Select Committee on Statewide Education Committee Accountability

Draft Only

Approval Pending

S UMMARY of

P ROCEEDINGS JOINT E D U C AT IO N COMMITTEE AND SELECT COMMITTEE ON STATEWIDE

EDUCATION ACCOUNTABILITY

M EETING I NFORMATION December 14, 2015 Wort Hotel: Jackson Meeting Room 50 North Glenwood Street Jackson, Wyoming

SELECT COMMITTEE ON ST ATEW IDE EDUC ATI ON ACCOUNTABILITY M EM BERS PRESENT Senator Henry H.R. “Hank” Coe, Cochairman Representative David Northrup Cochairman Senator Dan Dockstader Senator Bill Landen Senator Jeff Wasserburger Senator Chris Rothfuss Representative Michael Madden Representative Jerry Paxton Representative Albert Sommers Representative Mary Throne (By Phone)

JOINT EDUC ATIO N COM M ITTEE M EM BERS PRESENT Senator Henry H.R. “Hank” Coe, Cochairman Representative David Northrup Cochairman Senator Dan Dockstader Senator Bill Landen Senator Stephan Pappas Senator Chris Rothfuss Representative John Freeman Representative Hans Hunt Representative Allen Jaggi Representative Mark Kinner Representative Jerry Paxton Representative Garry Piiparinen Representative Albert Sommers Representative Mary Throne (By Phone)

The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office (LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office, public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official record of the meeting. An index of these materials is provided at the end of this document and these materials are on file at the Legislative Service Office. For more information or to review meeting materials, please contact the Legislative Service Office at (307) 777-7881 or by e-mail at [email protected]. The Summary of Proceedings for each legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov. PAGE 2 OF 10

OTHER LEGISL ATORS PRESENT Representative Marti Halverson Representative Andy Schwartz

LEGISLATIVE SERVICE OFFICE STAFF Tania Hytrek, School Finance Manager Matt Willmarth, School Finance Analyst

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

EXECUTIVE SUMMARY A joint meeting of the Select Committee on Statewide Education Accountability (Select Committee) and the Joint Education Interim Committee (JEC) was held to receive an update on the statewide system of support required under Phase I (school level accountability) of the Wyoming Accountability in Education Act (WAEA) and for the Select Committee on Statewide Education Accountability to consider draft legislation requested by the Select Committee related to the statewide student assessment system, alternative school accountability, the assessment requirements of the Hathaway Scholarship Program and Phase II (leader and teacher support and evaluation) of the WAEA.

CALL TO ORDER Cochairman Northrup called the meeting to order at 8:30 a.m. The following sections summarize the Select Committee proceedings by topic. Please refer to Appendix 2 to review the Meeting Agenda.

APPROVAL OF MINUTES Minutes from the October 29, 2015 Select Committee meeting were approved without revision.

SUMMARY OF THE FEDERAL "EVERY STUDENT SUCCEEDS ACT". Dr. Scott Marion and Dr. Chris Domaleski, National Center for Improvement of Educational Assessment (NCIEA), discussed the recent federal legislation titled the "Every Student Succeeds Act" (ESSA). See Appendix 3. Dr. Marion explained the legislation is a reauthorization of the Elementary and Secondary Education Act (ESEA) and replaces the provisions of the federal No Child Left Behind (NCLB) Act. He highlighted the major components of the ESSA as signed by the President on December 10, 2015, and cautioned much of the guidance on administration of the law will come from the United States Department of Education through the rulemaking process. He stated, under the new Act, Title I will provide approximately $60 billion in funding nationwide for disadvantaged students and the impact and effectiveness of the program will be periodically evaluated.

