only not approved for introduction

2012 STATE OF WYOMING 12LSO-0140.C2

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NOT APPROVED FOR

INTRODUCTION

SENATE FILE NO.

Education accountability.

Sponsored by: SDraft

A BILL

for

AN ACT relating to the Wyoming Accountability in Education 1

Act; generally modifying the act and modifying the 2

statewide assessment system; modifying duties and tasks of 3

implementation and administration; authorizing rulemaking 4

and requiring reporting; continuing the select committee on 5

statewide education accountability and advisory committee; 6

providing additional duties and assigning additional areas 7

of accountability system study and development; providing 8

appropriations; and providing for effective dates. 9

10

Be It Enacted by the Legislature of the State of Wyoming: 11

12

Section 1. W.S. 21-2-202(a)(xiv) and (xxx), 13

21-2-204(b)(intro), by creating new paragraphs (iii) 14


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through (ix), (c), (d)(intro), (e), (f)(intro), by creating 1

new paragraphs (iii) through (viii), by amending and 2

renumbering (iii) as (ix), (h) and by creating new 3

subsections (j) and (k), 21-2-304(a)(iv)(intro), 4

(v)(intro), (B), (D), (E), (H), (vi), (b)(xv), by creating 5

a new paragraph (xvi) and by renumbering (xvi) as (xvii), 6

21-3-110(a)(xvii) through (xix), (xxiv)(intro), (xxix), 7

(xxx) and (b), 21-7-102(a)(ii)(A) and (B) and 8

21-7-110(a)(vii) are amended to read: 9

10

21-2-202. Duties of the state superintendent. 11

12

(a) In addition to any other duties assigned by law, 13

the state superintendent shall: 14

15

(xiv) For purposes of the statewide assessment 16

of students and reporting student performance under W.S. 17

21-2-304(a)(v), have authority to assess and collect 18

student educational assessment data from school districts, 19

community colleges and the University of Wyoming. All data 20

shall be consolidated, combined and analyzed in accordance 21

with W.S. 21-2-204(h) and shall be provided within a 22

reasonable time in accordance with rules and regulations of 23


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the state board;. In addition and pursuant to W.S. 1

21-2-304(a)(vii) and 21-3-110(a)(xxiv)(B), effective school 2

year 2012-2013, the state superintendent shall, through the 3

department, receive scores for each student assessed by 4

each school district under the benchmark adaptive 5

assessment administered under W.S. 21-3-110(a)(xxiv)(B), 6

with appropriate linkages to teachers, schools and 7

districts, reported in formats and schedules established by 8

rule and regulation of the state board; 9

10

(xxx) Effective school year 2006-2007 2012-2013 11

and each school year thereafter, in consultation and 12

coordination with local school districts, by rule and 13

regulation establish a program of administering a 14

standardized, curriculum based, achievement college 15

entrance examination and a job skills assessment test 16

selected by the state superintendent to all students in the 17

eleventh grade and twelfth grades throughout the state as 18

provided in W.S. 21-3-110(a)(xxix), except that any student 19

with an individual education plan may be excused from 20

taking either the college entrance examination or the job 21

skills test if the parent or guardian of the student 22

submits a request for the excusal to the appropriate local 23


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school district authority. The examination and test 1

selected by the state superintendent, shall be administered 2

throughout the United States and shall be relied upon by 3

institutions of higher education. The college entrance 4

examination shall at a minimum test in the areas of 5

English, reading, writing and mathematics and science, for 6

both grades eleven (11) and twelve (12) additionally, 7

writing in grade eleven (11). The jobs skills assessment 8

test shall at a minimum test in the areas of applied math, 9

reading for information and locating information. The 10

state superintendent shall pay all costs associated with 11

administering the college entrance examination and the jobs 12

skills assessment test and shall schedule a day during 13

which both examinations shall be provided to and one (1) 14

shall be administered to all eleventh and twelfth grade 15

students throughout the state. In addition, the college 16

entrance examination may be administered to the twelfth 17

grade students on a different day than administration to 18

eleventh grade students. The date for administration in 19

grade eleven (11) shall be selected so that following 20

receipt of scores, students may timely register for senior 21

year classes which may be necessary to allow the student to 22

qualify for a state provided scholarship. The state 23


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superintendent may enter into agreements with an 1

administrator of the college entrance examination and an 2

administrator of the jobs skills assessment test and adopt 3

rules as necessary to ensure compliance with any 4

requirements of an administrator, such as a secure 5

environment; 6

7

21-2-204. Wyoming Accountability in Education Act; 8

statewide education accountability system created. 9

10

(b) A statewide education accountability system shall 11

be established in accordance with this section, which 12

considers use of implements the components of the education 13

resource block grant model as defined by W.S. 14

21-13-101(a)(xiv) and as contained in Attachment "A" as 15

defined under W.S. 21-13-101(a)(xvii). The first phase of 16

this system shall be a school-based system that includes is 17

based on student performance as measured determined through 18

multiple indicators in those subjects for which students 19

are assessed as specified by this subsection, that are 20

reported in terms of student achievement at prescribed 21

performance levels, and that are aggregated to the school 22

level. Core indicators of student performance under the 23


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first phase of the statewide school-based accountability 1

system for each applicable school shall be measures of 2

school performance. The goals of the Wyoming Accountability 3

in Education Act are to: 4

5

(iii) Become a national education leader among 6

states; 7

8

(iv) Ensure all students leave Wyoming schools 9

career or college ready; 10

11

(v) Recognize student growth and increase the 12

rate of that growth for all students; 13

14

(vi) Recognize student achievement and minimize 15

achievement gaps; 16

17

(vii) Improve teacher, school and district 18

leader quality. School and district leaders shall include 19

superintendents, principals and other district or school 20

leaders serving in a similar capacity; 21

22

(viii) Maximize efficiency of Wyoming education; 23


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1

(ix) Increase credibility and support for 2

Wyoming public schools. 3

4

(c) School level performance in reading shall be 5

measured by the statewide assessment system implemented by 6

the state board of education under W.S. 21-2-304(a)(v). 7

Additional secondary school outcomes shall be measured in 8

accordance with subsection (d) of shall be determined by 9

measurement of performance indicators and attainment of 10

student performance as specified by this section. To the 11

extent applicable, each measure shall be aggregated to the 12

school level based upon those grades served inclusive to 13

each school as reported by the respective school district 14

to the department of education. The indicators of school 15

level performance shall be: 16

17

(i) Student longitudinal academic growth in 18

reading and mathematics and academic achievement in 19

reading, writing, mathematics and science as measured by 20

the Wyoming statewide assessments administered pursuant to 21

W.S. 21-2-304(a)(v); 22

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(ii) Readiness, as defined by a standardized 1

