5      the elephant in the china shop.  That's the thing

 

      6      that's blowing this out of the water, and also the

 

      7      biggest component and the one that is most questionable

 

      8      at least certain whether that is the true number.

 

      9                So there are two ways to go about it, one is

 

     10      to just avoid sampling like that where we don't know

 

     11      whether that is a true number.  The other way is to do

 

     12      our best to get the true number through better

 

     13      sampling.  So when the report is presented both of

 

     14      those options will be made available, and it's up to

 

     15      people in the senate and here to decide which of the

 

     16      options they like the best and they can look at the

 

     17      cost benefits and hopefully provide some costs for this

 

     18      so you have some idea what you're choosing and how much

 

     19      it will cost you when you choose something.

 

     20                MS. DEVIN:  Representative Shivler, last

 

     21      question before break.

 

     22                MR. SHIVLER:  There is another issue here,

 

     23      especially in Teton County.  Our newer teachers, which

 

     24      most of them are now, the older teachers are selling

 

     25      their homes, and not a windfall, they worked for their

 

 

 

 

 


 

                                                                68

 

 

      1      homes and they sold them for a good price, but the

 

      2      newer teachers can't afford to buy a home.  The issue

 

      3      is more rental.  The fact that capturing the gain is

 

      4      not there.  If you buy a house for 450 thousand there

 

      5      is no guarantee you'll sell it for a million.  In fact

 

      6      with the economy the way is now, it could stabilize or

 

      7      even go down.  So the issue is really rentals.  What

 

      8      we're finding I suspect probably in Lincoln County your

 

      9      newer residents are buying homes because they're a

 

     10      little less expensive.  And I'll also suggest a good

 

     11      portion of them in Teton County.  Just notice the

 

     12      traffic in the canyon you see what I mean.  So I think

 

     13      you're looking again this is apples to oranges.  Folks

 

     14      moving, the newer folks aren't buying houses because

 

     15      they can't afford it.  The cost of living is excessive

 

     16      because the rents are so high.

 

     17                MR. GODBY:  So the idea behind this

 

     18      adjustment was to compensate teachers so they would be

 

     19      willing to work in Jackson or other places.

 

     20                MR. SHIVLER:  View doesn't chew like bread.

 

     21

 

     22                Short break.

 

     23

 

     24                MS. DEVIN:  I do want the public to be able

 

     25      to also comment on this issue because it is statewide

 

 

 

 

 


 

                                                                69

 

 

      1      and local.  But, committee, any further questions

 

      2      before we go to the public?

 

      3                MR. MCOMIE:  Madam Chairman, I would like to

 

      4      see a spread sheet on the cost of living index how with

 

      5      Jackson an outlier in our next meeting.  Throw this out

 

      6      and see how that would affect this because I think you

 

      7      could do that.  It's such an obvious outlier.  The

 

      8      court didn't recognize it as an outlier, but when you

 

      9      put something like that into it.

 

     10                MS. DEVIN:  Mary?

 

     11                MS. BURNS:  If there is a committee request I

 

     12      need to understand.  To just remove Jackson or --

 

     13      everybody get a hundred and Jackson get their

 

     14      adjustment and everybody else won't take a cut?  If

 

     15      Jackson is an outlier, they're not considered in the

 

     16      statewide average?

 

     17                MR. MCOMIE:  Take them out of the statewide

 

     18      average.

 

     19                MS. DEVIN:  So you take them out and you

 

     20      treat them separately.  What do you do with the rest of

 

     21      the state?

 

     22                MR. MCOMIE:  I would like to see a factor,

 

     23      new adjusted factors.  And then the professor would be

 

     24      able to use that information too as to whatever he

 

     25      comes up with and try to make it better.  But with

 

 

 

 

 


 

                                                                70

 

 

      1      Jackson in here I think we need to deal with it.

 

      2      Representative Shivler tried really hard to get us, get

 

      3      Jackson extra money and we all kind of fu-fued it, and

 

      4      I think I voted for you in the last amendment because I

 

      5      felt sorry for him, he tried so hard.

 

      6                MR. SHIVLER:  You should have voted for me in

 

      7      the last election.

 

      8                MR. MCOMIE:  I should have moved, huh.

 

      9                MS. DEVIN:  Mary, you need to continue to ask

 

     10      questions because when you get ready to compute, it's

 

     11      more complex than this.

 

     12                MS. BURNS:  May I just work with

 

     13      Representative McOmie on this run?  I think it will be

 

     14      a good example of what the committee has been talking

 

     15      about.  I need to work with him to see what factors he

 

     16      wants to use.

 

     17                MR. MCOMIE:  I think Senator Scott -- did you

 

     18      have a similar question request at the legislature?

 

     19                MR. SCOTT:  Madam Chairman, I have a little

 

     20      trouble understanding this.  And related to

 

     21      Representative McOmie's question I want to ask, the way

 

     22      this works in the finance formula does what the rest of

 

     23      the state, does it make any difference what happens in

 

     24      Jackson how much the rest of the state gets?  In other

 

     25      words, is somehow is there a statewide average that if

 

 

 

 

 


 

                                                                71

 

 

      1      you take Jackson out you get a different average?

 

      2                MS. BURNS:  I believe that is the case.

 

      3      Justin could explain.

 

      4                MR. BALLARD:  Madam Chairman, if you were to

 

      5      take Jackson out, pretend it's not there and re-run the

 

      6      remaining counties less Jackson and then redo the index

 

      7      that way is what you're talking about.

 

      8                MR. MCOMIE:  Yes.

 

      9                MS. DEVIN:  Does that answer you?

 

     10                MS. BURNS:  What would you do for Jackson as

 

     11      their adjustment?

 

     12                MR. MCOMIE:  I believe the legislature is

 

     13      going to be held hostage by the Supreme Court and Teton

 

     14      County to deal with Jackson fairly.

 

     15                MS. BURNS:  Okay.

 

     16                MR. MCOMIE:  Whatever they determine to be

 

     17      fair.

 

     18                MS. DEVIN:  Mary, are we asking a doable

 

     19      request here?

 

     20                MS. BURNS:  If I'm able to get new index from

 

     21      Justin's office I certainly can put something together

 

     22      that we can explain and show the differences.

 

     23                MS. DEVIN:  At least take a look at.

 

     24                MS. BURNS:  Exactly.

 

     25                MR. LOCKHART:  I have a question.  We sat

 

 

 

 

 


 

                                                                72

 

 

      1      through numerous criticism using this particular cost

 

      2      of living index here from all fronts.  Is there any

 

      3      other indexes out that that could be used to meet the

 

      4      Supreme Court's directive of cost of living adjustment

 

      5      that you know of?

 

      6                MR. GODBY:  I'm sorry to answer probably not.

 

      7                MS. DEVIN:  Other questions before we open to

 

      8      the public?  Then I would like to take in public

 

      9      comment, public questions.  We're really here to hammer

 

     10      this out, at least at the working phase.  There are

 

     11      going to be other opportunities to comment, but as

 

     12      pieces need to go into this work the committee and our

 

     13      people working on it need to hear your comments.

 

     14      Anyone like to speak?

 

     15                MR. TOLMAN:  Ron Tolman, Superintendent

 

     16      Lincoln County School District.  I would say regardless

 

     17      of whether you take Jackson out or not you have a

 

     18      situation with districts like ours next to Jackson and

 

     19      you have to account for that somehow.  We have to

 

     20      compete for the same teachers.  They come in our

 

     21      interview room and go to the Jackson interview room.

 

     22      They're able to offer 10, 12 thousand dollars more, 4

 

     23      or 5 thousand dollars more.  They will live in Alpine

 

     24      and work in Jackson.  You have to help us there

 

     25      somehow.  You can't take the idea of Jackson completely

 

 

 

 

 


 

                                                                73

 

 

      1      out.

 

      2                MR. SHIVLER:  Tom is right.  That is also a

 

      3      two-edged sword, not only will the teacher work in

 

      4      Jackson, but the husband and wife also.  They're

 

      5      providing housing and services and Jackson gets the

 

      6      benefit of the teachers.

 

      7                MR. GODBY:  Colorado, part of Colorado does

 

      8      it, for example, somebody were to live outside of Afton

 

      9      because they couldn't afford to live there, Colorado

 

     10      actually does a cost of living index at the zip code

 

     11      level.  They consult to do that.  It's really

 

     12      expensive.  Statistically speaking it's probably really

 

     13      noisy too.  In fact because the sample problems would

 

     14      be so severe probably aren't getting a reasonable

 

     15      estimate, at least one that you normally accept with

 

     16      certain confidence of error.  In Wyoming that would be

 

     17      impossible to do.

 

     18                And it works both ways.  What about the

 

     19      teacher who decides to give up a bigger proportion of

 

     20      their income and lives in Jackson.  The way Colorado

 

     21      does it they try to come up with an average person,

 

     22      where do they live, so they actually take teachers'

 

     23      residences into account in the adjustment.  It is not

 

     24      clean.  This won't -- you can't solve every problem

 

     25      with this.  And you're always going to have this

 

 

 

 

 


 

                                                                74

 

 

      1      problem if people are willing to put up with the travel

 

      2      time.  And it has to do with different people with

 

      3      different preferences.  If they were all the same it

 

      4      would make it a lot easier.

