Committee Meeting Information

December 17 and 18, 2008

Herschler Building, Room 1699

 

Joint Education Committee Members Present

Senator Henry H.R. “Hank” Coe, Co-Chairman

Representative Del McOmie, Co-Chairman

Senator Jim Anderson

Senator Kit Jennings Senator Mike Massie

Senator Michael Von Flatern

Representative Bernadine Craft

Representative Kathy Davison

Representative Ross Diercks

Representative Allen Jaggi

Representative Matt Teeters

Representative Sue Wallis

 

Joint Education Committee Members Absent

Representative W. Patrick Goggles

Representative Kevin White

 

Legislative Service Office Staff

Dave Nelson, School Finance Manager, Brenda Long, School Finance Analyst

Matthew Sackett, Research Analyst, Josh Anderson, Staff Attorney

 

Others Present at Meeting

Please refer to Appendix 1 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.

Executive Summary

The Committee met for two days in Cheyenne.  The Committee voted to sponsor legislation on community colleges, charter schools, school finance appropriations, Hathaway scholarship administration and the higher education endowment account.  The Committee heard testimony on the three year rolling average and received department of education reports on instructional facilitators and summer school.

 

Call To Order (12/17/2008)

CoChair McOmie called the meeting to order at 1:40 pm.  The following sections summarize the Committee proceedings by topic.  Please refer to Appendix 2 to review the Committee Meeting Agenda.

 

Approval of Prior Meeting Minutes

Representative Jaggi moved that the minutes of the October 28 and 29 meeting be approved.  The motion was seconded and passed by voice vote.

 

School Foundation Fiscal Profile

Ms. Brenda Long from the Legislative Service Office provided a handout to the Committee on the school foundation program fiscal profile (see Appendix 3 for a copy of the handout).    Ms. Long explained the handout.  In response to a question she noted that the external cost adjustment is taken from the employment cost index and noted that the ECI for education workers has been consistently used by JAC as a basis for ECA recommendations and has resulted in a 12.27% increase over the original starting base.

 

Mr. Fred Hansen of the Department of Education provided a handout to the Committee on enrollment snapshots (see Appendix 4 for a copy of the handout).  He noted that there has been a 1.1% increase in enrollment overall but noted that the figures only represented a one day snapshot.

 

Community College Planning Task Force Report

Senator Coe described the executive summary and introduction of the Community College Planning Task Force Report (see Appendix 5 for a copy of the report).  Senator Coe noted that the Task Force consisted of 6 legislators and 9 non-legislators.

 

Ms. Ann Noble of the Community College Commission noted that the Commission was pleased with the process and was able to make recommendations to the Task Force.  Ms. Noble noted that the Commission is working on a statewide strategic plan and that they were going to bring in a consultant to assist in the creation of the strategic plan as suggested by the Task Force.

 

Task Force member Ms. Joan Evans stated that the strategic plan will allow the individual colleges to come together to address critical needs in the state.  She noted that for workforce services throughout the state it is critical to have partnerships with the colleges.

 

Ms. Noble noted that the Task Force recommendations are not replacing everything that is happening at the colleges and it speaks only to the state funding that will go to the colleges.

 

Task Force member Representative Quarberg noted that the creation of the Task Force was driven out of a need to clarify the capital construction process for the colleges.  She noted that the Task Force made the decision to limit the consideration to three areas and that the strategic plan is the driver in all of those areas.

 

Senator Coe stated that he was confident that all of the stakeholders were at the table and that everyone was on the same page.  He noted that the Task Force was recommending local control with funding tied to state interests.

 

Representative McOmie noted that the Task Force was funded through June 30, 2010 and that the Task Force  will ask to continue into the next interim prior to the 2010 budget session.

 

Dr. Jim Rose of the Community College Commission noted that the budget does not have an external cost adjustment attached and that any adjustment would be requested as part of the exception budget process.