college readiness test covering English, reading, 2

mathematics and science, with school level results 3

aggregated according to a procedure in which values and 4

weights are determined by a deliberative method tied to 5

specific definitions of post secondary readiness, 6

administered as follows: 7

8

(A) In the fall semester in grade nine (9); 9

10

(B) In grade ten (10). 11

12

(iii) Readiness, as defined by a standardized 13

achievement college entrance examination administered 14

pursuant to W.S. 21-2-202(a)(xxx) in grades eleven (11) and 15

twelve (12), covering at a minimum English, reading, 16

writing, mathematics and science in grade eleven (11), and 17

English, reading, mathematics and science in grade twelve 18

(12), with school level results aggregated according to a 19

procedure in which values and weights determined by a 20

deliberate method are tied to specific definitions of post 21

secondary readiness; 22

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(iv) Readiness, as defined by graduation or high 1

school completion rates. 2

3

(d) Beginning in school year 2011-2012 2012-2013, and 4

each school year thereafter, the department of education 5

shall compute a combined and report an overall school score 6

for performance rating measured by student performance in 7

the core on those performance indicators specified under 8

subsection (b) (c) of this section. as follows: Any school 9

may through its school district, seek informal review of 10

any overall school performance rating or other performance 11

determination rendered by the state board under subsection 12

(e) of this section by filing a request with the state 13

board. The state board shall promulgate rules and 14

regulations governing an informal review process conducted 15

under this subsection. 16

17

(e) The state board shall compile, evaluate and 18

determine the target levels for an overall school 19

performance rating and for content level performance. This 20

determination by the board shall be developed through a 21

prescribed deliberative process informed by a panel 22

comprised of broad based representation from both public 23


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education and the community at-large. The target level 1

levels for student school performance under the first phase 2

of the statewide accountability system shall be positive 3

progress on all core performance indicators measured under 4

subsection (d) (c) of this section shall conform to the 5

January 2012 education accountability report as defined by 6

subsection (k) of this section and shall be used by the 7

state board to: 8

9

(i) Identify four (4) levels of school 10

performance tied to the overall school performance rating 11

that demonstrate a range of performance levels as follows: 12

13

(A) Exceeding expectations including those 14

schools performing above standards in all measured areas; 15

16

(B) Meeting expectations; 17

18

(C) Partially meeting expectations; and 19

20

(D) Not meeting expectations. 21

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(ii) Further measure performance specified under 1

paragraph (i) of this subsection by identifying content 2

level performance in all areas specified by subsection (c) 3

of this section and from this analysis determine schools 4

that are exceeding, meeting or are below targets in each 5

content area; 6

7

(iii) Coordinate the target levels, school and 8

content level determinations with the availability of the 9

system of support, interventions and consequences 10

administered in accordance with subsection (f) of this 11

section. 12

13

(f) A progressive multi-tiered system of support, 14

intervention and consequences to assist schools shall be 15

established by the state board and shall conform to the 16

January 2012 education accountability report as defined by 17

subsection (k) of this section. The system shall clearly 18

identify and prescribe the actions for each level of 19

support, intervention and consequence. Commencing with 20

school year 2013-2014, and each school year thereafter, any 21

school that fails to meet the computed school improvement 22

targets established under subsection (e) of this section 23


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shall be subject to the state superintendent shall take 1

action based upon system results according to the 2

following: 3

4

(iii) Schools designated as exceeding 5

expectations shall file a communication plan with the 6

school district superintendent and the department to 7

document effective practices and to communicate effective 8

practices with other schools in the state; 9

10

(iv) Schools designated as meeting expectations 11

shall file an improvement plan with the school district 12

superintendent and the department. The plan shall be based 13

upon an evaluation of the strengths and deficiencies in 14

specific indicator scores that identifies appropriate 15

improvement goals with an explanation of the measures and 16

methods chosen for improvement, the processes to be 17

implemented to deliver the improvement measures, 18

identification of relevant timelines and benchmarks and an 19

articulation of the process for measuring success of the 20

methods chosen to increase performance. The state 21

superintendent shall appoint a representative from the 22

department in accordance with paragraph (vii) of this 23


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subsection to monitor the school's progress towards meeting 1

