Meeting Minutes) Is Prepared by the Legislative Service Office (LSO) and Is the Official Record of the Proceedings of a Legislative Committee Meeting

D r a f t O n l y A p p r o v a l P e n d i n g SUMMARY of PROCEEDINGS J O I N T E D U C A T I O N C O M M I T T E E

COMMITTEE MEETING INFORMATION July 19-20, 2021 Platte Valley Community Center 210 W. Elm St Saratoga, Wyoming

COMMITTEE MEMBERS PRESENT Senator Charles Scott, Co-chairman Representative Jerry Paxton, Co-chairman Senator Bo Biteman Senator Affie Ellis Senator Chris Rothfuss Senator Tim Salazar Representative Ocean Andrew Representative Landon Brown Representative Cathy Connolly Representative Steve Harshman Representative Chip Neiman Representative Sandy Newsome Representative Jerry Obermueller Representative Albert Sommers

LEGISLATIVE SERVICE OFFICE STAFF Tania Hytrek, Operations Administrator Matt Willmarth, Senior School Finance Analyst Leanne Hoag, Fiscal Analyst Karen Vaughn, Legislative Editor

OTHERS PRESENT AT MEETING Please refer to Appendix 1-02 to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.

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 8

EXECUTIVE SUMMARY The Joint Education Interim Committee (Committee) met for two days in Saratoga, Wyoming. The Committee reviewed K-12 School Finance, K-12 Education Program, Elementary and Secondary School Emergency Relief (ESSER) Funds, K-3 Reading Assessment and Intervention Program, Absenteeism and Truancy, Community College Funding and Initiatives, and the Hathaway Scholarship Program. The Committee requested six bill drafts to consider at its next meeting.

This summary of proceedings provides a record of official actions taken by the Committee. For more details, the meeting videos can be accessed from the Legislature's YouTube channel at: Joint Education Meeting, July 19, 2021-AM, Joint Education Committee, July 19, 2021-PM, Joint Education Meeting, July 20, 2021-AM, and Joint Education Committee, July 20, 2021-PM.

CALL TO ORDER (MONDAY, JULY 19, 2021) Co-chairman Scott called the meeting to order at 8:30 AM. The following sections summarize the Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting Agenda.

Jillian Balow, State Superintendent of Public Instruction, provided comments to the Committee regarding K-12 education matters.

K-12 SCHOOL FINANCE The Committee received an overview of the K-12 school finance system, including a history of the recalibration process and historical K-12 operations and capital construction funding.

Tania Hytrek, Operations Administrator, Legislative Service Office (LSO) summarized the statutory provisions and Wyoming Supreme Court caselaw related to the recalibration process. See Appendix 2-01. Mrs. Hytrek indicated W.S. 21-13-309(t) was enacted in response to the Wyoming Supreme Court's requirement that the education resource block grant model (funding model) undergo a recalibration process not less than once every five years. She also provided a history of the various recalibration efforts and their outcomes within the legislature.

Leanne Hoag, Fiscal Analyst, LSO provided an overview of funding for K-12 operations and capital construction. See Appendix 2-02. She identified the estimated financial shortfalls for future biennia within the School Foundation Program Account for K-12 operations funding and within the School Capital Construction Account for K-12 capital construction funding. Ms. Hoag offered an analysis of historic state revenues for the accounts supporting K-12 education as well as estimated revenues and appropriations for operational and capital construction funding.

Public comment No public comment was received.

K-12 EDUCATION PROGRAM The Committee received several pieces of information related to Wyoming’s K-12 educational program, including an overview of the legislature’s requirements and the roles of the Wyoming Department of Education (WDE) and State Board of Education (SBE).

Matthew Willmarth, Senior School Finance Analyst, LSO reviewed the Legislature's initial response to the Campbell I decision establishing statutory framework prescribing a common core of knowledge and skills for all public school students in Wyoming and discussed the SBE's obligation to prescribe uniform content