Dr. Marion stated the law recognizes the need for a transitionary period and as such, ESSA is effective school year 2017-2018. Dr. Marion explained the basic framework of the plan each state will be required to submit to the United States Department of Education to establish standards, assessments, accountability, reporting systems and school improvement. Mr. Brent Young, Chief Policy Officer, Wyoming Department of Education (WDE) stated Wyoming will be required to submit its plan by December of 2016. Dr. Marion also highlighted aspects of the district level plans that will be required for submission to the WDE, including specification of how the district will use federal funds to ensure each student will receive a high-quality education and how the district will close student achievement gaps. Dr.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov PAGE 3 OF 10

Marion noted the ESSA prohibits any federal official from mandating or incentivizing states to adopt or maintain any particular set of educational standards, eliminates the requirements for highly qualified teachers and teacher evaluations. He further stated the law does not change provisions related to student data privacy and repeals forty-nine programs to create a new student support and academic enrichment grant. Dr. Marion also explained while the ESSA does not require teacher and leader evaluation systems, the ESSA may allow Wyoming to use federal funds for Phase II activities.

Dr. Domaleski summarized the assessment requirements under the ESSA, which are essentially the same under the NCLB Act. Dr. Domaleski stated the reporting requirements under the new law are the same as NCLB for subgroups and indicated states will be allowed to determine their own accountability goals for academic achievement, graduation rate, English language proficiency and indicators of school quality and success. Dr. Domaleski responded to questions regarding graduation rate calculations and stated the four- year graduation rate calculation will continue to be required, but extended graduation rates can be included at a state’s discretion. He also stated it appears the Phase I provisions under the WAEA could satisfy the requirements under ESSA, with perhaps minor revisions.

Dr. Marion explained ESSA includes a provision to allow up to seven states to pilot the use of competency-based or other innovative assessment approaches in making accountability determinations, but requires rigorous assessment, participation and reporting requirements. He noted the law allows states to establish "opt-out" provisions, but continues to require ninety-five percent participation by all students. He stated additional guidance regarding this aspect is likely to be provided via the rules and regulations that will be enacted by the United States Department of Education. Dr. Marion concluded by summarizing the requirements and associated timeline for implementation of ESSA.

PHASE I, STATEWIDE SYSTEM OF SUPPORT. Mr. Brent Young, Chief Policy Officer, WDE, provided the Committees with an update on the statewide system of support. See Appendices 4 and 5. Mr. Young discussed the Tier One initiatives for schools. He stated the first initiative under Tier One is to provide professional learning community events throughout the state during school year 2015-2016. Mr. Young stated the second initiative under Tier One involves the University of Wyoming providing assistance to school district superintendents and school leaders using a model adopted by the healthcare field called Extension for Community Healthcare Outcomes (ECHO). Mr. Young noted this assistance will occur once a week through digital means. He identified the last initiative for Tier One schools is the completion of a comprehensive support and improvement plan required by W.S. 21-2-204(f).

Mr. Young explained the instructional support that will be provided to Tier Two schools, which are considered priority schools under the statewide system of support. He stated the statewide system of support will provide technical assistance to priority schools, include regional or statewide data retreats with school leadership teams, use a root cause analysis, identify differentiated support systems and monitor improvement through benchmarking. Mr. Young stated priority schools will be placed in three to four year cohorts for purposes of monitoring.

Mr. Young explained Tier Three schools are considered turnaround schools, but the statewide system of support for these schools has not been identified and individual Tier Three schools also have not been identified. He did mention the ESSA requires states take more rigorous action if Tier Three schools have not met established criteria. Members of the Committees inquired about school improvement initiatives in place specifically for school districts with large Native American enrollments. Mrs. Paige Fenton-Hughes, Coordinator, Wyoming State Board of Education (SBE), stated the Select Committee on Tribal Relations

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

spent time over the 2015 interim investigating this issue and identifying possible solutions with assistance of the SBE and the WDE.

Public Comment: Phase I, Statewide System of Support. State Superintendent of Public Instruction Jillian Balow thanked the Committees and schools districts for the assistance in development of the statewide system of support required under the WAEA.