the specified goals and implementation of the processes, 2

measures and methods as contained in the school's plan. 3

The representative shall assist the district, if requested, 4

in identifying and securing the necessary resources to 5

support the goals as stated by the school and the district; 6

7

(v) Schools designated as partially meeting 8

expectations shall file an improvement plan in accordance 9

with paragraph (iv) of this subsection that identifies and 10

addresses all content areas where performance is below 11

target levels. The state superintendent shall appoint a 12

representative from the department in accordance with 13

paragraph (vii) of this subsection to monitor the school's 14

progress towards meeting the specified goals and 15

implementation of the processes, measures and methods as 16

contained in the school's plan. The representative shall 17

assist the district in identifying and securing the 18

necessary resources to support the goals as stated by the 19

school and the district. Failure to meet improvement goals 20

as specified in the plan for two (2) consecutive years may 21

require that the school be subject to paragraph (vi) of 22

this subsection; 23


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1

(vi) Schools designated as not meeting 2

expectations shall file an improvement plan in accordance 3

with paragraph (iv) of this subsection that identifies and 4

addresses all content areas where performance is below 5

target levels. The state superintendent shall appoint a 6

representative from the department in accordance with 7

paragraph (vii) of this subsection to assist in drafting 8

the improvement plan, including the selection of programs 9

and interventions to improve student performance. The 10

representative shall perform duties as required by 11

paragraph (v) of this subsection. The plan shall be 12

approved by the local board of trustees and submitted to 13

the school district superintendent prior to submission to 14

the department. The plan shall describe the personnel and 15

financial resources within the education resource block 16

grant model as defined by W.S. 21-13-101(a)(xiv) necessary 17

for implementation of the measures and methods chosen for 18

improvement and shall specify how resources shall be 19

reallocated, if necessary, to improve student performance. 20

Failure to meet improvement goals as specified in the plan 21

for two (2) consecutive years may be grounds for dismissal 22

of the school principal pursuant to W.S. 21-7-110; 23


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1

(vii) A representative shall be appointed by the 2

state superintendent for all schools designated under 3

paragraphs (iv) through (vi) of this subsection to serve as 4

a liaison between the school district leadership and the 5

department. The representative shall be an employee of the 6

department, an employee of a Wyoming school district or any 7

combination, and may constitute more than one (1) 8

individual for schools requiring substantial intervention 9

and support. Among other duties as may be requested by the 10

district or department, the representative shall review and 11

approve improvement plans submitted by schools in 12

accordance with paragraphs (iv) through (vi) of this 13

subsection. Requested resources for improvement plan 14

implementation, or the reallocation of existing resources 15

for plan implementation, shall be based upon a 16

comprehensive review of the available research. 17

Justification for resource allocation or reallocation shall 18

be incorporated within the written improvement plan. The 19

representative shall possess expertise appropriate to 20

particular strategies incorporated within improvement plans 21

to enable necessary plan evaluation, and shall be 22

commensurate with the level of intervention, support and 23


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consequences to be administered under this subsection. The 1

state superintendent shall annually report to the state 2

board on the progress of each school in meeting annual 3

goals and overall improvement targets, fully describing the 4

effectiveness and deficiencies of efforts to improve school 5

performance in performance categories prescribed by this 6

section, including the efficacy of representatives 7

appointed under this paragraph; 8

9

(viii) To the extent permitted by law and rule 10

and regulation, plans submitted in compliance with 11

paragraphs (iii) through (vi) of this subsection shall 12

serve to comply with similar requirements administered by 13

the state superintendent and the department to minimize 14

submission of duplicative information, material and the 15

administrative burdens on schools. All plans submitted 16

under this subsection shall be made available for public 17

inspection through internet access as defined by W.S. 18

9-2-1035(a)(iii); 19

20

(iii)(ix) In addition to paragraph (ii) paragraphs 21

(iii) through (viii) of this subsection, the state board 22

shall administer this subsection as part of school district 23


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accreditation required under W.S. 21-2-304(a)(ii), through 1

appropriate administrative action taken in accordance with 2

W.S. 21-2-304(b)(ii). 3

4

(h) Measured performance results obtained and 5

collected pursuant to this section, together with 6

subsequent actions responding to results, shall be combined 7

with other information and measures maintained and acquired 8

under W.S. 21-2-202(a)(xxi), 21-2-304(a)(v)(H), 9

21-3-110(a)(xxiv) and otherwise by law, to be used as the 10

basis of a statewide system for providing periodic and 11

uniform reporting on the progress of state public education 12

achievement compared to established targets. The statewide 13

accountability system shall include a process for 14

consolidating, coordinating and analyzing existing 15

performance data and reports for purposes of aligning with 16

the requirements of this section and for determinations of 17

student achievement incorporated into the statewide system. 18

The reporting system shall describe the performance of each 19

public school in Wyoming and the performance report shall: 20

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(i) Include an overall school performance rating 1

along with ratings for each of the indicators in the 2

accountability system that: 3

4

(A) Supports the overall school performance 5

rating; and 6

7

(B) Provides detailed information for 8

analysis of school performance on the various components of 9

the system. 10

11

(ii) Be disaggregated as appropriate by content 12

level, target level, grade level and appropriate subgroups 13

of students. For purposes of this paragraph, reported 14

subgroups of students shall include at minimum, 15

economically disadvantaged students, English language 16

learners, identified racial and ethnic groups and students 17

with disabilities; and 18

19

(iii) Provide longitudinal information to track 20

student performance on a school, district and statewide 21

basis. 22

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(j) Reporting under subsection (h) of this section 1

shall provide valid and reliable data on the operation and 2

impact of the accountability system established under this 3

section, for use by the legislature to analyze system 4

effectiveness and to identify system improvements that may 5

be necessary. Beginning school year 2013-2014 and each 6

school year thereafter, the state board shall annually 7

review the statewide education accountability system, 8

including but not limited to a review of the 9

appropriateness of the performance indicators, the measures 10

used to demonstrate performance, the methods used to 11

calculate school performance, the target levels and 12

statewide, district and school attainment of those levels 13

and the system of support, intervention and consequences. 14

Not later than September 1, 2014, and each September 1 15

thereafter, the state board shall report to the joint 16

education interim committee on the information required 17

under this subsection and the results of the accountability 18

system for each school in the state. 19

20

(k) As used in this section, the "January 2012 21

education accountability report" means the report prepared 22

by legislative consultants submitted to and approved by the 23


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legislature that addresses phase one of the statewide 1

accountability in education system and establishes the 2

design framework for this system. The report is on file 3

with and available for public inspection from the 4

legislative service office. 5

6

21-2-304. Duties of the state board of education. 7

8

(a) The state board of education shall: 9

10

(iv) Establish, in consultation with local 11

school districts, requirements for students to earn a high 12

school diploma as measured by each district's body of 13

evidence assessment system prescribed by rule and 14

regulation of the state board and required under W.S. 15

21-3-110(a)(xxiv). Beginning school year 2013-2014, and 16

each school year thereafter, the state board shall annually 17

review and approve each district's assessment system 18

designed to determine the various levels of student 19

performance and effective school year 2012-2013, and each 20

school year thereafter, shall require district 21

administration of common interim assessments statewide in 22

grades three (3) through eight (8). A high school diploma 23


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shall provide for one (1) of the following endorsements 1