 

      5                MS. DEVIN:  Mr. Larson.

 

      6                MR. LARSON:  Number one, there is a lot of

 

      7      misconception about what the regional cost of living is

 

      8      and does.  I've heard them here today.  But having

 

      9      spent a lot of time on this for obvious reasons and

 

     10      also on the external cost adjustment, which is not this

 

     11      adjustment, but the external cost adjustment, which we

 

     12      try to use as an inflation tool on appropriations, let

 

     13      me assure all of you none of what's going to come out

 

     14      of this study, none of what comes out of the

 

     15      government, federal government is precise.  It is

 

     16      probably about as imprecise as anything we can come up

 

     17      with.  When we do the external cost adjustment we found

 

     18      out if you take one, if you use Rocky Mountain you get

 

     19      Denver and a couple of big cities in and it skews

 

     20      things clear off the charts over what we really feel is

 

     21      adequate for Wyoming.  So we have gone to something

 

     22      like a north central region, urban areas excluded,

 

     23      etc., etc.

 

     24                So to begin with don't expect what they come

 

     25      up with or what you come up with or anything else to be

 

 

 

 

 


 

                                                                75

 

 

      1      very precise because it isn't going to be.  I also

 

      2      don't think that the court expects it to be precise.

 

      3      But the court I think made it very clear and in all

 

      4      deference to Representative McOmie that picking a hunk

 

      5      of money and saying that's it isn't what they said.  I

 

      6      think Senator Scott was absolutely right, that's not

 

      7      what the court intended.  They want to know they cost,

 

      8      not a figure that we say we're going to do Jackson.

 

      9      Solving Jackson's problem won't handle this district.

 

     10      Probably isn't going to help Sublette County, although

 

     11      they'll have expanding in a year, so I'm not sure it

 

     12      matters.

 

     13                Nevertheless, those kind of problems are not

 

     14      going to necessarily clearly be solved by pulling

 

     15      Jackson out, nor do I think the court will allow.

 

     16                The other thing is adding Jackson housing

 

     17      costs did not cause the other districts to lose money.

 

     18      Original one was put in and, Mary, correct me if I'm

 

     19      wrong, but I think it was put in at 104 percent going

 

     20      to everybody, even those that may have been only at 96

 

     21      percent.  So what caused the other to lose money was

 

     22      taking it back to l00 percent and some were even going

 

     23      to go below that.  It really didn't have anything to do

 

     24      with adding Jackson into the mix.  It takes the full

 

     25      cost when we've previously been funding them 104

 

 

 

 

 


 

                                                                76

 

 

      1      percent even those that may have been at 96 percent,

 

      2      but that meant a decrease in previous funding.  So

 

      3      putting Jackson in there gave us more money, but it

 

      4      wasn't because of other districts losing their money.

 

      5                I mentioned this CPI, how imprecise that is.

 

      6      That's the federal government tweaking that sucker for

 

      7      what, 40, 50 years?  They don't know how to do it.

 

      8      Another thing to remember, and this is not used to

 

      9      dictate the amounts, the amounts come out of the

 

     10      formula.  This is used for having relative values.

 

     11      When they come out, it comes out a dollar number, but

 

     12      it's still an amount that comes out for relative

 

     13      value.

 

     14                It was mentioned that school teacher in

 

     15      Jackson that invested in a house and she or he will be

 

     16      able to sell it for a lot more money, and that's

 

     17      something a person in Goshen County didn't have.  I

 

     18      think all of you have heard, if you've been here long

 

     19      enough, my spiel on property taxes.  Tell the lady from

 

     20      Goshen County if she's willing to pay two to three

 

     21      thousand dollars more per year for the same size house

 

     22      on the same income for 20 years there goes your equity

 

     23      built up.  That's what happens because the appraisal

 

     24      value, the way we do the property taxes means that the

 

     25      identical house, and many of you have heard it, the

 

 

 

 

 


 

                                                                77

 

 

      1      identical house on two square lots in town, Goshen

 

      2      County versus Teton with our taxes going to schools,

 

      3      that lady in that house in Teton County will pay about

 

      4      24 to 28 hundred dollars a year in taxes to schools.

 

      5      The same person in Goshen County will pay four

 

      6      hundred.  Now that eats up a lot of your equity growth

 

      7      paid over the years.  And so when you look at the value

 

      8      of houses and say, that's a windfall; not so.  They

 

      9      will have been supporting Wyoming schools perhaps six

 

     10      times larger than the person with identical means and

 

     11      living in an identical house in another county.  So

 

     12      that just doesn't wash.

 

     13                All the other stuff in there, taxes and so

 

     14      on, eat up any equity you may have.  And I may submit

 

     15      as Representative Shivler said last year those values

 

     16      may even have gone down.  So it isn't a guarantee.

 

     17      It's a guarantee in an up market, but all those years

 

     18      you paid property taxes on that are eat up an awful lot

 

     19      of what your gain was.

 

     20                I would suggest that trying to come up with

 

     21      something that is more reasonable without the

 

     22      expenditures that we're talking about I would hope

 

     23      would be the course this committee of the legislature

 

     24      would take.  We're not going to get a perfect system.

 

     25      I think doing some things that are doable in Wyoming

 

 

 

 

 


 

                                                                78

 

 

      1      should be where we should be headed.  As an example, as

 

      2      you heard testimony it isn't going to be a big deal if

 

      3      you have an enumerator for north Lincoln County and

 

      4      south Lincoln County.  I think these gentlemen would be

 

      5      capable of deciphering where these large differences

 

      6      exist and adding a few more enumerators, coming up with

 

      7      a more comprehensive Wyoming cost of living adjustment

 

      8      really is the answer.  Number one is it isn't going to

 

      9      be re-inventing the wheel or cost more, as you

 

     10      mentioned the zip code thing, than more than ought to

 

     11      be going to schools rather than gathering figures and

 

     12      doing that kind of thing.  I think you can come up with

 

     13      one that is actually pretty representative of what is

 

     14      going to happen.

 

     15                I would hope that is the action that you

 

     16      would take.  The problem in Wyoming, and I think these

 

     17      gentlemen will agree, we sure found out with everything

 

     18      else, the problem in Wyoming is not lack of a system.

 

     19      It isn't lack of being able to come up with a system.

 

     20      It's lack of data.  We have a small population.  We

 

     21      have 500 miles between towns.  We have totally

 

     22      different economic situations.  And the cost is going

 

     23      to come in the collection of debts.  And if we start

 

     24      getting into something we'll say is the end all, it's

 

     25      going to there; number one, the federal government has

 

 

 

 

 


 

                                                                79

 

 

      1      found it doesn't work.  They keep tweaking it, fixing

 

      2      it, changing it every year for 40, 50 years, as I

 

      3      indicated.  It will cost us a tremendous amount of

 

      4      money to try to fix the problem.  So I would hope the

 

      5      committee would pursue something that we know isn't

 

      6      going to answer every problem, but answer most of

 

      7      them.  Correct the inequities out there in areas beside

 

      8      Teton County.  And make it something that number one is

 

      9      court defensible because I don't think just saying

 

     10      Teton County is going to get more dollars, it might

 

     11      solve our problem, I don't think the court will buy it

 

     12      and I don't think it meets the other areas you talked

 

     13      about, the differences between Laramie and Cheyenne,

 

     14      some of the other areas in the northwest and so on.

 

     15                But I think there is a way to do it by

 

     16      amplifying the Wyoming cost of living.  You might have

 

     17      to tweak some of the things within that base, as you've

 

     18      indicated, but that isn't going to eat our lunch in

 

     19      trying to create data, isn't going to build a whole new

 

     20      infrastructure just to collect the data to try to do an

 

     21      interpretation.

 

     22                Madam Chairman, thanks for the ability on the

 

     23      committee, but let me re-emphasize adding Teton County

 

     24      didn't take money away from the other districts.  That

 

     25      was caused because we over-funded them in the first

 

 

 

 

 


 

                                                                80

 

 

      1      place over and above that.  So taking Teton County out

 

      2      isn't going to fix that problem.

 

      3                Secondly, it is a data problem primarily, and

 

      4      by doing a little more for data and working on some of

 

      5      the other things within the formula to get more balance

 

      6      to what some of the costs are I think is the cheapest

 

      7      way for the state to go.  I think it's cost defensible.

 

      8        I think the court would buy it.  I think we would

 

      9      have a solution that most everybody would try to agree

 

     10      to live with.  Will it solve every single what if?  No.

 

     11        You talk about the Alpine problem.  It's sorry to say

 

     12      you're providing the goods and services for them down

 

     13      here, but I suggest most of them still do the grocery

 

     14      shopping up there.  You may have cheaper houses down

 

     15      here, but try driving 40 miles a day and see what that

 

     16      does to your cost that isn't included in the housing.

 

     17      So it's not going to solve every problem, but I think

 

     18      if we can get in the ballpark by tweaking what we have

 

     19      be a far more satisfactory result.  Thank you.

 

     20                MR. SHIVLER:  Senator Larson, for my

 

     21      edification the 104 percent is when we brought up the

 

     22      other counties up to Laramie and Cheyenne?

 

     23                MR. LARSON:  My understanding is in order to,

 

     24      when we decided to use the cost of living we pulled

 

     25      housing and medical out, we did that quite frankly

 

 

 

 

 


 

                                                                81

 

 

      1      because it appeared to the legislature, and those of

 

      2      you on the senate side recall that we did have that

 

      3      included in the senate one time and it was taken out in

 

      4      the house, but it was included in there because the

 

      5      differential appeared to be too great.  And so we

 

      6      consciously funded at a higher level and put all

 

      7      counties at that level, even though some of them were

 

      8      maybe well below the level.

 

      9                MR. SCOTT:  I think it's a little more

 

     10      complicated than that because as I remember the

 

     11      testimony of the MAP people that when you took the

 

     12      housing part into consideration you got yourself in

 

     13      trouble because housing costs are both a cost of living

 

     14      that people have and an indication where you have low

 

     15      housing costs that correlates pretty well with areas

 

     16      that people generally judge to be less desirable to

 

     17      live in, so you have to pay them more to get them to

 

     18      come to those communities.  And that was another

 

     19      powerful argument for keeping the housing costs out.