PHASE I, ALTERNATIVE SCHOOL ACCOUNTABILITY SYSTEM. Dr. Chris Domaleski, NCIEA, spoke to the Committees about the alternative school accountability model design, the components of the model and the timeline associated with the pilot years and full implementation. He cited the work of the Alternative School Accountability Advisory Committee as described in the Wyoming Alternative School Accountability Framework report. See Appendix 6. He described the steps necessary to implement the model and indicated the recommendations include administration of a pilot in school year 2016-2017, with full implementation the following school year.

Draft Legislation 16LSO-0208 CFD 1.1 Alternative school accountability. LSO staff presented draft legislation (16LSO-0208 CFD1.1, “Alternative school accountability”), requested by the Select Committee to implement the recommendations of the Alternative School Accountability Advisory Committee. See Appendix 7. LSO staff stated the draft continues the work of the Alternative School Accountability Advisory Committee and requires the WDE develop an alternative school accountability model and pilot the model, with periodic reports to the Select Committee on the progress of the work. LSO staff noted the draft allows LSO to contract with consultants, with the approval of Management Council, to provide the necessary expertise to assist in this work. Members inquired about the capacity of the WDE to perform the duties as contemplated in the draft without the assistance of consultants. The WDE stated contractual expertise is necessary for continuation of the work. Members requested LSO staff provide fees paid to consultants for the work related to the state’s accountability efforts. LSO staff stated the draft requires the SBE to convene a professional judgement panel to set target performance levels for the alternative schools and includes an appropriation of $10,000 for the expenses of the panel. LSO staff also stated the appropriation of $105,000 within the draft for the work of the Select Committee should be reduced to $70,000 and further stated the draft continues the work of the Select Committee for an additional two years.

Members inquired of the WDE's ability to complete the work required pursuant to the bill draft in light of other duties required under the WAEA. Mr. Young responded the WDE is poised well to take on this task with assistance of the Alternative School Accountability Advisory Committee and the consultants.

Public Comment: Phase I, Alternative School Accountability System. Mrs. Janine Bay Teske, School Board Trustee, Teton County School District #1, discussed the need for stronger truancy laws, citing the relationship between attendance and student performance.

Mr. Dan Espeland, Superintendent, Converse County School District #1, stated there may be unintended consequences in creation of an independent alternative school accountability model for those school districts without alternative schools.

Mr. Kevin Mitchell, Superintendent, Park County School District #1, discussed reasons why his school district started their alternative school to meet the needs of his students.

Mr. Boyd Brown, Superintendent, Campbell County School District #1, spoke about potential uses of data from the accountability model for alternative schools in his school district.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

Ms. Teresa Chaulk, Superintendent, Lincoln County School District #1, summarized reasons her district operates an alternative school.

Continued Discussion of 16LSO-0208 CFD 1.1 Alternative school accountability. Senator Rothfuss moved, seconded by Representative Sommers, the Select Committee sponsor 16LSO- 0208 CFD 1.1 in the upcoming session. Senator Rothfuss moved, seconded by Senator Landen, to amend the language of the draft legislation to conform with the ESSA to the extent appropriate and consistent with existing statute. The motion passed. Senator Landen moved, seconded by Cochairman Northrup, to delete "one hundred five thousand dollars ($105,000.00)" on page 12-lines 11 and 12 and insert "seventy thousand dollars ($70,000.00)". The motion to amend the draft passed. Representative Sommers moved, seconded by Cochairman Northrup, to amend the draft to provide for the continuation of joint meetings of the Select Committee and JEC. The motion passed. The motion to sponsor 16LSO-0208 CFD 1.1, as amended, passed by roll call vote. See Appendix 8. Cochairman Coe stated the bill will begin the Senate.

PHASE I, STATEWIDE STUDENT ASSESSMENT. LSO staff presented two bill drafts in response to directives by the Select Committee at the October meeting. The first bill draft incorporates the Assessment Task Force recommendations. The second draft eliminates the proprietary language related to college readiness examination for eligibility under the Hathaway Scholarship Program.