 

Dr. Darrel Hammon, president of Laramie County Community College, noted that the colleges are comprehensive community colleges and that everything they do at the college can be considered workforce development.  He stated that an advantage of the colleges is that they are nimble and flexible but with the new capital construction process they may not be able to be as flexible.  He stated that the colleges want to focus on becoming centers of excellence, for example Cheyenne could be the wind energy center and other colleges could focus on oil and gas or corrections.  He noted that funding from the state would help make and keep them centers of excellence and make sure the colleges remain integral parts of community and state.

 

Dr. Jo Anne McFarland, president of Central Wyoming College, stated that the college was appreciative for the work of the Task Force and stated that the whole future hangs on strategic planning and defining the state’s interest in community colleges.  She noted that the Wyoming community college mission statement is in session law and stated that it should be a driving force of the planning effort and should be placed in statute.

 

Dr. Tom Armstrong, president of Eastern Wyoming College, noted that he had a concern with the funding formula, particularly with the treatment of reserves and that fixed costs should be expanded.

 

Mr. Chris Boswell of the Governor's office stated that the real key is the definition of the state’s interest but that there was relatively little guidance to the Commission.  He noted that the Task Force had done a lot of work but also left a lot to the Commission and the strategic planning process.

 

Mr. Dave Nelson of the Legislative Service Office explained the report and noted that pages 5 through 16 are the written recommendations of the Task Force divided into the 3 main areas of consideration; governance, funding and capital construction..

 

09LSO-0202.W1 "Community college-amendments"

Mr. Nelson provided a copy of the bill prepared by the Task Force (09LSO-202.W1 "Community college amendments).  See Appendix 6 for a copy of the bill.  Mr. Nelson noted that the legislation attempts to provide the written recommendations of the Task Force in legislative form.

 

Mr. Nelson explained the bill and noted that the strategic plan process ties the state's interest to funding.  He noted that the bill directs the Commission to forward prioritized building needs and that construction would go through the state building commission prior to submission to the legislature.  Mr. Nelson noted that there are amendments to the powers and duties of the Commission and that the Commission would be required to develop and maintain the statewide strategic plan.  He stated that the Commission can approve all new programs that qualify for state funding and can also review existing programs and terminate state funding for programs which are not within the strategic plan.

 

In response to a question, Task Force member Lynn Birleffi noted that the review and termination of programs would not apply to any programs that the college wants to fund on its own, and only applies to those programs which would receive state funding.

 

In response to a question, Dr. Rose noted that the Commission is as responsive as it can be regarding program approval and noted that the Commission has previously approved a program within 21 days.  He noted that program review can accelerate as quickly as the college’s internal procedures allow.

 

In response to a question, Dr. Rose noted that the current statutes reference the core indicators of the American Association of Community Colleges but that the changes proposed in the bill provide for some additional measures and more flexibility so that the indicators can be changed more easily.

 

Recess

The Committee recessed for the day at 5:00 pm.

 

Call To Order (12/18/2008)

Senator Coe called the meeting to order at 8:00 am.

 

09LSO-0202.W1 "Community college-amendments" (Continued)

Mr. Nelson noted that under the bill the budget request is made separate from the funding model and provides for a baseline amount which can be adjusted. He noted that it would enable the legislature to look at the budget request and provide a more transparent approach to the budget.  Mr. Nelson distributed a handout to the Committee on the recommended funding model (see Appendix 8 for a copy of the handout).

 

In response to a question Dr. Rose stated that the 4 mills are recaptured and redistributed within the system and noted that state aid is largely a function of students and that schools with more students need a bigger physical plant and other facilities and would get more funding.  Dr. Rose noted that under the proposal there are three different levels of instruction as used for funding, so that classes which require more technology would get additional funding, and which would be determined on a statewide basis..

 

Dr. Hammon suggested that if community colleges are fundamentally important in this state, a constitutional amendment may be appropriate.  He noted that the colleges already have strategic plans and that it would be appropriate to continue forward with those plan.  Colleges would not do anything that is not in the state’s interest.

 

Dr. Karla Leach, president of Western Wyoming Community College, suggested that colleges should be permitted to maintain reserves for bonding reasons and that they would request the full amount of reserves not be restricted.

 

Senator Anderson moved the bill and the motion was seconded.

 

Senator Coe moved an amendment to the appropriations section (see Appendix 7 for a copy of the amendment).  The motion was seconded and passed by voice vote.

 

Representative Wallis moved an amendment on the mission of the Community College Commission (see Appendix 9 for a copy of the amendment).  After discussion, the motion failed by voice vote.

 

After additional discussion, the Committee voted to sponsor the bill (09-LSO0202.W1) as a House bill with a roll call vote of 11 ayes. (See Appendix 6 for a copy of the vote form).

 

School Finance Recommendations

Mr. Nelson presented a bill to the Committee on charter school amendments (09LSO-0179.W1).  See Appendix 10 for a copy of the bill.  Mr. Nelson noted that the bill would be a modification of the charter school application process and allow the application to be completed in stages which would permit the applicant and the board to resolve issues throughout the process.  Also, a process for mediation of disputes is also provided in the bill.

 

Senator Anderson moved the bill and the motion was seconded.

 

After additional discussion, the Committee voted to sponsor the bill (09-LSO0179.W1) as a Senate file with a roll call vote of 11 ayes. (See Appendix 10 for a copy of the vote form).

 

Mr. Nelson provided a copy of 09LSO-0297.W1 related to school finance appropriations (see Appendix 11 for a copy of the bill).  Mr. Nelson explained the bill and noted that it was extending funding for programs and appropriations from 2008 including student enrichment, food service and instructional facilitators.

 

Senator Von Flatern moved the bill and the motion was seconded.

 

After additional discussion, the Committee voted to sponsor the bill (09-LSO0297.W1) as a Senate file with a roll call vote of 11 ayes. (See Appendix 11 for a copy of the vote form).

 

Mr. Nelson provided a copy of 09LSO-0298.W1 on the Hathaway student scholarship program (see Appendix 12 for a copy of the bill). Mr. Nelson explained the bill and noted that there was an appropriation for a sign language task force.  In response to a question, Ms. Mary Kay Hill of the Department of Education noted that there are no certified teachers for sign language and that there was a need to look at teacher requirements as well as delivery of accredited sign language instruction.

 

Mr. Nelson noted that there was an appropriation for a transcript center which would have statistical information pertaining to the success curriculum as required by statute.  Mr. Nelson stated that section three of the bill is an appropriation for 8^th grade instruction regarding options available post high school.  Mr. Nelson stated that section 4 provides an appropriation for participation in the WORKKEYS assessment to high school seniors and the attainment of career readiness certification through the department of workforce services.

 

Senator Anderson moved the bill and the motion was seconded.  The Committee voted to sponsor the bill (09-LSO0298.W1) as a Senate file with a roll call vote of 11 ayes. (See Appendix 12 for a copy of the vote form).

 

Mr. Nelson provided a copy of 09LSO-0295.W1 on the higher education endowment fund (see Appendix 13 for a copy of the bill).  Mr. Nelson noted that it would provide an addition of $2.2 million to the endowment reserve account and $50 million to the endowment fund.

 

Representative McOmie moved the bill and the motion was seconded.

 

Senator Coe moved that the bill be amended on page 3-line 7 after "subsection" insert "," and delete balance of line through line 11; on line 13 delete "(I) The first" and delete lines 18 through 23.  The amendment deleted the addition $50 million infusion into the endowment corpus.  The amendment was seconded and passed by voice vote.

 

The Committee voted to sponsor the bill (09-LSO025.W1) as a House bill with a roll call vote of 9 ayes, 2 noes and 1 excused. (See Appendix 13 for a copy of the vote form).

 

Wyoming School Boards Association

Dr. Mark Higdon of the Wyoming School Boards Association provided a handout to the Committee on the three year rolling average (see Appendix 14 for a copy of the handout).  He stated that the changes to chapter 8 of the Department's rules are violating the intent of the legislature.  He stated that the schools could get a deduction that goes back two years when education has already been provided and that the changes would have unintended consequences.  He suggested that the rules should be delayed for a year.

 

Mr. Ted Adams, Superintendent of Laramie County school district number 1, stated that the district may be forced to turn to the courts because in the district's opinion, the rules change the intent and the letter of the law.  He suggested that the three year rolling average should be implemented as it was previously.

 

Mr. Mark Wiggam stated that to build a new school there are a lot of additional costs which would not show up in the funding model until the next year and suggested the three year rolling average remain for this reason.

 

Dr. Larry Picus noted that for schools with a declining enrolment they included in the model a “soft landing” through a three year rolling average.  He stated that if students are still in the district it is a different matter because although funding is generated on the school level the funding goes directly to the districts which can look at the total funding they receive district wide and make some choices.  He stated that if you use the rolling average on a new school it would create a large number of “phantom students” and that the intent in recommending the rolling average “soft landing” was to address students leaving the district and not students that remain in the district.  He noted that if the three year rolling average is retained for new schools it would result in excess resources for districts creating new schools.  He stated that if there is a concern about the lag in funding for the operation of new schools he would recommend a temporary bridge loan to cover those costs.

 

In response to a question, Dr. Picus noted that if three or four students are moving within the district it is not a big concern but if large numbers of move to a new school it would result in a large number of phantom students who would be counted twice.

 

Dr. Higdon stated the issue is that previously all schools have been allowed the three year rolling average and the rules change this for some schools.

 

Instructional Facilitator Program Annual Report

Dr. Joy Mockelmann, Department of Education, provided handouts to the Committee on instructional facilitators (see Appendix 15 for a copy of the handouts).  Dr. Ed Webber, WDE, noted that the report is on the second year of the program.  He stated the department conducted a state wide survey and that the results indicate that the teachers believe it is working and the districts support the program.

 

Summer School Program Annual Report

Ms. Ruth Sommers, representing WDE, provided handouts to the Committee on the summer school program (see Appendix 16 for a copy of the handouts).  Dr. Michael Flicek, Natrona County School District #1 and a member of the summer school study team, explained the reports and noted that they addressed students that were in summer school two years in a row and that those summer school students improved performance.

 

Other Business

On December 17, 2008, Senator Hastert provided a handouts to the Committee on career technical training grants.  See Appendix 17 for a copy of the handouts.

 

Adjournment

CoChair Coe adjourned the meeting at 12:00 p.m.

 

Respectfully submitted,

 

 

 

_________________________________                              ______________________________

Senator Hank Coe, CoChair                                                     Representative Del McOmie, CoChair

 

 

 

 

 

 

 

 

Appendix		Appendix Topic		Appendix Description		Appendix Provider
1		Committee Sign-In Sheet		Lists meeting attendees		Legislative Service Office
2		Committee Meeting Agenda		Provides an outline of the topics the Committee planned to address at meeting		Legislative Service Office
3		School foundation program		School Foundation Program		Legislative Service Office
4		Enrollment Snapshots		Enrollment Snapshots		Department of Education
5		Community College		Community college planning task force		Legislative Service Office
6		Community college		Community colleges amendments		Legislative Service Office
7		Community college		Amendment		Legislative Service Office
8		Community college		Funding		Community College Commission
9		Community college		Amendment		Representative Wallis
10		Charter schools		Charter school amendments		Legislative Service Office
11		School finance appropriations		School finance appropriations		Legislative Service Office
12		Hathaway		Hathaway administration		Legislative Service Office
13		Higher education endowment		Higher education endowment		Legislative Service Office
14		Three year rolling average		Three year rolling average		Wyoming School Boards Association
15		Instructional facilitators		Instructional facilitators		Department of Education
16		Summer school		Summer school		Department of Education
17		Career and technical training grants		Career and Technical Training Grants		Senator Hastert