 

     20      And frankly, I think the court didn't understand that

 

     21      idea.  Talk about amenities and all that, and the court

 

     22      didn't buy that part of it.  But I think when you look

 

     23      at it in terms of how the economists proceed, they made

 

     24      a good deal of sense.  The court didn't buy it.

 

     25                MS. DEVIN:  Are there further comments that

 

 

 

 

 


 

                                                                82

 

 

      1      anyone has, particularly the public at this point in

 

      2      time you want to comment on any of these issues?  I

 

      3      think it is a point well made.  We'll do our best, but

 

      4      there are some things as we've all learned you can't

 

      5      legislate perfection and you cannot legislate every dot

 

      6      and cross of an I or T.  It's just there is going to be

 

      7      imprecision, and we need to do our best to be fair.

 

      8                MR. MCOMIE:  I had a question for

 

      9      Superintendent Tolman.  You referenced the different

 

     10      salaries for teachers that are experienced.  Do you

 

     11      have vacancies within Lincoln County Number 2 that are

 

     12      unfilled because of that.

 

     13                MR. TOLMAN:  I would say we've had some that

 

     14      filled rather late and the pool was not as wide as we

 

     15      would have liked for the hiring.  We had one we filled

 

     16      after school started because of that.

 

     17                MS. DEVIN:  I have difficulty right now

 

     18      balancing what our problem is in education because I

 

     19      hear this from every employer in every walk of life.  I

 

     20      just talked the other night to people in our area that

 

     21      have anything to do with you go to any area there is a

 

     22      help wanted out sign out, part of our demographics.  So

 

     23      I'm having a hard time getting a feeling for in

 

     24      education where we are versus the rest of the economy

 

     25      because it's there and the rest.  And we heard the

 

 

 

 

 


 

                                                                83

 

 

      1      scenario when we used to have 20 applicants for a job

 

      2      and now we have four.  If you have four good ones,

 

      3      that's great, didn't need 20, but on the other hand

 

      4      sometimes I hear employers say we don't have anybody.

 

      5      We have three open spots and nobody to fill them.

 

      6      We're all over the map; it's a tough part because our

 

      7      demographics are doing funny things.  We have the baby

 

      8      boomer generation, the new generation coming on.  The

 

      9      diversity, the opportunity is a challenge.

 

     10                MR. TOLMAN:  The only comparison I can give

 

     11      you is when we hired a business manager this year we

 

     12      had that opening in our district, well over 80

 

     13      applicants for one job.  It doesn't happen on any other

 

     14      education, we have over 80 applicants for one position,

 

     15      business.

 

     16                MS. DEVIN:  Any other public comment?

 

     17                MS. SESSIONS:  I was going to make an ornery

 

     18      comment.  Laramie 1 had a policy that your teachers

 

     19      were to live within the district.  And I think we came

 

     20      out with real problems to enforce.  And it used to be

 

     21      because it was much nicer to live in Ft. Collins than

 

     22      in Laramie.  You made more money in Laramie County and

 

     23      you lived in Ft. Collins because it was a wonderful

 

     24      place to live.  Now what's happened is you make more

 

     25      money in Colorado and it's much less expensive to live

 

 

 

 

 


 

                                                                84

 

 

      1      in Wyoming.  So it's kind of flip-flopped.  I know it's

 

      2      been a nightmare to enforce, but that was a policy that

 

      3      you live within the district.  It still is.

 

      4                MS. DEVIN:  Any other comments?  I guess I

 

      5      would ask Justin and Dr. Godby, any other issues you

 

      6      have or other questions you have, any pieces of

 

      7      information you need in addition to continue your

 

      8      work?

 

      9                MR. GODBY:  Not in the next month.  But

 

     10      probably as the study goes on and we may need some

 

     11      data, school district data at the general level

 

     12      possibly.  If that would be made available we might be

 

     13      able to incorporate that quicker.

 

     14                MS. DEVIN:  I'm assuming, Mary, you are the

 

     15      contact person?

 

     16                MS. BURNS:  That would be fine.

 

     17                MS. DEVIN:  If Mary is not the holder of that

 

     18      data she will know who has it.

 

     19                You mentioned one thing before we leave this

 

     20      subject that you have a more complex, a report due to

 

     21      us, a first description of alternatives in October, a

 

     22      final report in November.  Then you have a much more

 

     23      complete report in June?

 

     24                MR. GODBY:  When we wrote the grant proposal

 

     25      the grant proposal indicated that two months was

 

 

 

 

 


 

                                                                85

 

 

      1      probably too short a time to answer these questions and

 

      2      that formally -- what the November report will give you

 

      3      is a menu of choices.  Senator Larson indicated there

 

      4      will be some choice here and you will make some.  And

 

      5      hopefully the later report we'll have time to actually

 

      6      crunch some of those numbers and show you what these

 

      7      different mechanisms or alternatives do in terms of

 

      8      regional adjustment outcomes.  But there is no possible

 

      9      way that can be done by November 1st.

 

     10                MS. DEVIN:  So we're looking at an ongoing

 

     11      piece of work to get anything done.  We will know what

 

     12      the repercussions are.

 

     13                MR. GODBY:  Right.

 

     14                MS. DEVIN:  Thank you.  That was helpful.

 

     15      All right.  Then we'll move on to our next agenda item,

 

     16      which is the preliminary report on our special

 

     17      education study.  Thank you, gentlemen, for your

 

     18      answers.

 

     19                MS. HILL:  Madam Chair, this will be very

 

     20      short.  As you can tell I'm not Dr. Parish.  To recap

 

     21      for the committee what you just decided to do during

 

     22      the last session was look at special education

 

     23      expenditures recognizing that the l00 percent

 

     24      reimbursement was intended to be a possibly a temporary

 

     25      approach to how you fund special education.  Wyoming

 

 

 

 

 


 

                                                                86

 

 

      1      was able to participate in a national study that was

 

      2      being conducted by the American Institute of Research.

 

      3      That is who Dr. Parish works for.  If you recall the

 

      4      department had 250 thousand dollars in its special

 

      5      education funds.  That was matched by a 250 thousand

 

      6      dollar legislative appropriation.  With the goal of

 

      7      collecting extensive data on the cost of delivering

 

      8      special education, analyzing that data and then

 

      9      providing that information with an eye towards the

 

     10      development of a cost-based model or a component that

 

     11      could be plugged in the formula.

 

     12                AIR has spent the last several, not several,

 

     13      few months of -- actually we began that study, let me

 

     14      back up even further.  We began October 1 of last year.

 

     15      So they have spent almost a year working on this.  They

 

     16      have used existing data that has come into the

 

     17      Department of Education.  As an aside that data you

 

     18      will find in the recommendations you get from AIR could

 

     19      use some improvement.  What a surprise.

 

     20                They also surveyed districts and institutions

 

     21      on special education expenditures, and they also have

 

     22      used external data and research that AIR has used in

 

     23      connection with their national work.  A task force of

 

     24      stakeholders was established, special education

 

     25      directors in the school districts as well as other

 

 

 

 

 


 

                                                                87

 

 

      1      national experts.  I believe Senator Sessions also has

 

      2      participated in that process.  The stakeholders group

 

      3      has been very instructive to Dr. Parish, and when you

 

      4      talk to him he will advise you that the community

 

      5      involvement here has been terrific and he's felt good

 

      6      about that.

 

      7                They have met four times, and just to preview

 

      8      some of the things that they are finding which will be

 

      9      fleshed out in far greater detail when he visits with

 

     10      you next month.  The first finding to preview that is

 

     11      the l00 percent expenditures do not appear to be

 

     12      increasing special education costs in the state

 

     13      significantly.  They are finding some variations within

 

     14      districts, and Dr. Parish will want to discuss with you

 

     15      some things that the state may want to do as far as

 

     16      assuring the delivery of services, both level of

 

     17      service as well as assuring that extraordinary services

 

     18      are provided.

 

     19                He will talk to you about guidelines for

 

     20      setting standards for adequate service.  There are, for

 

     21      example, similarly diagnosed students that are

 

     22      receiving one set of services in one school district

 

     23      and another similarly diagnosed child in another

 

     24      district receiving a different set of services without

 

     25      apparent explanations for that.  So part of what he

 

 

 

 

 


 

                                                                88

 

 

      1      will discuss with you next month are setting standards

 

      2      for adequate services and checks and balances in the

 

      3      system to decrease that variability that I just

 

      4      discussed.

 

      5                They are working on issues involving remote

 

      6      locations and the delivery of services in some of our

 

      7      rural, remote schools.  They're looking at

 

      8      recommendations which be will require some time to

 

      9      develop, and that would be the more efficient use of

 

     10      our BOCES around the state in delivery of services.

 

     11      And as I say that is a not a new concept, but would

 

     12      require some expensive work on the part of the

 

     13      legislature to formulize what's been going on.

 

     14                They're looking at an increased role for

 

     15      monitoring and sanctioning districts, increasing

 

     16      trained special education staff at the state level to

 

     17      provide more technical assistance to districts, and

 

     18      they're looking at an emergency fund for unexecuted

 

     19      high-need students.  And that is something that you

 

     20      have discussed in the legislature frequently.

 

     21                All of this is being finalized by AIR, and

 

     22      they'll talk to you about it next week.  So any

 

     23      questions as long as they're not too technical.

 

     24                MR. LOCKHART:  You mentioned sanctions and

 

     25      monitoring.  What do you think that goes to?

 

 

 

 

 


 

                                                                89

 

 

      1                MS. HILL:  That is something that AIR will

 

      2      talk to you, but it deals with discrepancy in services

 

      3      in terms of one district not providing certain services

 

      4      that another district does with children that would

 

      5      appear to need the same services.  One of the things we

 

      6      are also working on is that, and someone will give you

 

      7      a short thumbnail on the role that IDEA, which is the

 

      8      federal law, plays in this whole process.  It is a

 

      9      heavy hand in terms of what is required of our schools.