which shall be stated on the transcript of each student: 2

3

(v) Through the state superintendent and in 4

consultation and coordination with local school districts, 5

implement a statewide assessment system comprised of a 6

coherent system of measures that when combined, provide a 7

reliable and valid measure of individual student 8

achievement for each public school and school district 9

within the state, and the performance of the state as a 10

whole. Statewide assessment system components shall be in 11

accordance with requirements of the statewide education 12

accountability system pursuant to W.S. 21-2-204. 13

Improvement of teaching and learning in schools, attaining 14

student achievement targets for core performance indicators 15

established under W.S. 21-2-204 and fostering school 16

program improvement shall be the primary purposes of 17

statewide assessment of student performance in Wyoming. 18

The statewide assessment system shall: 19

20

(B) Be administered at appropriate levels 21

at in specified grades and at appropriate intervals aligned 22

to the student content and performance standards, 23


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specifically assessing student performance in reading and 1

mathematics at grades four (4), eight (8) and eleven (11), 2

and effective school year 2005-2006, and each school year 3

thereafter, assessing student performance in reading and 4

mathematics at grades three (3) through eight (8) and at 5

grade eleven (11). In addition, and commencing school year 6

2007-2008 and each school year thereafter, the statewide 7

assessment system shall assess student performance in 8

science not less than once within each grade band for 9

grades three (3) through five (5), grades six (6) through 10

eight (8) and grades ten (10) through twelve (12). 11

Effective school year 2013-2014 and each school year 12

thereafter, the statewide assessment system shall assess 13

student performance in science at grades three (3) through 14

eight (8) and grade eleven (11). As a component of the 15

statewide assessment system but separately administered, 16

the statewide writing assessment shall be a valid and 17

reliable measure of student writing according to the 18

writing content and performance standards promulgated under 19

paragraph (iii) of this subsection implementing the common 20

core of knowledge and skills as required by W.S. 21-9-101, 21

and shall allow for monitoring and evaluation of annual 22

trends in student and school level writing performance. 23


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Effective school year 2013-2014 and each school year 1

thereafter, the statewide writing assessment shall be 2

administered to grades four (4), six (6), eight (8) and 3

eleven (11). The structure and design of the assessment 4

system shall allow for the comprehensive measurement of 5

student performance through assessments that are 6

administered each school year simultaneously on a statewide 7

basis, with the writing assessment administered separately 8

statewide; 9

10

(D) Measure year-to-year changes in student 11

performance and progress in the subjects specified under 12

subparagraph (a)(v)(B) of this section, and not later than 13

school year 2013-2014, link student performance and 14

progress to teachers of record and compare and evaluate 15

student achievement during the process of student 16

advancement through grade levels and school and district 17

leaders, including superintendents, principals and other 18

district or school leaders serving in a similar capacity. 19

The assessment system shall ensure the integrity of student 20

performance measurements used at each grade level to enable 21

valid year-to-year comparisons and shall be sufficient to 22


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capture necessary data to enable application of measures of 1

core indicators as required under W.S. 21-2-204; 2

3

(E) Include multiple measures and item 4

types to ensure alignment to the statewide content and 5

performance standards, including grade appropriate open 6

response tasks, including constructed and extended response 7

items as appropriate and multiple choice items; to ensure 8

alignment to the statewide student content and performance 9

standards; 10

11

(H) Provide a measure of accountability to 12

enhance learning in Wyoming and in combination with other 13

measures and information, assist school districts in 14

determining individual student progress as well as school 15

level achievement, growth and readiness targets. In 16

addition to reporting requirements imposed under W.S. 17

21-2-204, the assessment results shall be reported to 18

students, parents, schools, school districts and the public 19

in an accurate, complete and timely manner. Assessment 20

results shall be used in conjunction with a school 21

district's annual assessment to design educational 22

strategies for improvement and enhancement of student 23


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performance required under W.S. 21-2-204. Assessment 1

results shall also be used to guide actions by the state 2

board and the department in providing and directing a 3

progressive multi-tiered system of support, intervention 4

and technical assistance consequences to districts in 5

developing school turn-around improvement plans in response 6

to student performance to attain target indicators levels 7

measured and established under W.S. 21-2-204. In 8

consultation and coordination with school districts, the 9

board shall subject to W.S. 21-2-204, review and evaluate 10

the assessment system regularly and based upon uniform 11

statewide reports, annually report to the legislature not 12

later than December 1 as required under W.S. 21-2-204. 13

14

(vi) Subject to and in accordance with W.S. 15

21-2-204, through the state superintendent and in 16

consultation and coordination with local school districts, 17

by rule and regulation implement a statewide accountability 18

system. The accountability system shall include a 19

technically defensible approach to calculate achievement, 20

growth and readiness as required by W.S. 21-2-204. The 21

state board shall establish performance targets as required 22

by W.S. 21-2-204(e) and establish a progressive multi-23


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tiered system of supports, interventions and consequences 1

as required by W.S. 21-2-204(f). The system created shall 2

conform to the January 2012 education accountability report 3

as defined by W.S. 21-2-204(k). In addition and for 4

purposes of complying with requirements under the federal 5

No Child Left Behind Act of 2001, the board shall by rule 6

and regulation provide for annual accountability 7

determinations based upon adequate yearly progress measures 8

imposed by federal law for all schools and school districts 9

imposing a range of educational consequences and supports 10

resulting from accountability determinations; 11

12

(b) In addition to subsection (a) of this section and 13

any other duties assigned to it by law, the state board 14

shall: 15

16

(xv) Not later than July 1, 2013, promulgate 17

rules and regulations for the development, assessment and 18

approval of implementation and administration of an annual 19

school district teacher performance evaluation systems 20

system based in part upon defined student academic growth 21

performance measures as prescribed by law and upon 22

longitudinal data systems linking student achievement with 23


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teachers of record., The evaluation system shall clearly 1

prescribing prescribe standards for satisfactory and 2

unsatisfactory performance and define teacher of record for 3

purposes of the teacher and school district leader 4

evaluation and accountability system. Rules and 5

regulations adopted under this paragraph shall to the 6

extent student achievement measures are the statewide 7

accountability system is not compromised, provide district 8

ability to include a portion of an evaluation system 9

designed to address allow districts the opportunity to 10

tailor the system to meet the individual needs of the 11

district. The performance evaluation system shall also 12

include reasonable opportunity for state and district 13

provision of mentoring and other professional development 14

activities made available to teachers performing 15

unsatisfactorily, which are designed to improve instruction 16

and student achievement; 17

18

(xvi) Not later than July 1, 2013, promulgate 19

rules and regulations for implementation and administration 20

of an annual performance evaluation system for school and 21

district leadership, including superintendents, principals 22

and other district or school leaders serving in a similar 23


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capacity. The performance evaluation system shall include 1