JOINT EDUCATION COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov PAGE 3 OF 8 performance standards for the common core of knowledge and skills. See Appendix 4-01. Mr. Willmarth reviewed additional statutory directives, which included mandating school districts deliver the common core of knowledge and skills and requiring district and statewide assessment systems to measure how students achieve the standards. He also stated the only amendments to the common core of knowledge and skills since 1997 occurred during the 2018 Budget Session, which eliminated applied science and keyboarding and added computer science and computational thinking. He indicated there have been other amendments to Wyoming Statutes including modification of the statewide and district assessment systems and the creation of the Wyoming Accountability in Education Act. Mr. Willmarth further stated the SBE's rules have been modified to update uniform content and performance standards numerous times. He briefly discussed additional educational requirements imposed beyond the common core of knowledge and skills, including requirements for students with disabilities, gifted and talented students, small class sizes in kindergarten through grade three, and instruction in the Wyoming and United States constitutions and American Indian studies. Mr. Willmarth also reviewed how Wyoming's educational program compared to regional and high-performing states in various content areas based on a 2017 study conducted by Augenblick Palaich and Associates.

Kari Eakins, Chief Policy Officer, and Laurie Hernandez, Director of Standards and Assessment, WDE summarized the WDE’s role in the K-12 education program, focusing on state standards, district assessment systems, and accountability systems. See Appendix 4-02. Ms. Eakins discussed the different types of standards, including content standards, performance level descriptors and performance standards. She indicated the common core of knowledge and skills are combined into ten key areas within SBE rules. She stated performance standards are designated within each of the content standards to identify what students need to master for graduation, as indicated in a recent informal attorney general’s opinion. Ms. Eakins indicated the district and statewide assessments measure how students meet the standards. She stated the districts annually submit district assessment systems for review and an onsite peer review occurs once every five years as part of the SBE’s accreditation requirements. She also stated the statewide assessments assist in providing required information for the state and federal accountability systems.

Ryan Fuhrman, Chairman and Diana Clapp, Coordinator, SBE summarized the SBE’s role in the K-12 education program, specifically on setting state standards, state and district assessment systems, accountability systems, and district accreditation. See Appendix 6-01. Ms. Clapp provided an update on the progress of updating the profile of a graduate. She stated that Phase I, which involved listening sessions and surveys to gather information from stakeholders and the public, is complete and Phase II will commence in August 2021. See Appendix 6-02.

Kari Eakins provided an overview of the virtual and remote education programs offered by Wyoming school districts. See Appendix 6-03. Ms. Eakins stated for school year (SY) 2020-21, four districts offered a statewide program and ten districts offered a districtwide program. She also identified a total of 5,435 students enrolled in virtual education, up from 1,189 students in SY 2019-20. Ms. Eakins also discussed performance metrics derived from the statewide assessments that compared virtual and non-virtual students’ performance.

Public comment Joe Heywood, Head of School, Wyoming Virtual Academy provided Appendix 21-00, Bill Winney, Wyoming resident, D'Ron Campbell, Wyoming resident, Joey Correnti, Chairman of the Carbon County Republican Party, and Shannon Seibert, Principal, Wyoming Connections Academy provided public comment.

JOINT EDUCATION COMMITTEE Summary of Proceedings

ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF (ESSER) FUNDS Shelley Hamel, Chief Academic Officer and Trent Carroll, Chief Operations Officer, WDE provided an update on the ESSER funds awarded to school districts as well as the maintenance of effort and equity requirements related to the American Rescue Plan Act (ARP Act). See Appendix 8-01 and Appendix 8- 02. Ms. Hamel and Mr. Carroll described the methodology for the maintenance of effort and equity requirements from the ARP Act. Ms. Hamel indicated the WDE and the Governor's Office are waiting on guidance from the U.S. Department of Education based upon questions submitted by the state related to the ARP Act and ARP ESSER funds. Ms. Hamel identified the amounts that have been allocated from ESSER funds and indicated the intended use of the funds generally is to address needs arising due to the COVID- 19 pandemic. She also indicated the WDE intends to use the funds allocated to them to award grants to districts and other education stakeholders.

Public comment No public comment was received.

FEDERAL FUNDING ACCEPTANCE AUTHORITY Co-chairman Scott and Co-Chairman Paxton brought forth a draft bill for Committee consideration, 22LSO-0070 v 0.4, which authorizes the state superintendent of public instruction to prohibit acceptance of federal funds as specified. See Appendix 9-01. Co-Chairman Scott provided additional drafting language for the committee’s consideration. See Appendix 20-00. No further action was taken.

Public comment No public comment was received.

RECESS The Committee recessed at 6:00 PM.

