Administrative Rule Review Report  #AR10-040

Legislative Service Office

6-Jul-10

AGENCY: Department of Education.

DATE SUBMITTED: June 28, 2010.

SUBJECT: Chapter 33, Wyoming Bridges Summer School and Extended Day Grant Program.

NATURE OF RULES:                        Legislative, procedural

STATUTORY AUTHORITY:            W.S. 21-13-334

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  The Agency failed to provide notice, required by 16-3-103(a)(i)(D), that the rules being adopted were new rules.  As a consequence, notice of the proposed rulemaking was not provided to the prime sponsor or committee responsible for the enabling legislation as required by W.S. 28‑9‑103(d).  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  The rules which are being amended deal with the Bridges summer school and extended day grant program.  The rules are amended to require that the individual learning plan be developed by the teacher or team referring the student to supplemental instruction.  The rules are amended to provide that the cost for case management of a student placed outside a conventional school setting may be reimbursed to the student's resident school district.  The application requirements are amended to require a proposed budget as directed by the department of education.  The rules are amended to specify that instruction to K-8 students shall be direct instruction but that computers and computer programs may be used to aid or supplement instruction.  The rules are amended to provide that computer-based instruction shall be received in a classroom and supervised by a person with at least the minimum credentials of an instructional paraprofessional.

The rules are amended to require assurances by the district of its ability to participate in the statewide analysis of data as measured by Northwest Education Association's Measurement of Academic Progress (MAP).  The rules are also amended by specifying the time period for the calculation of grant awards.

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

STAFF RECOMMENDATION:  That the rules be approved by the Council as submitted by the Agency, but that the Council request the Governor to caution the Agency concerning the need to comply with statutory procedural requirements for adoption of rules, as noted in the rule review report.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/