 

     10                MR. SCOTT:  One thing on the discrepancy in

 

     11      the services I suspect you're picking things beyond

 

     12      this, but you will see some discrepancies of services

 

     13      based on parental desires.  As I understand the special

 

     14      education system what the parent wants has a good deal

 

     15      to do with what the child actually gets.  I do hope

 

     16      that when we're getting excited about that kind of

 

     17      thing they are looking to see is difference in parental

 

     18      desires causing something.

 

     19                MS. HILL:  That would be dictated by those

 

     20      IEP's.  They are aware of how that occurs.  But so this

 

     21      would be beyond that.

 

     22                MS. DEVIN:  Other questions?

 

     23                MR. WOOD:  I'm Rick Wood, Director of Special

 

     24      Education in Lincoln County Number 2.  And I have a

 

     25      real problem with somebody coming up with standards or

 

 

 

 

 


 

                                                                90

 

 

      1      adequate services for special education.  The whole

 

      2      concept of special education is we develop

 

      3      individualized education programs for kids.  The IEP

 

      4      team by federal statute is given the, I guess the call

 

      5      or the duty to determine what is adequate for each

 

      6      individual kid.  Now obviously school districts, if

 

      7      there is a discrepancy in how we're servicing kids,

 

      8      there are other ways to look at that, and maybe it's

 

      9      the monitoring standpoint.  There is a due process

 

     10      built in the law that allows for a parent if they feel

 

     11      like their kid is not being serviced adequately to file

 

     12      a complaint with the state.  So there are some

 

     13      protections there.

 

     14                But I'll tell you right now as a district

 

     15      we're out to 100 percent reimbursement for two years

 

     16      because we're on the hold harmless.  We've had two

 

     17      individual students this fall move into our district

 

     18      who were already placed out of district.  And for the

 

     19      state to come in and say you cannot provide that type

 

     20      of service for this particular kid, that's going to set

 

     21      us up for all kinds of litigation.  That will skyrocket

 

     22      the overall costs for us as districts.  I'm worried

 

     23      about that.

 

     24                MR. SCOTT:  Responding to that, you do have a

 

     25      need for some degree of monitoring and policing of

 

 

 

 

 


 

                                                                91

 

 

      1      things because with the way the reimbursement is set up

 

      2      you do have an incentive, some controls on it, for some

 

      3      district to start calling some of the say, extra

 

      4      reading programs, special education, when in fact

 

      5      they're not, they're part of the regular ongoing

 

      6      program and you have -- it looks like it hasn't been

 

      7      abused, which is I think what everybody was afraid of

 

      8      and the studies are showing the thing isn't broke, its

 

      9      expenditures are not out of line.  But if you don't

 

     10      have some way of policing you may get an overwhelming

 

     11      temptation for a school district to start improving its

 

     12      overall funding by calling things special education

 

     13      that the rest of the state doesn't call special ed.

 

     14                MR. WOOD:  That's in place.  We have time and

 

     15      effort systems and all kinds of monitoring from the

 

     16      state level that right now prevents a special education

 

     17      teacher from spending time with regular ed students.

 

     18      There are things in place.  I guess my point is they

 

     19      seem to be working pretty well right now.  But this

 

     20      standards for adequate services really, that's what

 

     21      concerns me.  I'm curious to see what AIR is going to

 

     22      come up with there.  We need to be careful and take

 

     23      that with a grain of salt.

 

     24                MR. SCOTT:  He raises a problem on the other

 

     25      side, with a lot of special education kids the current

 

 

 

 

 


 

                                                                92

 

 

      1      model is inclusion where you include the kid in the

 

      2      ordinary classroom and then to give effective services,

 

      3      I know our district has seen the problem because the

 

      4      speech therapist comes in to the ordinary classroom.

 

      5      They can't just give the exercises to the kid with the

 

      6      special education; you have to give them to everybody

 

      7      for the inclusion model to work.  How do you account

 

      8      for that?

 

      9                MR. WOOD:  Some of these issues will be

 

     10      addressed in the re-authorization of IDEA because right

 

     11      now we're kind of at a failure model.  The kid has to

 

     12      fail before they get into special ed, and there are a

 

     13      lot of us in special ed that believe that will change

 

     14      to more of a proactive model where we can serve certain

 

     15      kids that are showing signs of telling, basically if

 

     16      they say we need help, they'll get some services.  So

 

     17      things will change in the next year from the federal

 

     18      standpoint in terms of legislation.  I don't know how

 

     19      that will affect us as a state.  But right now the

 

     20      whole meaning of special education is it is

 

     21      individualized to meet the unique, individual needs of

 

     22      kids.

 

     23                I can show you ten different kids classified

 

     24      as learning disability.  Every one will have completely

 

     25      different needs.  And it's hard to compare what one

 

 

 

 

 


 

                                                                93

 

 

      1      district is doing with theirs to other districts.  I

 

      2      think we all have our ways of servicing those kids.

 

      3                And I'm not saying we shouldn't have checks,

 

      4      but to say that they will give us a list of standards

 

      5      and this is how you service an LD kid, that completely

 

      6      goes against the concept of special education.

 

      7                MS. DEVIN:  I think that maybe, we'll all

 

      8      wait to see the report, but that may be taking the more

 

      9      radical view of what we're looking at.  We're also

 

     10      coping with the issue Senator Scott brought up, but

 

     11      we're coping with not only the federal pieces of law,

 

     12      but the equitable delivery in the state that you should

 

     13      be able to get a speech problem treated somewhat

 

     14      similar in my district and in your district and in

 

     15      Senator Scott's district.  In other words, it doesn't

 

     16      have to be identical, but it needs to be similar

 

     17      services available for another problem.  We are seeing

 

     18      some dramatic differences, and in those cases we either

 

     19      need to understand them or we need to ask those

 

     20      districts to bring their services up.

 

     21                We're also seeing IEP's, and I've had this

 

     22      complaint and the examples brought to me, IEP's that

 

     23      called for certain special therapists to work with

 

     24      children, and they're coming from the teachers and

 

     25      coming from the parents in some cases, but what I've

 

 

 

 

 


 

                                                                94

 

 

      1      heard from teachers they are literally not getting the

 

      2      services.  And their IEP calls for it and I know

 

      3      they're supposed to, but without a standard or

 

      4      enforcement they're not being seen, sometime for six

 

      5      weeks at a time.  That is not right either.

 

      6                We've got a situation in my own district

 

      7      where parents didn't want the small bus to go 30 miles

 

      8      to pick up the kids, they wanted the big one to come.

 

      9      And that's a huge expense difference.  My district said

 

     10      we have no incentive to deny that.  We're out there

 

     11      legally on the line fighting, but it doesn't make good

 

     12      sense of expenditure money.  So I'm not sure where we

 

     13      need to come down.  I hope at a minimal level.  But I

 

     14      guess at the level we need to assure that students are

 

     15      getting the services they're entitled to without an

 

     16      abuse of the funds and a balance I'm hoping not an

 

     17      intrusion that's unnecessary.

 

     18                MR. WOOD:  I came from Utah two years ago.

 

     19      Special educator there for seven years.  Their funding

 

     20      for special education is nothing similar to what

 

     21      Wyoming's is.  School districts bear a large burden

 

     22      without reimbursement.  And you talk about kids aren't

 

     23      getting services, I can show you 50 to 80 percent of

 

     24      their kids not getting the services they need or the

 

     25      services that are on the IEP.  I look at the district

 

 

 

 

 


 

                                                                95

 

 

      1      I'm in here I can honestly say a vast majority of our

 

      2      kids are getting the services they need and nearly all

 

      3      are getting the services in the IEP's.  And to me

 

      4      that's a wonderful thing to be able to do that.  So 100

 

      5      percent reimbursement kids will get, at least funding

 

      6      is not a roadblock to give the services they need.

 

      7                I understand your concern on the other end of

 

      8      it.  There are certain kids maybe getting Cadillac

 

      9      services when in reality ought to be getting Chevrolet

 

     10      services.  I understand that part of it.  But once

 

     11      again their monitoring, I think the state has done a

 

     12      pretty good job, maybe not good enough.  Maybe there's

 

     13      something that needs to be added there.  But I just

 

     14      want to avoid having anybody tell us how we should

 

     15      service a kid that has Down's Syndrome.  That's what,

 

     16      I'm the expert in special education, I should have help

 

     17      lead a team determining what that student needs.  And

 

     18      you're right, the incentive needs to be probably on the

 

     19      monitoring end.  But the financial benefit of the l00

 

     20      percent reimbursement, it's wonderful for kids in

 

     21      Wyoming.  And I've seen the other side.  I don't want

 

     22      to go there.  That's why I'm here.  I wouldn't be in

 

     23      Wyoming if it wasn't for the funding; I would be back

 

     24      in Utah.

 

     25                MS. DEVIN:  May I ask, I would assume that

 

 

 

 

 


 

                                                                96

 

 

      1      the stakeholder group will have, has had input and they

 

      2      would be in similar positions?

 

      3                MS. HILL:  Yes, we will provide a list for

 

      4      you of the stakeholders.  The stakeholders are special

 

      5      educators, special education directors from the

 

      6      districts, parents of special education students and

 

      7      Senator Sessions, the poster legislator, has also

 

      8      participated in that.  And the plan for next month is,

 

      9      and I should emphasize that Dr. Parish himself is a

 

     10      special educator with a good deal of expertise in

 

     11      special education and familiarity with federal laws.