Draft Legislation (16LSO-0207 CFD 1.1 Statewide student assessment.). LSO staff explained the draft legislation, (16LSO-0207 CFD 1.1, “Statewide student assessment”), requested by the Select Committee to implement the recommendations contained in the report titled "Wyoming's Statewide Assessment System: Recommendations from the Wyoming Assessment Task Force". See Appendices 9 and 10. LSO staff stated the draft legislation modifies the statewide student assessment requirements, requiring the statewide summative assessment in math and language arts in grades three through ten. LSO staff further stated the draft requires the statewide summative assessment to include interim assessments (optional for districts to administer) and eliminates the requirement of benchmark adaptive assessments. The draft modifies the administration of the college entrance examination, making it optional for students in the eleventh and twelfth grade, and replaces the job skills assessment with a career readiness examination. LSO staff explained the draft also eliminates the administration of the college placement assessment currently required in grade twelve. Lastly, LSO staff stated the bill draft conforms a date relative to Phase II requirements under the WAEA in accordance with legislation passed by the Legislature in the 2015 General Session and contains reporting requirements and necessary appropriations.

Public Comment: Phase I, Statewide Student Assessment. Mr. Terry Snyder, Superintendent, Fremont County School District #1, stated he supports the draft legislation and emphasized his support for the modification of the mandatory ACT assessment requirement for all eleventh grade students. He also stated he supports the optional provisions related to these assessments. He further expressed support for the optional interim assessments as contained in the draft legislation.

Mr. Kevin Mitchell, Superintendent, Park County School District #1, stated he does not support the use of the ACT as part of the WAEA for student achievement purposes and if it is used in the WAEA, it should be used for the appropriate purpose. Mr. Mitchell clarified he would support use of the ACT as part of the college readiness measure of the WAEA, but not as a measure of student achievement.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

Superintendent of Public Instruction Jillian Balow testified in support of requiring all students in grade eleven to be assessed using a college entrance examination as a means to identify students who are prepared for college. She requested the Select Committee consider including a focus on career and military readiness within the draft legislation as well. The Committees engaged in substantial discussion of the elimination of the mandatory ACT assessment of all eleventh grade students. In response to Committee inquiry, Dr. Joseph Martineau, NCIEA, discussed different options available for college entrance examinations and job skills assessments and what each assessment measures.

Continued Discussion of 16LSO-0207 CFD 1.1 Statewide student assessment. Representative Madden moved, seconded by Representative Paxton, the Select Committee sponsor 16LSO-0207 CFD 1.1 in the upcoming session. Senator Rothfuss moved, seconded by Cochairman Northrup, 16LSO-0207 CFD 1.1, to amend the draft legislation to continue to require a statewide college readiness test, such as the SAT or ACT, for all students in grade eleven, consistent with current practice. He further moved to amend the draft to provide performance on the examination be incorporated into the college readiness component of the WAEA, but not the achievement or growth components. Senator Rothfuss further moved to maintain the flexibility in relation to the career readiness assessment, as included within the draft. The motion to amend the draft passed. Representative Madden moved to amend, seconded by Representative Sommers, to strike existing statutory language on page 4-line 20 through page 5-line 2 related to waivers under NCLB. The motion to amend the draft passed. The motion to sponsor 16LSO-0207 CFD 1.1, as amended, passed by roll call vote. See Appendix 11. Cochairman Coe stated the bill will begin the House.

Draft Legislation (16LSO-0209 CFD 1.1 Hathaway scholarship eligibility). LSO staff provided an explanation of the draft legislation, (16LSO-0209 CFD 1.1, “Hathaway scholarship eligibility”), requested by the Select Committee to remove any explicit reference to the ACT testing suite within the statutes governing the Hathaway Scholarship Program and replace it with nonproprietary language and the appropriate generic scaled score. See Appendix 12. LSO staff summarized the draft legislation, noting it eliminates the references to ACT within the Hathaway Scholarship Program statutes and replaces the term with college entrance examination, defines national percentile rank and modifies the Hathaway Scholarship eligibility requirements to refer to the appropriate national percentile rank. Dr. Marion provided an explanation of the term “national percentile rank” as contained in the draft legislation. LSO staff noted the lack of an appropriate national percentile rank for the WORKKEYS assessment and stated this element was not directed by the Select Committee to be modified and as such, it is not addressed in the draft. In response to Committee inquiry, Dr. Marion and Dr. Martineau explained, while more difficult than the ACT, a linking study for the WORKKEYS and a job skills assessment could be completed. Dr. Marion indicated, if directed by the Select Committee, he would provide the LSO with the necessary information to account for a scaled score required equivalent to the WORKEYs as included within the current statutes governing the Hathaway Scholarship Program. He further stated he would provide a review of the literature to respond to Select Committee inquiry about the appropriateness of utilizing the WORKKEYS assessment as a measurement of career-readiness.

Public Comment: 16LSO-0209 CFD 1.1 Hathaway scholarship eligibility. Mr. Brian Farmer, Executive Director, Wyoming School Boards Association, inquired about the appropriateness of identifying a specific number related to the national percentile rank, as opposed to a range. He further cautioned the Select Committee, the average parent must be able to understand the eligibility requirements. Dr. Marion responded to Mr. Farmer's inquiry, noting much of the work is administrative and once the scores are benchmarked the work will decrease significantly in identification of the appropriate national percentile rank.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

Continued Discussion of 16LSO-0209 CFD 1.1 Hathaway scholarship eligibility. Senator Rothfuss moved, seconded by Senator Landen, the Select Committee sponsor 16LSO-0209 CFD 1.1 in the upcoming session. The motion to sponsor 16LSO-0209 CFD 1.1 passed, as amended, by roll call vote. See Appendix 13. Cochairman Coe stated the bill will begin the Senate.

PHASE II, TEACHER/LEADER ACCOUNTABILITY SYSTEM.

Draft Legislation (16LSO-0210 CFD 1.1 Education leadership standards and accountability.) LSO staff explained draft legislation (16LSO-210 CFD 1.1, “Education leadership standards and accountability”), as requested by the Select Committee to require the Professional Teaching Standards Board (PTSB) to promulgate more rigorous education leadership standards in accordance with the report issued by the Advisory Committee to the Select Committee on Statewide Education Accountability (Advisory Committee). See Appendix 14. LSO staff stated the draft legislation extends the operation of the Advisory Committee and modifies the rule promulgation authority of the PTSB for certification of district leaders, requiring the incorporation of the recommendations for certification and training of educational leaders contained in the Advisory Committee's report. LSO staff stated the draft includes reporting requirements for the PTSB and the Advisory Committee.

Dr. James Bailey, Superintendent, Uinta County School District #1 and Chairman, Advisory Committee, highlighted concerns related to the evaluation requirements contained in 16LSO-210 CFD 1.1. Dr. Marion noted the approach the Legislature has taken is comprehensive and Phase II is a continuation of school accountability. Dr. Marion stated the Advisory Committee’s comments on evaluation were geared towards providing feedback to principals and should not be viewed as punitive. He further stated the certification requirements for education leaders should be dynamic and provide for the training of future leaders. Dr. Bailey responded to inquiries from the Committee regarding the necessity of superintendents having previous experience as a principal, as superintendents are required to evaluate principals.

Public Comment: Phase II, Teacher/Leader Accountability System. Mr. Kevin Mitchell, Superintendent, Park County School District #1, spoke to the Committees about the need for Phase II activities, if all schools are meeting or exceeding expectations under the WAEA and suggested the Select Committee consider using the statewide system of support in administration of Phase II, rather than requiring the evaluation of teachers and leaders. Mr. Mitchell stated the WDE’s Chapter 29 Rules and Regulations provide enough guidance to support evaluation systems.

Mr. Boyd Brown, Superintendent, Campbell County School District #1, responded to questions regarding certification and employment requirements of superintendents, stating boards of trustees set the requirements of the district superintendents. Mr. Brown also discussed the number of new superintendents in Wyoming in recent years.

Mr. Bryan Farmer, Executive Director, Wyoming School Boards Association (WSBA), testified Wyoming Statute does not does require certification of superintendents, but PTSB does offer an optional certificate, and some boards of trustees do require certification of the superintendent as a condition of employment. He indicated the WSBA assists school boards throughout the state, assessing the needs and requirements of superintendents and providing a model evaluation tool to assist school boards in evaluating district superintendents.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

Continued Discussion of 16LSO-0210 CFD 1.1 Education leadership standards and accountability.) Cochairman Coe and Cochairman Northrup stated 16LSO-210 CFD 1.1 would not be considered by the Select Committee.

MEETING ADJOURNMENT There being no further business, Cochairman Coe adjourned the meeting on at 4:15 p.m.

Respectfully submitted,

Representative David Northrup, Cochairman

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

Committee Meeting

Materials Index

Appendix Agenda Item Appendix Description Appendix Provider

1 Committee Sign-In Lists meeting attendees. Legislative Service Sheet. Office.

2 Committee Meeting Provides an outline of the topics the Legislative Service Agenda Committee plans to address at meeting. Office.

3 "Every Student Succeeds PowerPoint: "Every Student Succeeds National Center for Act" Act" Improvement of Education Assessment, Dr. Scott Marion and Dr. Chris Domaleski.

4 Phase I, Statewide Memo: Status Update for Statewide Wyoming Department System of Support. System of Support Memo with of Education. Attachments.

5 Phase I, Statewide PowerPoint: “System of Support”. Wyoming Department System of Support. of Education.

6 Phase I, Alternative Final Report: "Wyoming Alternative National Center for School Accountability. School Accountability Framework: Improvement of Recommendations from the Alternative Education Assessment, School Accountability Advisory Dr. Erica Hall and Dr. Committee". Chris Domaleski.

7 Phase I, Alternative Draft legislation: 16LSO-0208 CFD 1.1 Legislative Service School Accountability. "Alternative school accountability." Office.

8 Phase I, Alternative Vote Form: 16LSO-0208 CFD 1.1 Legislative Service School Accountability. "Alternative school accountability." Office.

9 Phase I, Statewide Final Report: "Wyoming's Statewide National Center for Student Assessment. Assessment System: Recommendations Improvement of from the Wyoming Assessment Task Education Assessment, Force," October 15, 2015 Dr. Scott Marion and Dr. Joseph Martineau.

10 Phase I, Statewide Draft legislation: 16LSO-0207 CFD 1.1 Legislative Service Student Assessment. "Statewide student assessment." Office.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

Appendix Agenda Item Appendix Description Appendix Provider

11 Phase I, Statewide Vote Form: 16LSO-0207 CFD 1.1 Legislative Service Student Assessment. "Statewide student assessment." Office.

12 Phase I, Statewide Draft legislation: 16LSO-0209 CFD 1.1 Legislative Service Student Assessment. "Hathaway scholarship eligibility." Office.

13 Phase I, Statewide Vote Form: 16LSO-0209 CFD 1.1 Legislative Service Student Assessment. "Hathaway scholarship eligibility." Office.

14 Phase II, Teacher/Leader Draft legislation: 16LSO-0210 Legislative Service Accountability System. "Education leadership standards." Office.

SELECT COMMITTEE ON STATEWIDE EDUCATION ACCOUNTABILITY Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 213 State Capitol • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEB SITE www.wyoleg.gov