reasonable opportunity for state and district provision of 2

mentoring and other professional development activities 3

made available to district administrative personnel 4

performing unsatisfactorily, designed to improve 5

leadership, management and student achievement; 6

7

(xvi)(xvii) Through the state superintendent, 8

implement, administer and supervise education programs and 9

services for adult visually handicapped and adult hearing 10

impaired persons within the state. 11

12

21-3-110. Duties of boards of trustees. 13

14

(a) The board of trustees in each school district 15

shall: 16

17

(xvii) Not later than school year 2013-2014 and 18

each school year thereafter, require the performance of 19

each initial contract teacher to be evaluated in writing at 20

least twice annually based in part upon student achievement 21

measures as prescribed by rule and regulation of the state 22


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board under W.S. 21-2-304(b)(xv). The teacher shall 1

receive a copy of each evaluation of his performance; 2

3

(xviii) Not later than school year 2013-2014 and 4

each school year thereafter, establish a teacher 5

performance evaluation system and require the performance 6

of each continuing contract teacher to be evaluated in 7

writing at least once each year based in part upon student 8

achievement measures as prescribed by rule and regulation 9

of the state board under W.S. 21-2-304(b)(xv). The teacher 10

shall receive a copy of each evaluation of his performance; 11

12

(xix) Not later than school year 2013-2014 and 13

each school year thereafter, based in part upon student 14

achievement measures established by the state board of 15

education under W.S. 21-2-304(b)(xv), performance 16

evaluations shall serve as a basis for improvement of 17

instruction, enhancement of curriculum program 18

implementation, measurement of both individual teacher 19

performance and professional growth and development and the 20

performance level of all teachers within the school 21

district, and as documentation for unsatisfactory 22


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performance for dismissal, suspension and termination 1

proceedings under W.S. 21-7-110; 2

3

(xxiv) Establish a student assessment system to 4

measure student performance relative to the uniform student 5

content and performance standards in all content areas for 6

which the state board has promulgated standards pursuant to 7

W.S. 21-2-304(a)(iii). To the extent required by W.S. 8

21-2-204 and 21-2-304(a)(vii), the district assessment 9

system shall be integrated with the statewide assessment 10

system and the statewide accountability system. Beginning 11

school year 2012-2013 and each school year thereafter, a 12

component of the district assessment system shall include 13

interim assessments in grades three (3) through eight (8), 14

common to all districts statewide, which are administered 15

in grades three (3) through eight (8) at least three (3) 16

times during any one (1) school year. An additional 17

component of the district assessment system shall include 18

common benchmark assessments administered in summer school 19

and extended day intervention and remediation programs in 20

accordance with W.S. 21-13-334(h)(iv). Components of the 21

district assessment system required by this paragraph shall 22

include the following: be designed and used to determine 23


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the various levels of student performance and attainment of 1

high school graduation as described in the uniform student 2

content and performance standards relative to the common 3

core of knowledge and skills prescribed under W.S. 4

21-9-101(b). Beginning school year 2013-2014 and each 5

school year thereafter, the district shall on or before 6

August 1, report to the state board in accordance with W.S. 7

21-2-304(a)(iv) on its assessment system established under 8

this paragraph; 9

10

(xxix) Beginning in the spring semester 2007 11

2013, and each spring semester thereafter, administer a 12

program where all students enrolled in the eleventh grade 13

and twelfth grades in the district shall be required to 14

take, on a date specified by the state superintendent, 15

either a standardized, curriculum based, achievement 16

college entrance examination or a jobs skills assessment 17

test in accordance with W.S. 21-2-202(a)(xxx). Each school 18

district shall provide the opportunity for all home school 19

and private school students in the eleventh grade and 20

twelfth grades and residing within the district to take 21

either the examination or the jobs skills assessment test 22

one (1) time at no cost to the student on the same date the 23


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examination and test are administered to all eleventh and 1

twelfth grade public school students in the state. The 2

results of the examination or jobs skills assessment test 3

taken shall be included in each student's transcript; 4

5

(xxx) Not later than school year 2013-2014 and 6

each school year thereafter, in addition to paragraphs 7

(xvii), (xviii) and (xix), require the performance of each 8

school principal district leader, including superintendents 9

and principals and other district or school leaders serving 10

in a similar capacity to be evaluated by the district 11

superintendent in accordance with the statewide education 12

accountability system established under W.S. 21-2-204. Not 13

later than August 15, 2014 and each school year thereafter, 14

in accordance with rules and regulations of the state 15

board, the district board shall also provide the state 16

board written reports verifying principal school district 17

leader performance and providing performance scores 18

necessary for continued employment; 19

20

(b) On or before April 15, of each school year, 2014 21

and each school year thereafter, each school district 22

superintendent shall provide a report to the board of 23


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trustees identifying all teachers and school and district 1

leaders within the district whose performance, through 2

evaluations conducted under paragraphs (a)(xvii) through 3

(xix) and (xxx) of this section, has been determined 4

inadequate or unsatisfactory for that school year. The 5

report shall include a summary of mentoring and other 6

professional development activities made available to the 7

identified school and district leaders and teachers to 8

improve instruction and student achievement. Not later 9

than June 1, of each school 2014 and each school year 10

thereafter, the board shall file a report with the 11

department of education certifying compliance with this 12

subsection. 13

14

21-7-102. Definitions. 15

16

(a) As used in this article the following definitions 17

shall apply: 18

19

(ii) "Continuing Contract Teacher": 20

21

(A) Any initial contract teacher who has 22

been employed by the same school district in the state of 23


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Wyoming for a period of three (3) consecutive school years, 1