CALL TO ORDER (TUESDAY, JULY 20, 2021) Co-chairman Paxton called the meeting to order at 8:30 AM.

K-3 READING ASSESSMENT AND INTERVENTION PROGRAM Matthew Willmarth provided background information on the K-3 Reading Assessment and Intervention Program authorized under W.S. 21-3-401. Mr. Willmarth reviewed statutory amendments, results of program management audits, student assessment results since implementation of the program. See Appendix 11-01. Mr. Willmarth identified the percentages of proficient and advanced student in reading and language arts on the statewide assessment from SY 2005-06 to SY 2018-19 based. He also provided comparisons between Wyoming students and the national average, according for the National Assessment of Educational Progress, on the percentage of students that are proficient and advanced. Mr. Willmarth identified that the U.S. Department of Education awarded WDE with the Striving Readers Comprehensive Literacy grant, which has a potential award over the next five years of $43.4 million.

Shelley Hamel identified additional background information regarding the K-3 Reading Assessment and Intervention Program. See Appendix 11-02. Ms. Hammel identified the role of WDE in the program through their literacy guidance framework as well as training for educators through the Language Essentials for Teachers of Reading and Spelling.

JOINT EDUCATION COMMITTEE Summary of Proceedings

Public comment Gay Wilson, Wyoming resident, Heather Fleming, Wyoming resident, and Megan Hesser, Parents of Wyoming Readers provided public comment.

Ed Seidel, President, Kevin Carman, Executive Vice President for Academic Affairs and Provost, and Scott Thomas, Dean of College of Education, University of Wyoming introduced themselves to the Committee and provided a brief update on the university. President Seidel and Dean Thomas expressed interest in working with the WDE and school districts to help in the education of future teachers and improving student outcomes.

ABSENTEEISM AND TRUANCY Tania Hytrek reviewed K-12 absenteeism and truancy laws in Wyoming. See Appendix 13-01. Mrs. Hytrek also reviewed 2021 Senate File 68 enacted into law from the 2021 General Session. See Appendix 13-03. Representative Lloyd Larsen provided testimony regarding the work of the Select Committee on Tribal Relations and suggested the Committee review 2020 Senate File 15 to inform future discussions related to this interim topic. See Appendix 13-02.

Brian Farmer, Executive Director, Wyoming School Boards Association, presented an overview of school district policies on absenteeism and truancy. See Appendix 13-04, Appendix 13-05, and Appendix 13-06. He stated districts independently set policies regarding absenteeism and truancy. Mr. Farmer provided survey results that indicated the majority of Wyoming school districts have policies in place that define and distinguish between absenteeism and truancy and include procedures for contact of parents and use of other agents, such as the district attorney or the Department of Family Services.

COMMUNITY COLLEGE FUNDING AND INITIATIVES Sandra Caldwell, Executive Director, Wyoming Community College Commission (WCCC) and Erin Taylor, Executive Director, Wyoming Association of Community College Trustees, provided the Committee with background information on the creation of the community colleges and the work undertaken by the legislature over the past several interims related to funding, governance, and new program initiatives. See Appendix 15-01. Director Caldwell provided an update on the WCCC's strategic plan and provided information regarding the ARP Act requests by the community colleges.

Public comment Ernie Over, Trustee, Central Wyoming College provided public comment.

HATHAWAY SCHOLARSHIP PROGRAM Leanne Hoag reviewed the history of the Hathaway Scholarship Program. See Appendix 17-01. She identified the scholarship award amounts and the accounts created to fund each level of scholarship. Ms. Hoag reviewed historic payments of the Hathaway Scholarship Program to each institution and identified historic revenues compared to expenditures for the program. She also compared the tuition and fees over the history of the program and identified how changes to both tuition and fees have impacted the values of the scholarship award amounts.

Public comment No public comment was received.

JOINT EDUCATION COMMITTEE Summary of Proceedings

Committee Directives The Committee discussed the timing of the flow of revenues. Representative Harshman made a motion to draft a bill for the next meeting to increase the Hathaway award amounts by 5 percent and increase the Hathaway Reserve Account cap from 4.5 percent of the 5-year average of the market value of the Hathaway Endowment Account to 9 percent. The motion was amended by Senator Rothfuss to have the timing of payments to the community colleges and the University and the transfers from the Hathaway Account be adjusted to improve to cash flowing. The motion, as amended, was adopted.