 

     12      The plan is he will come as well as Becca Walk, our

 

     13      state director of special education, and

 

     14      representatives of that stakeholder group.  You will

 

     15      see the full cross-section of people who have worked

 

     16      hard on analyzing this data.  And then we'll make those

 

     17      recommendations to you.

 

     18                MR. SCOTT:  Just a question.  Am I right in

 

     19      understanding that the eligibility for special

 

     20      education mostly is that the student is, a particular

 

     21      aspect is quantitatively measured, is two standard

 

     22      deviations or more below the norm; is that a right

 

     23      understanding?

 

     24                MR. WOOD:  It depends on the classification.

 

     25      There is a discrepancy formula for learning disability.

 

 

 

 

 


 

                                                                97

 

 

      1      All the others there isn't really.  Depends on maybe

 

      2      the student's IQ for mental disability.  And for other

 

      3      health impairment it's basically a doctor's evaluation

 

      4      and the determination of need of services.

 

      5                MR. SCOTT:  Some is two standard deviations

 

      6      and some that's not relevant?

 

      7                MR. WOOD:  Correct.

 

      8                MS. DEVIN:  I do think it is correct in every

 

      9      presentation I have heard on the re-certification of

 

     10      IDEA they are looking at some dramatic changes.  One of

 

     11      them is this piece that you -- I mean we're seeing

 

     12      states where you can look at the second semester of

 

     13      kindergarten and get very accurate testing on whether

 

     14      that child is going to have difficulty in school or

 

     15      not, which is much earlier than we thought some years

 

     16      ago and that we can begin to use services in a more

 

     17      liberal fashion to address that now.  That may require

 

     18      some adaptation and how do we move into that.

 

     19                The results for reasons that may have been

 

     20      enumerated in this room, the results of our special

 

     21      education money in this country are not smashingly

 

     22      wonderful.  I mean we just have not done a great job.

 

     23      We're not seeing great learning among that group of

 

     24      kids, not seeing what we should be seeing.  And both

 

     25      the most liberal size of the aisle of federal

 

 

 

 

 


 

                                                                98

 

 

      1      government and the most conservative side that I heard

 

      2      presentations are in agreement, it has to change

 

      3      because in the big picture across the nation we're not

 

      4      doing a good job of serving these kids.  I think we

 

      5      probably do a much better job in Wyoming than happens

 

      6      nationally, but we could almost be poster children

 

      7      given the professional personnel for what happens to

 

      8      those kids here versus nationally.  But we are still

 

      9      constricted.

 

     10                MS. SESSIONS:  It's your Title 1 funding kids

 

     11      are two grade levels below.  That is another federal

 

     12      program sometimes it's coordinated with special ed.

 

     13      It's a different funding and different kind of thing.

 

     14      They are, Title 1 are not special education kids.  They

 

     15      are two grade levels below grade level is what Title 1

 

     16      is.  That's maybe where you get Title 1.

 

     17                MR. SCOTT:  Also I think you shouldn't wait

 

     18      to kindergarten to identify these kids and get

 

     19      something done because experience in our district is

 

     20      that the preschool programs, especially the preschool

 

     21      can do a lot with the special education kids to bring

 

     22      them along before they get to the school district.  And

 

     23      it works well where the preschool and the school

 

     24      districts work together on transitioning kids in so

 

     25      they start kindergarten with an IEP already developed.

 

 

 

 

 


 

                                                                99

 

 

      1      And that I think has shown quite a bit of success. We

 

      2      have a problem funding because funding streams are

 

      3      different.  But it's a good argument we're not funding

 

      4      the preschool to do what's needed.

 

      5                MS. DEVIN:  Other questions?

 

      6                MR. HOFFMAN:  Lorne Hoffman, Superintendent

 

      7      of Schools, also special ed director, also a parent of

 

      8      a special ed child.  I'm not necessarily disagreeing

 

      9      with the gentleman's comments about the standards being

 

     10      set within that, but you have a good group of

 

     11      stakeholders and I commend the state department for the

 

     12      process they're using.  They're very, very good.  And I

 

     13      would just ask the JEC to take careful consideration if

 

     14      you see a difference between the experts and the

 

     15      professionals with AIR and the stakeholder groups, if

 

     16      there is some difference between the professional

 

     17      organization and the stakeholders for you to take those

 

     18      considerations into account.  That's the only comment I

 

     19      have.  Thank you.

 

     20                MS. DEVIN:  Okay.  Senator Sessions.

 

     21                MS. SESSIONS:  I will have to say about Dr.

 

     22      Parish the reason I sort of volunteered to be on this

 

     23      is because I had visions of what we've gone through

 

     24      another scenario what we did and our school went

 

     25      through funding from experts.  And so I thought, well,

 

 

 

 

 


 

                                                                100

 

 

      1      I'm going to sit in on it and listen.  I will say I

 

      2      have been astounded by the professionalism of Dr.

 

      3      Parish and the stakeholders who are meeting.  And it's

 

      4      been a very good thing, good discussion.  And I think

 

      5      actually things will come out of it.  It's a totally

 

      6      different atmosphere I might add.  It's been a good

 

      7      thing to watch and to listen to.  So it's a different

 

      8      kind of thing.  As you may have referred to sanctions

 

      9      and things, but the whole atmosphere of the thing is

 

     10      not a punishment.  It's not an -- unless I'm wrong, I

 

     11      have the preliminary report, but the final one is not

 

     12      saying that you will do this and this and this.  It's

 

     13      not that at all.

 

     14                MS. DEVIN:  We have had the fortune of Scott

 

     15      Marion being available to this afternoon, which was not

 

     16      scheduled until tomorrow morning.  And I know that

 

     17      several of you have indicated you have some problems

 

     18      with tomorrow and would like to see as much adjustment

 

     19      to the agenda as we can make.  So we have asked if he

 

     20      will begin.  I know that's always difficult when you

 

     21      have a report that's partly one day and partly the next

 

     22      day, but I'll ask you to since we have been meeting

 

     23      half a day I hope our attention is still acute enough

 

     24      and tomorrow morning will be a continuation, so maybe

 

     25      you'll have the opportunity to ask questions and think

 

 

 

 

 


 

                                                                101

 

 

      1      of questions over the evening.  We'll begin this

 

      2      discussion today to better utilize your time and more

 

      3      of you can participate.  And that will leave us some

 

      4      time.

 

      5                While Mary is handing this out I will tell

 

      6      you that the vocational ed piece several of you are

 

      7      interested in we are trying to move that piece along

 

      8      now, but they do have some problems to get staff in

 

      9      here and they have like nine of them.  And it's your

 

     10      opportunity to really be able to talk to them, and

 

     11      we're hoping that can happen by around 10 or 10:30.

 

     12      We're pushing them somewhat to do that because we have

 

     13      told them afternoon, but we'll do the best we can

 

     14      starting with this today.

 

     15                MR. MARION:  Madam Chair, Scott Marion,

 

     16      Wyoming Department of Education.  Some people are

 

     17      questioning my name and the word fortunate in the same

 

     18      sentence, but we'll plow ahead.  I believe everybody

 

     19      has a copy of the presentation.  We won't have the test

 

     20      right away.  We'll be calculator enabling.  I would

 

     21      like to break this up as you see on the bottom of the

 

     22      first page I talk about the Update and the standards,

 

     23      assessment system and accountability.  And tomorrow as

 

     24      I've been in conversation and the leadership of the

 

     25      department with LSO about the kinds of legislative

 

 

 

 

 


 

                                                                102

 

 

      1      actions we'll need to see this coming session.  That

 

      2      will the crux of the discussion tomorrow.  And so we'll

 

      3      get through the update, have a little preview to policy

 

      4      discussion and the forecasting the legislative issues.

 

      5      And tomorrow discuss those in more depth.

 

      6                MS. DEVIN:  This is the piece I'm hoping we

 

      7      can move to drafting on this time frame, so it could be

 

      8      ready to look at more firmly in November.

 

      9                MR. MARION:  Madam Chair, as many of you know

 

     10      the No Child Left Behind Act comes with many pieces,

 

     11      and the pieces I'm going to be focusing on today are

 

     12      standards, assessment and accountability.  The first

 

     13      part of the law talks about challenging academic

 

     14      standards.  And I've already had our standards approved

 

     15      under the 1994 reauthorization of the secondary

 

     16      education act.  But we have to add grade level

 

     17      expectations for grades 3 through 8 because you can't

 

     18      have a standards-based test if you don't have

 

     19      standards.  So we can't have a 3rd grade test or a 5th

 

     20      grade test as the law requires without knowing what the

 

     21      targets are.

 

     22                In July we met for over two weeks with

 

     23      educators, over 250 educators, parents, some business

 

     24      representatives to help revise and review the Wyoming

 

     25      standards.  The first week we had all nine content

 

 

 

 

 


 

                                                                103

 

 

      1      areas present, and that was really to examine all sets

 

      2      of standards and write what we call these overarching

 

      3      descriptors, what does it mean to be proficient in

 

      4      science. The second week was focused on drafting the

 

      5      specific grade level expectations K through 8 in

 

      6      language arts and mathematics.  That was a pretty

 

      7      tedious process to, right now the standards are 4th

 

      8      grade, 8th grade, llth grade, so we say by 8th grade

 

      9      the student should know how to do X, Y and Z.  Now we

 

     10      had to say at the end of 5th grade a student should

 

     11      know how to do this, end of 6th grade should know how

 

     12      to do this other thing and 7th grade and so on.  That

 

     13      took a lot of work.

 

     14                Another issue that we'll talk about a little

 

     15      bit later, but Representative Lockhart said to me in

 

     16      June when we talked the difficulty of having schools

 

     17      meet the accountability standards Representative

 

     18      Lockhart said I think if we do this right we can do it,

 

     19      it won't be a problem.  And at the time I didn't

 

     20      agree.  And I think there is still going to be

 

     21      challenges, but we've been working since early June

 

     22      with a group, it's a group that is sponsored by several

 

     23      education organizations.  And Dr. James Poppam who gave

 

     24      the keynote address at our school improvement

 

     25      conference last week was the key author on this.  The

 

 

 

 

 


 

                                                                104

 

 

      1      called themselves the Commission on Structure Support

 

      2      Assessment.

 

      3                We've been working very closely with them on

 

      4      ways to develop standards and assessments systems that

 

      5      will actually give teachers a chance to figure out what

 

      6      is the right thing to teach, not vague targets, but

 

      7      clear important targets, with the goal if they know

 

      8      what to teach and it's clear to them then kids will

 

      9      have a chance to learn those things that will show up

 

     10      on assessments.  We've been invited to participate in

 

     11      ongoing discussions with the commission.  I have been

 

     12      invited to a meeting, just one more meeting, in

 

     13      November to meet with about 10 or so other states

 

     14      interested in putting this in place, so we'll see if,

 

     15      we're going to try and work toward Representative

 

     16      Lockhart's goal.

 

     17                The standards will be reviewed throughout

 

     18      this fall, and it's a fairly informal review right

 

     19      now.  They're out for comment.  They're posted on the

 

     20      department's website.  You can see the address there.

 

     21      When you talk to your constituents we urge you to ask

 

     22      them to review these because it's one of those things

 

     23      if you don't make a comment and your voice will not be

 

     24      heard.  We think that even though we had good

 

     25      representation in July we know we had 250 teachers

 

 

 

 

 


 

                                                                105

 

 

      1      there, there's about 6500 teachers who we didn't hear

 

      2      from, as well as a whole lot of other business.  So we

 

      3      need people to comment.  And one of the things that

 

      4      we're really focused on is the notion of clarity of the

 

      5      learning goals.  The previous drafts the standards

 

      6      there are lot of teaching sort of things.  Students

 

      7      will use the writing process to produce an expository

 

      8      essay.  The writing process is the teaching vehicle.

 

      9      We want the kid to be able to produce a good expository

 

     10      essay.  How they get there is for the teacher to figure

 

     11      out the right way, whether through a particular type of

 

     12      writing process.  So we really got people to focus.  So

 

     13      when every one of you had teachers and other

 

     14      representatives from your districts at this session I

 

     15      urge you to pat them on the back.  They worked hard.

 

     16      There was a lot of interesting and emotional

 

     17      discussion, to put it mildly.  I felt like I should

 

     18      have had a striped shirt and a referee hat.  But it was

 

     19      good; they were fighting over important things and

 

     20      fighting over clearly prioritizing what we want Wyoming

 

     21      kids to know.  And we really did a good job of getting

 

     22      rid of a lot of the fluff and vagueness, and it really

 

     23      will enable people to focus in.  So when you see those

 

     24      folks give them a pat on the back.

 

     25                The assessment design process, we went into

 

 

 

 

 


 

                                                                106

 

 

      1      assessment now.  The meeting started last week, and

 

      2      this was the discussion we had in June in Sheridan when

 

      3      you directed me to go out and collect multiple sources

 

      4      of information and data about the kinds of assessment

 

      5      systems that people in Wyoming would like to see.  As

 

      6      you could see following this page there are two pages,

 

      7      three pages after that there is a public meeting

 

      8      schedule.  The complete handout is there.  This mailing

 

      9      went to districts and there is a modified version being

 

     10      used as a press release.  But you can see the public

 

     11      meeting schedule.  I'll be busy as are the folks in my

 

     12      unit will be busy for the next couple of months holding

 

     13      these meetings.  And our goal is to have these meetings

 

     14      largely through October we will be presenting to the

 

     15      LWSBA in November to have technical advisory committee

 

     16      meetings to take all these findings and hammer out

 

     17      draft assessment system designs and present them to you

 

     18      at your November meeting.

 

     19                Following that page you see a data

 

     20      collection, two-page data collection form, actually

 

     21      front and back for you.  And this is to help collect

 

     22      the data in a more systematic way so we're not just

 

     23      relying on my interpretations of the meeting.  People

 

     24      fill out these forms, submit the forms.  We're

 

     25      compiling this data.  As we speak I have someone doing

 

 

 

 

 


 

                                                                107

 

 

      1      data entry from last week's meetings already.

 

      2                The next handout is the executive summary of

 

      3      this Commission on Instructionally Supportive

 

      4      Assessment, Building Tests to Support Instruction and

 

      5      Accountability.  If you flip to the fourth page of

 

      6      that, Executive Summary, you see at the bottom it says

 

      7      the nine requirements are and says requirement one and

 

      8      then continues on the next page, nine requirements.  We

 

      9      are trying to take as many of these as seriously as we

 

     10      can and try to incorporate as many as possible into

 

     11      assessment system design.  The list of authors, the

 

     12      list of commission members is on the preceding page.

 

     13      These are some of the top people in the county on

 

     14      building assessment systems and building systems that

 

     15      could support both instruction and accountability.

 

     16                I've said this to several of the groups; I

 

     17      believe that the No Child Left Behind Act has very

 

     18      admirable intents.  The intents are much more focused

 

     19      on making sure that all kids, no matter what group of

 

     20      the population they belong to, have a fair chance to

 

     21      learn important subject matter to be successful in the

 

     22      world.  No other authorization or reauthorization of

 

     23      the NSEA has done that.  There is we get into the

 

     24      accountability system there is some pretty strict

 

     25      accountability components that I believe will end up

 

 

 

 

 


 

                                                                108

 

 

      1      being changed in subsequent legislation, federal

 

      2      legislation.  But if we build a system to comply with

 

      3      the law and the law changes, then we're left with a

 

      4      system based on outdated law.  If we build a system we

 

      5      believe and truly support and improve teaching and

 

      6      learning in our classrooms, if the law changes we're

 

      7      still left with a system of improved teaching and

 

      8      learning in the classrooms.  There are lots of ways to

 

      9      do that.  We're working with another group funded by

 

     10      the National Research Council of the National Academy

 

     11      of Sciences in Washington who is trying to put into

 

     12      practice this very well respected National Research

 

     13      Council report.  We're working with a group trying to

 

     14      take those recommendations, and these two groups

 

     15      started to come together, take those recommendations

 

     16      and put them in practice in a way that can foster the

 

     17      improved learning for our kids.

 

     18                An interesting note is that these two groups

 

     19      while working side by side and have members on each

 

     20      group, Wyoming is one of only fewer than a dozen states

 

     21      invited to both these meetings.  Actually probably half

 

     22      dozen states been invited to both.  People see what

 

     23      we're doing here.  Our body of evidence system for

 

     24      graduation, the kind of support we have for local

 

     25      assessment and approved classroom assessment is being

 

 

 

 

 


 

                                                                109

 

 

      1      recognized nationally.  And this committee as well as

 

      2      the state board needs to take credit for that.  It's an

 

      3      important notification.  We're a small state in

 

      4      population, but we're getting a lot of notoriety in

 

      5      terms of our assessment system.

 

      6                Now we're back on the slides, the slide on

 

      7      assessment and accountability.  There is some confusion

 

      8      throughout the state, throughout the nation, I read

 

      9      lots of newspaper reports and other reports on No Child

 

     10      Left Behind.  These two terms get thrown around

 

     11      together, assessment and accountability.  With the

 

     12      design and assessment system, an assessment system is

 

     13      designed to collect data in a systematic way about what

 

     14      kids know and are able to do.  An accountability system

 

     15      is what you do with those data.  You have these kinds

 

     16      of sanctions as a result of this, how you compute

 

     17      school scores, things like that, how you determine who

 

     18      is good enough or who is not quite good enough and then

 

     19      what you do as a result of those determinations, that's

 

     20      the accountability piece.

 

     21                We have to design two systems.  We have to

 

     22      redesign our WyCAS because it's only at certain grades.

 

     23      We have to certainly change 21-2-304 because that only

 

     24      permits testing with grades 4, 8 and 11.  We have to

 

     25      expand to test 3 through 8.  The accountability system

 

 

 

 

 


 

                                                                110

 

 

      1      is something we haven't had to deal with before.

 

      2      That's an important distinction.  You'll hear confusion

 

      3      when you talk to constituents about that that WyCAS is

 

      4      the accountability system.  No, WyCAS is the assessment

 

      5      system.  It's what we do with those results is the

 

      6      accountability system.  So this is where we'll run into

 

      7      I believe the greatest shock and opposition in

 

      8      Wyoming.  We are required to have a single statewide

 

      9      accountability system in Wyoming based on academic

 

     10      achievement for all schools.  Now the 143 Title 1

 

     11      schools have been living with this.  We have, depending

 

     12      on how you count, anywhere between 385 and 400 schools,

 

     13      those other schools will now have to be part of a

 

     14      statewide accountability system that looks the same in

 

     15      terms of how we say if you've made it or not made it,

 

     16      Title 1 schools and non-Title 1 schools.  That's going

 

     17      to be a big change for Wyoming.

 

     18                I'm on page five of the power point.  The

 

     19      accountability system must be based on academic

 

     20      standards and assessments.  Our district accreditation

 

     21      system now has been largely based on processes.  We've

 

     22      been moving people towards results and certainly in the

 

     23      last iteration of the accreditation system there's a

 

     24      larger focus on results in terms of results of risk,

 

     25      results of school improvement.  But this system caries

 

 

 

 

 


 

                                                                111

 

 

      1      a lot less about process, this new accountability

 

      2      system, No Child Left Behind, and cares almost entirely

 

      3      about results.  And it's the results of the academic

 

      4      assessments that the accountability system will be

 

      5      based.

 

      6                The accountability system must include

 

      7      sanctions and rewards to hold all public schools and

 

      8      public school districts and the state accountable for

 

      9      student achievement, every layer is accountable.  Maybe

 

     10      this is a little break point here if you want to ask

 

     11      questions.

 

     12                MS. SESSIONS:  I have a question.  I heard

 

     13      someone say that you could never reach proficiency, so

 

     14      that as the year goes by let's say you get all your

 

     15      kids whatever you mention, how can you keep improving

 

     16      if you get to a certain level?  I mean it's

 

     17      self-defeating.  So what happens then?

 

     18                MR. MARION:  That is actually the next thing

 

     19      we'll talk about.  And I don't think that's true.

 

     20      After a while when we get eight, nine years down the

 

     21      line approaching 90 percent proficiency a lot of people

 

     22      say that after that it becomes almost impossible, but

 

     23      that's not for a while.

 

     24                MR. SCOTT:  Way back on the standard setting

 

     25      you talked about and doing it specifically by grade,

 

 

 

 

 


 

                                                                112

 

 

      1      how do you take into account differences in the timing

 

      2      of when certain things are taught that you find

 

      3      different curriculums?  Let me give you an example to

 

      4      bring that home specifically.  In mathematics my son

 

      5      had a unit in 8th grade that was on probability.  Very

 

      6      well done, relevant stuff for a kid to learn.  But I

 

      7      could see that could be taught in 7th grade or 8th

 

      8      grade or 9th grade.  And it would be just a matter of

 

      9      local preference in the long run.  It wouldn't make

 

     10      much difference.  That particular subject could be semi

 

     11      independent of some of the other things in mathematics.

 

     12      How do you handle that kind of thing where you could

 

     13      have that sort of difference?

 

     14                MR. MANION:  That is exactly the reason why

 

     15      we as a state had to say this is the expectation maybe

 

     16      this type of probability is expected now in 7th grade

 

     17      because it would be unfair to say teach this sometime

 

     18      between 5th and 8th grade, but the 6th grade test is

 

     19      going to have this on it.  As a teacher you don't know

 

     20      what target you're aiming for.  This way it's very

 

     21      clear.  And actually you said it perfectly; it doesn't

 

     22      make much difference educationally perhaps in this case

 

     23      if you teach it in 7th grade or 6th grade, and so if we

 

     24      bring together enough people and they say we think it

 

     25      really belongs in 6th grade and then it belongs on the

 

 

 

 

 


 

                                                                113

 

 

      1      assessment, everybody is starting from the same spot as

 

      2      opposed to remember the days sometimes your teacher

 

      3      give you a test and say it's on these five chapters.

 

      4      You knew the test couldn't possibly cover everything

 

      5      and you hoped you studied the right chapter because if

 

      6      you didn't answer this way we're saying no, it's on

 

      7      these five things and study all five of them.

 

      8                MS. DEVIN:  Is that what your group of 250

 

      9      educators, is that the decisions they made was by 6th

 

     10      grade we'll say this is the piece you should have

 

     11      learned?

 

     12                MR. MANION:  Yes, that's one of the

 

     13      directives that I kept reinforcing to the group because

 

     14      as many of you know when you get a bunch of math

 

     15      teachers in the room math is very important to them,

 

     16      they think that everybody should know all this math,

 

     17      and that's good.  You don't want people teaching math

 

     18      who don't like their subject matter, but the thing we

 

     19      kept hammering is if you put it in the standards by law

 

     20      I'm required to put it on the assessment.  So makes

 

     21      people clearly focus on what's really important.  So

 

     22      that was the work of that group.

 

     23                MS. DEVIN:  Then the public meetings you have

 

     24      scheduled with educators in communities, there can be

 

     25      further input to that piece who radically disagree?

 

 

 

 

 


 

                                                                114

 

 

      1                MR. MANION:  I guarantee people will

 

      2      radically disagree with 250 great minds.  That's why

 

      3      we're putting this out what we're calling informal, not

 

      4      through rule process yet.  That won't happen until next

 

      5      spring.  We want as much comment as possible, and every

 

      6      place we go we hammer that message home.  The groups

 

      7      that will have to reconvene the summer and take these

 

      8      comments seriously as opposed to just Annette and I

 

      9      doing this in the confines of the department, we feel

 

     10      the group should have to work through this process and

 

     11      that way have to take it seriously.  And if they chose

 

     12      to ignore perhaps Senator Scott's contention

 

     13      probability should wait to 7th grade instead of 6th

 

     14      grade then they would have to say why they believe that

 

     15      is different and provide rational.

 

     16                MR. SCOTT:  I see a real dilemma here.  I

 

     17      think what we're starting to do is dictate a statewide

 

     18      curriculum.  And I don't think there is any question

 

     19      that's what we're doing.  And I see that to do the

 

     20      assessments in a meaningful way and do them across the

 

     21      state you need to do that.  At the same time I'm afraid

 

     22      when you do do that you are constraining the ability of

 

     23      the local school districts to innovate, to play to the

 

     24      strengths they have in their particular local school

 

     25      district.  And you are at risk of getting something

 

 

 

 

 


 

                                                                115

 

 

      1      that is going to become bureaucratically ossified so it

 

      2      doesn't accommodate new innovations.  The probability

 

      3      thing would be an example of that.  I was going through

 

      4      that, I was taught, I got that in graduate school, not

 

      5      graduate school in college, but I had to haul out my

 

      6      college textbook to help a kid with 8th grade homework.

 

      7        That's an innovation that came in the curriculum.

 

      8      And the trouble is by doing a statewide curriculum you

 

      9      make it much more difficult to bring in innovations.

 

     10      I'm not sure that I see where we can set the balance

 

     11      and avoid those problems.

 

     12                MR. MANION:  It's interesting you happen to

 

     13      mention probability because you're right, I didn't get

 

     14      that until I took stat and probability in college.  And

 

     15      that is what the standards help bring into the

 

     16      elementary, middle school and high school curriculum.

 

     17      Nobody taught stat and probability prior to college

 

     18      before, when in reality the people who wrote the

 

     19      National Council of Mathematics, teaching the

 

     20      mathematic standards said we believe stat and

 

     21      probability is some of the most important things kids

 

     22      take away from math, it does belong.  Some textbook

 

     23      publishers are starting to put it in the curriculum.

 

     24                You are exactly right.  There is no question

 

     25      that some local choice is going to go away.  Now when I

 

 

 

 

 


 

                                                                116

 

 

      1      talk with curriculum directors, teachers, principals

 

      2      about that, I get this more often than not what is

 

      3      wrong with the state curriculum.  I know that's not the

 

      4      interest of this committee or the legislature, but in

 

      5      reality probability or algebra is not that different in

 

      6      Cheyenne from Cody, it's not.  And so by having the

 

      7      standards at each grade level we're talking about big

 

      8      ideas.  There is so much stuff that goes into this to

 

      9      build the curriculum that there is still a wide variety

 

     10      of local choice.  Is it as much choice in your

 

     11      district?  You said we want to withhold probability

 

     12      until 10th grade; we wanted to do it in 4th.  You're

 

     13      losing some of that kind of flexibility.  But if you

 

     14      want to teach probability in a fairly traditional way

 

     15      with the class with algorithms or you want to teach in

 

     16      a different way that's based on real world problems,

 

     17      however you like is fine.  And there are as many

 

     18      textbooks as you could imagine to find a way to teach

 

     19      probability.  And many of them not very good.

 

     20                MR. MCOMIE:  I would like to ask Senator

 

     21      Scott what he meant take away the local --

 

     22                MR. SCOTT:  Innovation?

 

     23                MR. MCOMIE:  No, it wasn't that.

 

     24                MR. SCOTT:  What I was concerned about is the

 

     25      ability of the local people to design their own

 

 

 

 

 


 

                                                                117

 

 

      1      curriculum to take advantage of partly the local

 

      2      strengths.  And I think that sometimes makes quite a

 

      3      bit of difference.  If you have a set of teachers with

 

      4      particular skills that happen to be in the junior high

 

      5      school, they may well want to do things a particular

 

      6      way and teach subjects in a particular order, than

 

      7      another district that teachers don't have that set may

 

      8      say, well, that ought to wait until high school.  There

 

      9      really is some reason to have the local people with

 

     10      ability to design their own curriculum because if the

 

     11      people who have to teach it are the ones who designed

 

     12      it they'll make it work.

 

     13                MR. MCOMIE:  Follow-up.  If for instance, the

 

     14      group says it's an 8th grade subject and this school

 

     15      district decides they'll do it in 7th grade, it doesn't

 

     16      make any difference as long as it's taught by the 8th

 

     17      grade.  Is that correct?

 

     18                MR. MANION:  That's exactly correct.  What

 

     19      districts will probably wind up doing, and there are

 

     20      districts here that could either correct, contradict or

 

     21      corroborate, if you teach something in 7th grade and

 

     22      tell them it doesn't show up until the spring of the

 

     23      8th grade test we know that kids' retention will be

 

     24      less than if they learned two months before the exam. A

 

     25      district I would suspect would move it to where it's

 

 

 

 

 


 

                                                                118

 

 

      1      more proximal to the exam is my gut.

 

      2                MR. SCOTT:  That gets you in trouble in two

 

      3      ways.  You'll have some districts he puts it on the 7th

 

      4      grade test than a district that wanted to wait to the

 

      5      8th grade to teach it is cut out, they're in trouble.

 

      6      The other problem you get a district such as one of my

 

      7      junior highs that doesn't teach all 7th and 8th graders

 

      8      and 9th graders the same thing, it moves the kids ahead

 

      9      depending on their ability.  You can get into trouble

 

     10      he's talking about because you don't have the unified

 

     11      curriculum because you're doing a better job of

 

     12      matching the kids' skills and ability with your

 

     13      instruction, and that causes a different concern.

 

     14                MS. BOWLING:  Annette Bowling, Wyoming

 

     15      Department of Education.  I think it's important for

 

     16      the committee to understand the distinction between

 

     17      standards and curriculum.  We are obligated by state

 

     18      statute to develop uniform student performance

 

     19      standards for the children of Wyoming.  Standards are

 

     20      as Scott referred to expectations of student

 

     21      performance.  So they are statements of what children

 

     22      should be able to do and what they should know.  It is

 

     23      not a curriculum.  The curriculum is decided upon by

 

     24      the district which involves methodology, materials that

 

     25      you use to get there, a variety of programs, but they

 

 

 

 

 


 

                                                                119

 

 

      1      are not -- and in the secondary schools the names of

 

      2      your courses, whether they're year-long courses or

 

      3      six-month courses, that is your curriculum.  But these

 

      4      grade level expectations are not curriculum.  I think

 

      5      that's very important to understand that distinction.

 

      6                Secondly, we are, we must by state statute

 

      7      have uniform student performance standards because we

 

      8      don't care how you get there, but the bottom line is I

 

      9      don't care and the Supreme Court said I don't care if

 

     10      you are in Sundance or Laramie, that you must have

 

     11      uniform standards across the state.  Having uniform

 

     12      standards once again is not the curriculum.  And

 

     13      teachers can all come together and say I like this

 

     14      particular unit of study because I'll use my background

 

     15      which is foreign language.  If we say students need to

 

     16      be able to communicate in a language other than English

 

     17      and be understood, it doesn't really matter if I give

 

     18      them a unit on how to order in a restaurant or how to

 

     19      buy stamps in a post office.  That is your curriculum.

 

     20      And it doesn't really matter how I present it in my

 

     21      unit of study as long as they have that skill and they

 

     22      have that knowledge.

 

     23                And so I think you must understand that we

 

     24      are not writing curriculum.  And as Scott said they are

 

     25      the big broad strokes.  When you read the standards,

 

 

 

 

 


 

                                                                120

 

 

      1      even at the grade level, we do not tell the kids what

 

      2      they have to read, but we do have expectations that

 

      3      what they can do with what they read does need to be

 

      4      uniform.  So I would like the committee to make sure

 

      5      that you do understand we're not trying to hold the

 

      6      local districts to some statewide curriculum.  That's

 

      7      not what we're doing here.

 

      8                MS. DEVIN:  At one point in the process I

 

      9      recall a sheet of paper that defined in simple terms

 

     10      those differences.  If the two of you might have time

 

     11      to get us that before the session, I think that might

 

     12      be helpful to the committee, something that defined

 

     13      what is standard versus what curriculum is, maybe even

 

     14      an example, because this is not terminology that we all

 

     15      use every day, nor do our colleagues.  So it's helpful

 

     16      to us as we're trying to work with these pieces of

 

     17      federal legislation and what our teacher groups are

 

     18      doing who do use this terminology every day in their

 

     19      working lives, it helps us get on the same page and be

 

     20      clear in how we're using them and what we're thinking.

 

     21                MS. BOHLING:  I think that the districts are

 

     22      very pleased that instead of 51 graduation standards we

 

     23      have been able to integrate those at this time into

 

     24      41.  So we are streamlining.  Even though we are

 

     25      writing K through 8 for language arts and math overall

 

 

 

 

 


 

                                                                121

 

 

      1      we are able to find ways to convince and integrate

 

      2      without taking away the richness of those knowledge and

 

      3      skills.  I think it's important to see now that we're

 

      4      able to look back on what we've done and make it better

 

      5      and improve it.  All the educators and parents and

 

      6      business people that came together had the benefit of

 

      7      what we've done before, and they really have worked

 

      8      hard to improve it without infringing upon the local

 

      9      curriculum.

 

     10                MS. DEVIN:  I would say I've just had small

 

     11      samples of what these groups have done, and they really

 

     12      have worked hard.  It's amazing the time and effort put

 

     13      into it.  And they're very sincere and dedicated to do

 

     14      this.  It's amazing the enthusiasm they have kept with

 

     15      the difficulty of this work.

 

     16                MS. SESSIONS:  I guess a short course of what

 

     17      happened in the real world I started in this business

 

     18      and I showed up in Kelly, Wyoming, to teach.  What do I

 

     19      teach in 3rd grade in Kelly, Wyoming?  Nobody knew.  I

 

     20      mean I had taught 2nd grade and reform school.  I had

 

     21      to teach a school that is in Kelly, Wyoming, in 3rd

 

     22      grade.  What do I do?  What you do is you go to your

 

     23      3rd grade textbook and struggle along until you relearn

 

     24      what was going on.  My contention is textbook makers

 

     25      should not design what our kids should learn.  Then as

 

 

 

 

 


 

                                                                122

 

 

      1      we went along in our little school we got where we

 

      2      designed standards in math and readings and so forth at

 

      3      each grade level.  What you do is decide, it's simple,

 

      4      you decide that in 3rd grade you build on math, you do

 

      5      carry, division, multiplication tables, you do

 

      6      division, you do all of that and you end up at the end

 

      7      of 3rd grade.  But how you do this and teach all those

 

      8      things is entirely your choice, that's the curriculum.

 

      9      I could use tapes, rote memorization, which I still

 

     10      believe is great, no matter what everyone else tells

 

     11      you.  Anyway, you do all of that.  You can theme teach

 

     12      so you can have a huge area of geology and you teach

 

     13      times tables and reading and writing and poetry and

 

     14      health and everything else around a theme.  And that's

 

     15      how lots of elementary teachers teach.  That's the

 

     16      design of your curriculum.  But at the end of 3rd grade

 

     17      I would look at each of my students and say you know

 

     18      this and this and this, you know adding, subtracting,

 

     19      carrying, dividing, borrowing, dah, dah, and you know

 

     20      your times tables because we said them and you stayed

 

     21      in at recess and did many another things until you

 

     22      learned them.

 

     23                I gave the WyCAS for three years, and I have

 

     24      to tell you the frustration surrounding that is

 

     25      tremendous because you couldn't track kids on what they

 

 

 

 

 


 

                                                                123

 

 

      1      knew.  And I'm thinking that a one shot thing like

 

      2      that, I'm thinking those grade level tests that's what

 

      3      all good educators do anyway, you'll have a record of

 

      4      each child, how they improve from year to year to

 

      5      year.  That's what you need to do.  And if you don't

 

      6      have that improvement then you start to look on the

 

      7      individual records and say something is wrong here.

 

      8      And it won't matter you publish, hopefully we won't

 

      9      publish on the Internet or those kinds of things.  But

 

     10      that tracking of each child will be the benefit.  And

 

     11      then you can really look at what the teachers and your

 

     12      schools are doing when you have that record of each

 

     13      child's achievement.

 

     14                And so I don't see -- I mean it's just a long

 

     15      established practice in US education about what you

 

     16      should know in 1st grade, 2nd grade, so forth and on

 

     17      up.  And there is all kinds of creative ways to teach

 

     18      kids so they end up knowing that at the end.  As that's

 

     19      your curriculum.  Thank you for listening.

 

     20                MR. MARION:  That's an excellent point, and

 

     21      that's something I've been saying for years because

 

     22      textbooks are published by people in California, and

 

     23      they don't really care what we want in Wyoming,

 

     24      especially since we don't have statewide textbook

 

     25      adoption.  We get virtually no say.

 

 

 

 

 


 

                                                                124

 

 

      1                The most fascinating thing that came out of

 

      2      the second week of the standards review which really

 

      3      speaks to this notion of getting together and saying

 

      4      what people should know in 4th and 5th grade, doing

 

      5      this with K through 8, K-1 and 2, those teachers knew

 

      6      exactly and the consensus was formed like that, what

 

      7      kindergarten is doing, what is the first grade, whether

 

      8      it's math or reading.  Getting to the 4th grade, 5th

 

      9      grade it was a struggle, you didn't really know.  And

 

     10      without offending anyone I think this is something

 

     11      we've all been struggling with, the lack of improvement

 

     12      at the 8th grade to middle school level.  I have a

 

     13      middle school child now and one about to be a middle

 

     14      school child.  I think middle school education in this

 

     15      country is really suffering because we just say they're

 

     16      just hormones, we can't teach them.  They teach them in

 

     17      every other country.  By getting this down this is

 

     18      expected now.  A lot of times in math what we see

 

     19      unless you use a good math program, keep teaching these

 

     20      kids arithmetic over and over without saying okay,

 

     21      arithmetic is fine for 4th grade, times tables I agree

 

     22      with you still comes in handy for problem solving, and

 

     23      but then 5th grade what do we need to know, in the 6th

 

     24      grade what we need to know.  I think that will only

 

     25      help further efforts to improve middle school education

 

 

 

 

 


 

                                                                125

 

 

      1      in the state.

 

      2                MR. MCOMIE:  An observation.  There are a lot

 

      3      of educators out there that don't understand what Ms.

 

      4      Bowling just said because I have big chunks of rear end

 

      5      missing just trying to get in discussions about this

 

      6      and being really whaled on for the very things that

 

      7      we're talked about here.  I just want to reinforce what

 

      8      you said.

 

      9                MR. MARION:  It's something we work on daily,

 

     10      and I think big chunks of my rear end are in the same

 

     11      place as yours.  It's an ongoing battle.

 

     12

 

     13                Discussion off the record.

 

     14

 

     15                Whereupon the hearing was adjourned for the

 

     16                day.

 

     17

 

     18

 

     19

 

     20

 

     21

 

     22

 

     23

 

     24

 

     25