Administrative Rule Review Report  #AR09-025

Legislative Service Office

19-May-09

AGENCY: Department of Education.

DATE SUBMITTED: May 13, 2009.

SUBJECT: Chapter 40, Statewide Administration of a Single College Entrance Examination and Job Skills Assessment.

NATURE OF RULES:                     Legislative, procedural

STATUTORY AUTHORITY:         W.S. 21-2-202(a)(xxx)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  These are new rules, a new rule letter was sent to the Joint Education Interim Committee on March 10, 2009.  No comments on the rules have been received to date.

SUMMARY OF RULES:  These rules add a new chapter to the rules of the Department of Education.  The rules implement the statewide administration of a single college entrance examination and job skills assessment test.  The rules define the ACT as the statewide college entrance test and the WorkKeys assessment as the statewide job skills assessment test.  The rules require each public school eleventh grade student who is under 21 years of age and not otherwise exempt to take either the college entrance examination or the job skills assessment test.  The rules also provide that non-public school students may take one of the examinations.  The department, in conjunction with ACT, will establish a single testing day and a single makeup day for the administration of both of the tests.  The rules also establish a process for requesting accommodations for both the college entrance examination and the job skills assessment test.

FINDINGS:  The rules appear to be within the scope of authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/