has performed satisfactorily on performance evaluations 2

implemented by the district under W.S. 21-3-110(a)(xvii) 3

during this period of time and has had his contract renewed 4

for a fourth consecutive school year and, beginning school 5

year 2013-2014 and each school year thereafter, has 6

performed satisfactorily on performance evaluations 7

implemented by the district under W.S. 21-3-110(a)(xvii) 8

during this period of time; or 9

10

(B) A teacher who has achieved continuing 11

contract status in one (1) district, and who without lapse 12

of time has taught two (2) consecutive school years and has 13

had his contract renewed for a third consecutive school 14

year by the employing school district, and, beginning 15

school year 2013-2014 and each school year thereafter, has 16

performed satisfactorily on performance evaluations 17

conducted by both districts under W.S. 21-3-110(a)(xvii) 18

during this period of time. 19

20

21-7-110. Suspension or dismissal of teachers; 21

notice; hearing; independent hearing officer; board review 22

and decision; appeal. 23


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1

(a) The board may suspend or dismiss any teacher, or 2

terminate any continuing contract teacher, for any of the 3

following reasons: 4

5

(vii) Beginning school year 2013-2014 and each 6

school year thereafter, inadequate performance as 7

determined through annual performance evaluation tied to 8

student academic growth completed in accordance with W.S. 9

21-3-110(a)(xvii) through (xix); 10

11

Section 2. W.S. 21-2-204(b)(i), (ii), (d)(i) through 12

(iii), (f)(i) and (ii), 21-2-304(a)(vii), 13

21-3-110(a)(xxiv)(A) and (B) and 2011 Wyoming Session Laws, 14

Chapter 184, Section 4(g) and (h) and Section 5(a) and 15

(b)(v) are repealed. 16

17

Section 3. 18

19

(a) Notwithstanding 2011 Wyoming Session Laws, 20

Chapter 184, Sections 4 and 5, there shall be no benchmark 21

adaptive assessment implemented or administered as a result 22

of the Wyoming Accountability in Education Act. In lieu of 23


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the benchmark adaptive assessment, the statewide assessment 1

system as mandated by W.S. 21-2-304(a)(v) shall be utilized 2

for purposes of determining student achievement and growth. 3

The state superintendent shall request an amendment to 4

Wyoming's federal accountability workbook from the United 5

States department of education allowing the reading 6

assessment to fulfill the language requirements of the 7

statewide assessment administered under W.S. 21-2-304(a)(v) 8

and the language arts requirement of the federal No Child 9

Left Behind Act of 2001. The state superintendent shall 10

report to the select committee on statewide education 11

accountability on the status of the amendment on or before 12

July 1, 2012. 13

14

(b) Notwithstanding 2011 Wyoming Session Laws, 15

Chapter 184, Section 5(b)(v), the state board shall, in 16

accordance with and as a part of the statewide assessment 17

system administered in accordance with W.S. 21-2-304(b)(v), 18

establish a separate writing assessment to be implemented 19

and administered statewide in school year 2013-2014 and 20

each school year thereafter. The assessment shall be a 21

valid and reliable measure of student writing according to 22

the writing content and performance standards adopted by 23


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the state board under W.S. 21-2-304(a)(iii) and shall allow 1

for monitoring and evaluation of trends in writing 2

performance on an individual student and school basis. 3

Until the amendment request is granted under subsection (a) 4

of this section, the separate statewide writing assessment 5

shall be administered in grades four (4), six (6), eight 6

(8) and grade eleven (11) each year on one (1) day, not to 7

exceed a total of two (2) hours thirty (30) minutes of 8

assessment time for any grade specified in this subsection 9

during any statewide administration. The state board shall 10

report to the select committee on statewide education 11

accountability not later than July 1, 2012 on the status of 12

the writing assessment required by this subsection and W.S. 13

21-2-304(a)(v). 14

15

(c) In addition to subsection (b) of this section, 16

the state board, through the department of education, shall 17

commence development of a statewide assessment system 18

complying with the requirements imposed under W.S. 19

21-2-304(a)(v), as amended by section 1 of this act. The 20

state board shall periodically report to the select 21

committee on progress on assessment development under this 22

act, and shall at minimum report to the select committee 23


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prior to issuing any request for proposal or contract 1

amendment to commence assessment system development and 2

implementation. 3

4

Section 4. 5

6


Chapter 184, Section 4, the select committee on statewide 8

education accountability shall continue through December 9

31, 2013. The chairman of the senate education committee 10

and the chairman of the house education committee shall 11

continue to serve as cochairmen of the select committee. 12

The members appointed under 2011 Wyoming Session Laws, 13

Chapter 184, Section 4(b) shall continue to serve on the 14

select committee through December 31, 2012. New members 15

shall be appointed for terms commencing with the sixty-16

first legislature as provided in 2011 Wyoming Session Laws, 17

Section 4(b). Select committee members shall receive 18

compensation, per diem and travel expense reimbursement in 19

the manner and amount prescribed under W.S. 28-5-101. The 20

appointing authority for any member who vacates membership 21

shall fill the vacancy. 22

23


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(b) Notwithstanding 2011 Wyoming Session Laws, 1

Chapter 184, Section 4, the advisory committee shall 2

continue to assist the select committee as the select 3

committee deems necessary through December 31, 2013. The 4

members appointed under 2011 Wyoming Session Laws, Chapter 5

184, Section 4(d) shall continue to serve on the advisory 6

committee. The appointing authority for any member who 7

vacates membership shall fill the vacancy. Any member 8

appointed to the advisory committee which is not an 9

employee of a governmental subdivision or a member of a 10

political subdivision board or commission shall receive per 11

diem and travel expenses in the manner and amount provided 12

state employees under W.S. 9-3-103. 13

14

(c) The legislative service office shall staff the 15

select committee and the advisory committee. The 16

department of education, the state superintendent and other 17

state agencies shall provide information and other 18

assistance as requested by the select committee or the 19

advisory committee. The legislative service office may 20

retain consultants as necessary to staff and advise the 21

select committee in executing responsibilities prescribed 22

by this act. The management council may expend funds 23


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40

appropriated by the legislature for approved contractual 1

agreements between the council and professional consultants 2

on behalf of the select committee. 3

4

Section 5. 5

6

(a) The state board, in consultation with the 7

department of education, shall report to the legislative 8

service office not later than August 15, 2012 on the 9

implementation of phase one of the statewide education 10

accountability system as amended by W.S. 21-2-204 and 11

21-2-304(a)(vi). Except as provided under W.S. 12

21-2-304(a)(v) for delayed implementation of several 13

components of the statewide assessment system, the report 14

shall include the design and proposed business rules for 15

implementation and administration of a fully operational 16

phase one statewide education accountability system by 17

school year 2012-2013. The department of education shall 18

use available data from school year 2011-2012 and all 19

applicable prior years to demonstrate the operation of 20

phase one of the system and application of the business 21

rules as proposed by the state board. As subsequent data 22

may become available, the department shall review the 23


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41

operation of phase one of the system and based upon that 1

review, report to the state board any revisions for system 2

implementation. 3

4

(b) The system reported to the legislative service 5

office as required by subsection (a) of this section shall 6

conform to the January 2012 education accountability report 7

as defined by W.S. 21-2-204(k). For system indicators and 8

data not yet collected but specified in the January 2012 9

report or otherwise required by this act, the department of 10

education shall provide a specific plan describing how the 11

indicators will be incorporated into accountability system 12

computations and analysis upon becoming available. In 13

addition, the department shall calculate overall school and 14

indicator level results for the 2012-2013 pilot school year 15

based upon data available during the 2011-2012 school year 16

and all applicable prior school years. The report shall 17

incorporate business rules and a plan for administration 18

and implementation which at a minimum includes the 19

following elements: 20

21


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(i) A technically defensible approach to 1

calculate achievement, growth and readiness as required by 2

W.S. 21-2-204(d), as amended by section 1 of this act; 3

4

(ii) Use of a deliberative process informed by 5

broad-based representation of public education and the 6

community at-large in developing and establishing 7

performance levels on the various performance indicators 8

and the overall process as required under W.S. 21-2-204(e), 9

as amended by section 1 of this act; 10

11

(iii) Performance targets and levels of 12

performance required by W.S. 21-2-204(e), as amended by 13

section 1 of this act; 14

15

(iv) Inclusion requirements, including but not 16

limited to: 17

18

(A) The identification and definition of 19

students who shall be assessed to determine school 20

performance and accountability with the expectation that 21

all Wyoming students in eligible grades shall participate 22

in the assessment and accountability system; 23


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1

(B) Identification and definition of the 2

minimum number of students and data elements acceptable for 3

calculation of school, student and group performance and 4

accountability; and 5

6

(C) Identification and definition of an 7

academic year for purposes of determining school 8

performance and accountability. 9

10

(v) Attribution requirements, including but not 11

limited to the identification and definition of school 12

configurations and the identification and definition of the 13

linkage necessary between a student and a school that shall 14

be used for determining school performance and 15

accountability. 16

17

(c) A separate component of the report required under 18

this section shall include a design document and 19

implementation plan describing the provision of a 20

progressive multi-tiered system of supports, interventions 21

and consequences administered by the department and the 22

state board based upon the performance of each school at 23


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44

each level as required by W.S. 21-2-204(f), as amended by 1

section 1 of this act. In administering the state system 2

of supports, interventions and consequences established by 3

the state board and in appointing representatives to assist 4

schools, school districts and the department in developing 5

school improvement plans and resourcing plan 6

implementation, the state superintendent shall first 7

consider the level of expertise appropriate for the 8

development and implementation of a particular improvement 9

plan and all associated education strategies. This 10

decision shall be followed by a consideration of the level 11

of critical review and evaluation required for evaluating 12

school improvement plans and the required level of 13

evaluation of the accuracy of any research synthesis 14

incorporated into plan implementation. The state 15

superintendent shall, depending upon the level of expertise 16

required, appoint a representative from the department or 17

from a school district, or both, and may appoint a 18

representative through contracted expertise. In those 19

schools requiring substantial intervention and support, the 20

state superintendent may establish a support structure for 21

that school comprised of distinguished educators possessing 22

the necessary credentials, education and expertise to 23


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assist schools appropriately, who possess the necessary 1

experience, education and expertise commensurate with the 2

level of intervention, support and consequences to be 3

administered. The state superintendent shall report the 4

effectiveness of appointed representatives in improving 5

school performance in the annual report to the state board, 6

as required under W.S. 21-2-204(f)(vii), as amended by 7

section 1 of this act. 8

9

(d) The legislative service office shall review the 10

report submitted by the state board and department of 11

education in accordance with this section and report 12

findings and recommendations to the advisory committee 13

reestablished under section 4(b) of this act regarding the 14

proposed implementation and administration of phase one of 15

the statewide education accountability system for school 16

year 2012-2013. Not later than September 15, 2012, the 17

advisory committee and the legislative service office shall 18

report to the select committee on recommendations, 19

conclusions and findings in response to the submission of 20

the report. 21

22

Section 6. 23


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1


Chapter 184, Section 4(g), the select committee on 3

statewide education accountability shall continue the study 4

of phase one of the statewide education accountability 5

system and initiate phase two of the statewide education 6

accountability study in accordance with subsection (c) of 7

this section. The select committee shall report to the 8

legislature on its findings and include recommendations for 9

implementing legislation and a timeline for implementation 10

when applicable. 11

12

(b) The select committee shall continue to study and 13

develop recommendations as related to phase one of the 14

education accountability act in the following areas: 15

16

(i) Additional measures of assessment and data 17

elements at the secondary level that may account for 18

students taking more than four (4) years to graduate or 19

complete the general educational development (GED) tests or 20

other appropriate measures of high school completion; 21

22


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(ii) Additional post secondary and career 1

information that may assist in the determination of growth 2

and achievement as related to career or college readiness. 3

The measures or data at a minimum shall include: 4

5

(A) Consideration of information related to 6

college course completion; 7

8

(B) Remediation needs and rates at both 9

Wyoming post secondary education institutions and to the 10

extent possible, institutions from other states; 11

12

(C) Enrollment and academic performance in 13

advance placement courses; 14

15

(D) Participation in joint enrollment or 16

other post secondary courses while enrolled at the 17

secondary level; 18

19

(E) Qualitative data; 20

21

(F) Attainment of career or industry 22

certification; and 23


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1

(G) Achievement of post secondary outcomes. 2

3

(iii) Notwithstanding 2011 Wyoming Session Laws, 4

Chapter 184, Section 4(f)(ii), the select committee shall 5

continue the study of an end of course assessment and 6

assessment systems that measure various levels of student 7

performance as described in the uniform student content and 8

performance standards as required by W.S. 21-2-304(a)(iv) 9

and 21-3-110(a)(xxiv). Not later than September 1, 2012, 10

the state board shall report and make recommendations to 11

the select committee on the use of an end of course 12

assessment system as a component of the statewide summative 13

assessment and for district assessment systems that are 14

designed and used to determine the various levels of 15

student performance for purposes of fulfilling high school 16

graduation requirements. Additionally, end of course 17

assessment results shall be used in the statewide 18

accountability system, the school district leader and 19

teacher accountability system and the student 20

accountability system. The recommendations shall conform 21

to the January 2012 education accountability report as 22

defined by W.S. 21-2-204(k); 23


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1

(iv) Data requirements and systems necessary to 2

support the statewide education accountability system and 3

the goal of improved student and school performance. 4

5

(c) The select committee shall study and develop 6

recommendations on phase two of the statewide education 7

accountability system, including the performance of school 8

and district leaders and teachers. For purposes of this 9

study, school and district leaders include superintendents, 10

principals and other district or school leaders serving in 11

a similar capacity. School district leader and teacher 12

evaluation and accountability shall at a minimum include 13

the following: 14

15

(i) A comprehensive definition of an effective 16

school district leader and teacher; 17

18

(ii) A measurement system to evaluate school and 19

district leaders' and teachers' performance relative to the 20

definition of an effective school district leader or 21

teacher, as appropriate; 22

23


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(iii) Definition of school district leader or 1

teacher of record; 2

3

(iv) The use of student performance results in a 4

valid and reliable manner; 5

6

(v) At least three (3) levels of performance for 7

school and district leaders and teachers, including highly 8

effective, effective and ineffective; 9

10

(vi) A differentiated system to account for 11

differences between novice school and district leaders or 12

teachers and more experienced school and district leaders 13

or teachers; 14

15

(vii) More frequent evaluation of novice school 16

and district leaders or teachers as compared to more 17

experienced school and district leaders or teachers that 18

receive effective or highly effective performance 19

evaluations for consecutive periods. 20

21

(d) Related to the school district leader and teacher 22

evaluation and accountability system, the select committee 23


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shall include a review of performance pay, which shall 1

consider merit-based salary schedules, bonuses, incentive 2

pay and differential staffing practices. 3

4

(e) In addition to subsections (c) and (d) of this 5

section, the select committee shall study and provide 6

recommendations on student and parental accountability, 7

providing incentives and sanctions to promote increased 8

student achievement, a review of existing statutes related 9

to incentives fostering improved student performance, 10

develop recommendations on training needs of school 11

district boards of trustees and shall explore different 12

approaches and methods of providing school district leader 13

development. 14

15

Section 7. 16

17

(a) For the period commencing on the effective date 18

of this section and ending June 30, 2014, unexpended, 19

unobligated amounts appropriated to the legislative service 20

office under 2010 Wyoming Session Laws, Chapter 39, Section 21

334(f)(ii), shall be available for expenditure by the 22

legislative service office. Additionally and 23


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notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), 1

any unexpended, unobligated monies appropriated from the 2

school foundation program account to the attorney general 3

under 2010 Wyoming Session Laws, Chapter 39, Section 2, 4

Section 015, for purposes of the school finance litigation 5

law office, shall not revert on June 30, 2012 and shall be 6

reappropriated for expenditure by the legislative service 7

office for the period commencing July 1, 2012 and ending 8

June 30, 2014. Expenditures of amounts appropriated and 9

reappropriated under this section shall be for professional 10

consulting expertise and other support necessary to carry 11

out and execute the work of the select committee on 12

statewide education accountability as required under this 13

act. Professional consulting expertise may be retained by 14

the legislative service office only upon approval of the 15

management council, and the unexpended, unobligated amounts 16

may be expended for contractual agreements between the 17

council and professional consultants. 18

19

(b) For the period beginning upon the effective date 20

of this section and ending June 30, 2014, seventy-five 21

thousand dollars ($75,000.00) is appropriated from the 22

unexpended, unobligated amounts appropriated to the 23


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legislative service office under 2010 Wyoming Session Laws, 1

Chapter 39, Section 334(f)(ii) for necessary expenses of 2

the select committee on statewide education accountability 3

established under this act, as necessary to carry out this 4

act. 5

6

(c) For the period commencing on the effective date 7

of this section and ending June 30, 2014, up to seven 8

hundred eighty-two thousand one hundred twenty-eight 9

dollars ($782,128.00) is appropriated from the school 10

foundation program account to the department of education 11

to provide for the statewide administration of the 12

standardized college readiness test in school years 13

2012-2013 and 2013-2014, covering English, reading, 14

mathematics and science in grade ten (10), as required by 15

W.S. 21-2-204(c)(ii)(B), as amended by section 1 of this 16

act, and for the statewide administration of the 17

standardized college entrance examination in grade twelve 18

(12) and the expansion of this administration to include 19

writing in grade eleven (11), all as required by W.S. 20

21-2-202(a)(xxx), as amended by section 1 of this act. 21

22


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(d) For the period commencing on the effective date 1

of this section and ending June 30, 2014, up to two hundred 2

fifty thousand dollars ($250,000.00) is appropriated from 3

the school foundation program account to the department of 4

education to provide the necessary support to the state 5

board of education in carrying out duties imposed upon the 6

board by this act. This appropriation may be expended for 7

acquisition of necessary professional consulting expertise. 8

The department shall report expenditures of amounts 9

appropriated under this subsection to members of the select 10

committee on statewide education accountability, initially 11

on or before December 1, 2012, and periodically thereafter 12

until the amount appropriated is expended or the 13

expenditure authority expires, whichever first occurs. 14

15

Section 8. 16

17

(a) Except as provided by subsection (b) of this 18

section, this act is effective immediately upon completion 19

of all acts necessary for a bill to become law as provided 20

by Article 4, Section 8 of the Wyoming Constitution. 21

22


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(b) Notwithstanding subsection (a) of this section, 1

W.S. 21-2-304(a)(v)(B) and (E) and (b)(xv), 2

21-3-110(a)(xvii), (xviii) and (xix) and (b), 3

21-7-102(a)(ii)(A) and (B) and 21-7-110(a)(vii) are 4

effective July 1, 2012. 5

6

(END) 7

only not approved for introduction

Documents