COMMITTEE DIRECTIVES The Committee adopted the following motions for bill drafts to be considered at the Committee's next meeting:

 A bill to create a $100 million endowment for an adult scholarship program mirrored after 2021 House Bill 165 with the source of funds to be identified at a later date.  A bill to create a $100 million endowment for community colleges where the investment income is split equally between programmatic expenses and the state aid (block grant) with the source of funds to be identified at a later date.  A bill to increase the allowable school district cash reserves from 15 percent to 30 percent using the similar timing as contained in 2021 House Bill 173.  A bill to amend the Reading Assessment and Intervention program by requiring the WDE identify three assessments and three screening tools for districts to choose from, require districts to have professional development in regard to K-3 reading intervention and fund the associated costs of the professional development with a categorical grant, and require districts to notify parents if a child has reading difficulty or impairment.

MEETING ADJOURNMENT There being no further business, Representative Jerry Paxton adjourned the meeting at 5:00 PM.

Respectfully submitted,

Senator Charles Scott

JOINT EDUCATION COMMITTEE Summary of Proceedings

Index Agenda Item Document Description Document Provider Number

Legislative Service 1-01 Agenda Office

Legislative Service 1-02 Sign-In Sheet Office

Recalibration: History and Guiding Legal Legislative Service 2-01 K-12 School Finance Principles Office

K-12 School Operations and Construction Legislative Service 2-02 K-12 School Finance Funding and Historical Revenues and Office Appropriations

2021 SJ0004 - School capital construction- Legislative Service 2-03 K-12 School Finance constitutional amendment Office

Issue Brief: Wyoming's K-12 Education Legislative Service 4-01 K-12 Education Program Program Office

Wyoming Department of Education’s Role in Wyoming Department 4-02 K-12 Education Program K-12 Education Program of Education

K-12 Education Program State Board of 6-01 SBE Roles in K-12 Education Cont. Education

K-12 Education Program State Board of 6-02 Update on Profile of a Graduate Phase I Cont. Education

K-12 Education Program Virtual and Remote Education Program Wyoming Department 6-03 Cont. Operations of Education

Elementary and Secondary School ESSER Award Amounts and Intended SEA Wyoming Department 8-01 Emergency Relief Uses - REVISED of Education (ESSER) Funds

Elementary and Secondary School Maintenance of Effort and Equity Wyoming Department 8-02 Emergency Relief Requirements for ARP ESSER Funds of Education (ESSER) Funds

JOINT EDUCATION COMMITTEE Summary of Proceedings

Index Agenda Item Document Description Document Provider Number

Federal Funding 22LSO-0070 v0.4 Education-prohibition of Legislative Service 9-01 Acceptance Authority acceptance of federal funds. Office

K-3 Reading Assessment Issue Brief: K-3 Reading Assessment Legislative Service 11-01 and Intervention Program Intervention Program Office

K-3 Reading Assessment K-3 Reading Assessment and Intervention Wyoming Department 11-02 and Intervention Program Program - REVISED of Education

Absenteeism and Statutes Governing Truancy and Legislative Service 13-01 Truancy Absenteeism Office

Absenteeism and Legislative Service 13-02 2020 SF0015 - Absenteeism and truancy Truancy Office

Absenteeism and 2021 SF0068 - Absenteeism in public Legislative Service 13-03 Truancy schools Office

Absenteeism and Absenteeism and Truancy: Overview of Wyoming School 13-04 Truancy School District Policies Boards Association

Absenteeism and Wyoming School 13-05 District Absenteeism and Truancy Policies Truancy Boards Association

Absenteeism and Wyoming School 13-06 School District Policies, Combined Truancy Boards Association

Wyoming Community College Commission Community College State's Interests, Priorities, Strategic Plan and and Wyoming 15-01 Funding and Initiatives Sustainable Funding Association of Community College Trustees

Hathaway Scholarship Hathaway Scholarship Program Award Legislative Service 17-01 Program Amounts Office

Hathaway Scholarship Legislative Service 17-02 Spending Policy Report Program Office

20-00 Scott Bill Drafting Instructions Senator Scott

Public Comment - 21-00 WYVA Committee Handout Wyoming Virtual Academy

JOINT EDUCATION COMMITTEE Summary of Proceedings

WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov