Summary of Proceedings

Joint Education Interim Committee

 

 

Room 150, U.W. Outreach Center                                                             November 17, 18 and 19, 2004

951 North Poplar                                                                                                         Casper, Wyoming

 

 

PRESENT:      Senator Henry H.R. "Hank" Coe and Representative Jeff Wasserburger, Cochairmen;

 

Senators Jim Anderson, Robert Peck and Kathryn Sessions;

 

Representatives Kurt Bucholz, Liz Gentile, Becket Hinckley, Tom Lockhart, Del McOmie, Ann Robinson, Mark Semlek and Jane Wostenberg.

 

Other Legislators in Attendance:  Senators Irene Devin, Grant Larson, Rae Lynn Job, Laness Northrup and John Schiffer; Representatives Randall Luthi and Fred Parady.

 

Legislative Service Office: Dave Nelson and Mary Byrnes.

 

Others Present:  See attached Appendix A.

 

ABSENT:        Senator Larry Caller.

 

AGENDA:       See attached Appendix B.

 

 

*  *  *  *  *

 

 

Wednesday, November 17, 2004.

 

Representative Jeff Wasserburger, Committee CoChair, called the Joint Education Interim Committee to order at 1:10 p.m.

 

Approval of September 7 and 8, 2004, Minutes.

 

Senator Peck made a motion to approve the minutes of the September 7 and 8, 2004, meeting of the Joint Education Interim Committee and Management Council.  Representative Lockhart seconded the motion and the motion carried.

 

School Foundation Program Account:  Revenue Projections and Fiscal Profile.

LSO Committee staff updated Committee members on the October 2004 CREG revenue projections and resulting impacts upon the school foundation program account.  A copy of the October 2004 fiscal profile, together with staff estimates of proposed K-12 funding impacts upon the account balance are attached at Appendix C.  The recommendation of the Joint Appropriations Committee for the external cost adjustment is also attached at Appendix D.

 

School Finance Litigation Update Report.

 

Mike O'Donnell, State's Counsel for school finance litigation, joined by Rhonda Woodard, provided Committee members with an update on school finance litigation.  Explanation was provided of state's petition to the Supreme Court for a Writ of Review regarding the District Court's denial of state's motion to dismiss the joint petition filed by plaintiffs.  If granted, litigation would be halted and if denied, litigation would continue through the District Court.  Concern was expressed for failure of Amendment A in the November general election, and complications arising from its failure.

 

Education Report on Public Attitudes Regarding Education.

 

Kevin Schulman, SDS Market Research and consultant to the Department of Education, presented results of public research on Wyoming attitudes regarding education.  The survey included both quantitative data collected through telephone interviews and qualitative data obtained through two focus groups.  Public education issues and fiscal priorities were identified, together with perceptions of standardized testing, general education funding levels and teacher quality issues, the results of which are provided in the report attached at Appendix E.

 

Teacher Advancement Program.

 

Dr. Lewis C. Solmon, Milken Family Foundation, addressed Committee members on the teacher advancement program supported by the Milken Foundation.  The program addresses teacher quality concerns arising in large part due to requirements of the federal No Child Left Behind Act.  The program is a comprehensive, research-based strategy to attract, develop, motivate and retain talented people to the teaching profession, with an ultimate goal of improving student achievement.  The Milken Foundation participates through assisting school districts and schools with training, program reviews and other support activities and implementation issues, as well as program evaluation and compliance issues.  A copy of the remarks presented by Dr. Solmon is attached at Appendix F.

 

State Superintendent Blankenship.

 

Components of the recommended teacher excellence package were reviewed, as presented to Committee members at the September 7 and 8 meeting.  Recommendations are as follows:

 

 

Recess.

 

At 4:55 p.m., CoChair Wasserburger recessed the Committee.

 

 

Thursday, November 18, 2004.

 

Senator Hank Coe, Committee CoChair, reconvened the Committee at 8:40 a.m.

 

State Superintendent Blankenship.

 

Support was provided for continued funding of full-day kindergarten and summer school grant programs, at levels established by the 2004 Legislature.  Additionally, the State Superintendent requested Committee support for funding increases to teacher compensation and school district employee health insurance, as presented at the September 7 and 8 Committee meeting.  The compensation proposal requests a $5,000 increase to the existing teacher salary component within the block grant school funding model, which does not include associated fringe benefits.  It was suggested that salary and health care funding is necessary at this time to attract quality individuals into the teaching profession, and the proposed teacher quality programs are necessary to retain quality teachers once placed in the classroom.

 

Materials prepared in response to inquiries of the Joint Appropriations Committee pertaining to teacher salaries were distributed and discussed, a copy of which is attached at Appendix G.  Submitted materials depicted Wyoming's standing nationally with respect to salary levels, and also provided insight into historical salary increases and teacher experience levels.

 

Mark Higdon, Wyoming School Boards Association, speaking on behalf of the Wyoming Education Coalition which includes the Wyoming Education Association and the Wyoming Association for School Administrators, presented a request to increase funds available to cover the costs of health insurance for school district employees.  Background information on the impact of health insurance costs was distributed, together with excerpts from the October 2004 CREG revenue forecast.  School district 2003-2004 health insurance information was also provided by the Wyoming Education Association.  Distributed materials are attached at Appendix H.  A $2,356 increase to the health insurance component within the block grant school funding model was presented, estimated by the Coalition to cost an additional $22 million per year.

 

Legislative proposals effectuating a funding increase for health insurance costs were reviewed by LSO staff:

 

Copies of draft legislation, together with copies of the estimated fiscal impact for each proposal and a packet of general information, are attached at Appendix I.  The CoChairs announced no action would be taken on legislative proposals pertaining to teacher compensation and school district health insurance costs.  Health insurance proposals would be forwarded to the December Committee meeting.

 

Department of Education Reports & Recommendations.

 

05LSO-0093, "Teacher shortage loan repayment program."

Rick Miller, UW Vice President for Governmental, Community & Legal Affairs, addressed Committee members on behalf of the Department regarding a proposal to target financial assistance to specified teacher shortage areas.  The proposal is patterned after the nursing education loan repayment program and was first addressed by the Department at the September meeting.  $400,000 is provided within the proposal to target teacher shortages in math, science and special education.  A copy of the proposal is attached at Appendix J.  Patty McClurg, UW College of Education Dean, spoke on behalf of the proposal and suggested the approach would attract individuals into shortage areas.

 

05LSO-0151, "Private school licensing-amendments."

Fred Hansen, Department Unit Director for Finance, presented a proposal to Committee members implementing the Department recommendation to impose accreditation requirements upon private degree granting post secondary education institutions.  A copy of the proposal is attached at Appendix K.

 

Dr. Jerry Haenish, Preston University, and representing the Wyoming Private School Association, spoke in opposition to the proposal.  A report was provided by Dr. Haenish which suggests accreditation does not provide for improved schools, a copy of which, together with additional materials, is attached at Appendix L.

 

At the request of Senator Sessions, the matter was deferred until the afternoon session.

 

Special Education.

Tammy Cox, Department Deputy Superintendent for Special Programs, addressed the Committee on 2003 legislative requirements for development of statewide guidelines for special education staffing levels and identification practices, together with alternative service delivery mechanisms.  Joining the presentation were Dr. Nance Selsta, Donna Thompson and Sandra Root-Elledge, Department of Education, and Dr. Burke Grandjean, UW Survey and Analysis Center.

 

Dr. Grandjean reported research findings which indicate substantial variation between districts in disability identification and special education program per student costs, with most variations existing in a small number of districts.  In light of district programs and other district characteristics, this variation was thought to be understandable.

 

The Department contends student IEP teams and the requirements of federal IDEA legislation drive special education, with no specific statewide staffing guidelines recommended.  Also, the Department will encourage districts to collaborate in sharing special education personnel and utilizing existing structures such as BOCES and education resource centers to deliver special education services.  In response to 2003 legislation, the Department has established special education program monitoring which includes a process to review staffing levels.  Donna Thompson concluded by presenting recommendations of a regional services task force, proposing the establishment of a regionalized service center and an advisory board of practitioners to oversee center operations.

 

Materials referenced within special education discussions are attached at Appendix M, together with information pertaining to additional Department reports and recommendations.  Copies of final reports submitted by the Department but not presented include a report on alternative schools in Wyoming, an update on federal NCLB expenditures, a report on mobility, a summary of gifted and talented students and a summary of the summer school program.

 

Court Ordered Placements.

Fred Hansen, Department Unit Director, was joined by Wayne Milton, Rich Hardt and Steve Shelsta of the Department, in presenting findings and recommendations resulting from a study responding to 2004 Laws, Chapter 111.  A copy of the report together with a copy of a 2004 article by UW Law Professor John Burman on Wyoming juvenile justice, are attached at Appendix N.

 

In addition to compiling comprehensive data on placements, study findings do not recommend current day treatment and juvenile detention centers as cost-efficient alternatives to present institutional placements, and do not recommend consolidation of agency functions between the Department of Family Services, Department of Health and Department of Education in managing court ordered placements.  However, study findings do conclude that school districts be responsible for providing educational services to court placed children residing in respective districts, not the Department.  Study findings also anticipate program expenditures to increase by roughly $3 million during fiscal year 2005, from $18 million to $21 million.

 

Career Technical Education Best Practices.

Teri Wigert, Department of Education Special Programs, reported on efforts to recognize best practices in career technical education programs, as required by 2003 legislation.  Eight criteria were used by the Department in the recognition process, resulting in the selection of eleven educators during school year 2003-2004 who will receive recognition at the 2005 summer conference of the Wyoming Association for Career Technical Education, at the fall 2004 NCA School Improvement Conference and within the Department's 2003-2004 Best Practices Report.  Recognized educators are listed in materials contained within the Department's information packet attached at Appendix M.

 

Statewide Education Data System/Student Performance Tracking.

Steve King, Department of Education Data Division, updated Committee members on the Wyoming integrated state education data system.  2003 and 2004 legislation provided $2 million for system development and piloting of student performance tracking capability.  A detailed status report of both systems is included within the informational packet attached at Appendix M.

 

Mark Mathern, Natrona County #1, Lyla Downey, Campbell County #1, and Trevor Mahlum, Natrona County #1, elaborated on development of student performance tracking capability through the Standards and Body of Evidence Tracking Advisory Group (SBET).  SBET has worked to identify standards-based software to support functions necessary to track student performance.  Based upon funds appropriated by the legislature and federal funds obtained by the Department, pilot districts have been established to commence training of staff and uploading data into usable warehouses for reporting purposes.  The SBET group requests an additional $296,005 to continue piloting projects during school year 2005-2006.  Talking points and additional information reported by the SBET group are attached at Appendix O.

 

Private School Licensing-continued.

Susan Ishii, Kennedy Western University, spoke in support of the proposal submitted by the Department of Education requiring accreditation of post-secondary degree granting private institutions.

 

05LSO-0282, Private school licensing-amendments-2.

Senator Sessions submitted alternative draft legislation not requiring accreditation as a condition of post secondary education licensing.  Rather, the proposal strengthens licensing laws by specifying in detail minimum licensing requirements.  A copy of the draft is attached at Appendix P.

 

CoChair Coe moved Committee approval of 05LSO-0151, as submitted by the Department.  The motion failed for lack of a second.

 

Senator Sessions made a motion for Committee approval of 05LSO-0282.  Representative McOmie seconded the motion.  The motion was withdrawn, and both proposals were tabled until the December 15 Committee meeting.  CoChair Wasserburger laid both proposals back without prejudice.

 

Recess.

 

CoChair Wasserburger recessed the Committee at 4:45 p.m.

 

 

Friday, November 19, 2004.

 

CoChair Wasserburger reconvened the Committee at 8:40 a.m.

 

Small School Adjustment: Small Schools in Small and Large Districts.

 

Dr. Lawrence Picus presented findings resulting from an investigation of the small school adjustment and the need for differentiating funding adjustments for cost structures of small schools in large districts and small schools in small districts.  Although the small school adjustment compensates districts for the additional costs of operating small schools, it is not designed to fully fund small schools.  The adjustment augments block grant funding available through model prototypes, and is intended to adequately fund the marginal or additional costs of operating small schools.  Study findings are presented in response to 2004 Laws, Chapter 108, Section 402.

 

Most schools operating in Wyoming are small as defined by block grant prototypes.  Study findings could find no statistically significant systematic patterns or differences in costs of operating small schools in small districts than operating small schools in large districts.  In an attempt to review revenues available to districts for operation of small schools and specific school level expenditures, an analysis indicates the system appears to adequately fund small school operation.  Data concerns used in the analysis were emphasized, as the analysis understates revenues generated for small school operation and available data was not sufficiently detailed.  It was also noted the block grant does not require district revenues to equate to district expenditure levels at the school level.

 

Study conclusions provide no justification for modification to the small school adjustment for small schools in large districts and small schools in small districts.  It was suggested the small school adjustment be reviewed during 2005 model recalibration.  Copies of talking points and the preliminary draft of the small school report are attached at Appendix Q.

 

Education Data Reports: LES Programs and School Levy Utility Costs.

 

Dr. Picus responded to Committee requests for review of school level utility data and school level limited English speaking (LES) program data, as directed in 2004 Laws, Chapter 108.  Utility data is incorporated into small school regressions which serve as the basis for the adjustment.  Issues of data comparability continue to exist and as such, Dr. Picus suggests the Committee review the data during model recalibration.  The same conclusion was reached for LES data primarily for similar reasons, as many LES students are also identified as at-risk students.  At-risk students are identified for funding model purposes as an unduplicated count of students eligible for free and reduced priced lunch, limited English speaking programs and students identified as mobile.  Committee discussion focused on concerns with quality school finance data and impacts upon future recalibration efforts.

 

Schools Audits.

 

Pam Robinson and Rich Cummings, Department of Audit, reported to Committee members on school audit activities.  Audits ensure data used in school funding model computations is accurate and ensure school districts are funded according to model components and statutory requirements.  Key components of the funding model are the focus of audits.  Lack of supporting data and unauthorized claims appear most frequently as problem areas, resulting in unsupported data for model operation.  Audits question the accuracy of school data used in model computations.  Audit findings suggest inaccurate data, even after certification by the Department of Education.

 

The hesitancy of districts to provide information hinders the audit and school reporting process, with timeliness a major issue in reporting data to the Department of Education.  The Department is requesting two additional auditors to expedite school audits and to enable school audits on a three-year cycle.  Talking points are attached at Appendix R.  Committee discussion focused on data quality and efforts to improve data quality.

 

Select School Facilities Committee Report.

 

Senator Irene Devin, Select Committee CoChair, commenced by reporting to Committee members on Select Committee recommendations to the Joint Appropriations Committee regarding school capital construction account revenues.  Due to substantial increases in projected account revenues, the Select Committee is recommending repayment of amounts transferred to the account within the 2004 budget bill from the budget reserve account.

 

As required by 2004 Laws, Chapter 108, Section 402, the Select Committee also reports to the Committee on recommendations on collocation of schools.  Due to the complexity of the matter and the difficulty in identifying and determining the impact of issues associated with collocation under both the school funding model and the school facility adequacy funding process, the Select Committee recommends the matter be addressed during 2005 model recalibration.  A copy of the report was provided and is attached at Appendix S.

 

Senator Devin reported on data issues involving the major maintenance payment program administered by the School Facilities Commission.  The Commission was charged by the 2004 Legislature to administer the program.  In so doing, district expenditure reports indicate instances of expenditures which appear to be outside the parameters set by law.  Due to the infancy of the reporting requirement, the lack of state oversight during the initial five years of program operation and due to the lack of clear expenditure guidelines, the Commission is electing to ease into enforcement.  Committee discussion focused on data collection and reporting issues.

 

Committee Action on Draft Legislation.

 

CoChair Wasserburger requested Committee action on the following legislative proposals:

 

05LSO-0093, "Teacher shortage loan repayment program."

Senator Peck made a motion to approve the draft proposal for introduction as a Committee bill.  CoChair Coe seconded the motion and the motion carried by a vote of nine ayes and five excused.  The roll call vote is attached at Appendix T.

 

05LSO-0156, "Wyoming teacher of the year program-appropriation."

Representative Hinckley moved the approval of the draft proposal for introduction as a Committee bill.  Representative McOmie seconded the motion and the motion carried by a vote of nine ayes and five excused.  The roll call vote is attached at Appendix T.

 

05LSO-0157, "Teacher advancement program-appropriation."

Representative Semlek moved the approval of the draft proposal for introduction as a Committee bill.  Representative Hinckley seconded the motion and the motion carried by a vote of ten ayes and four excused.  The roll call vote is attached at Appendix T.

 

05LSO-0158, "Wyoming teacher policy institute-appropriation."

Senator Peck made a motion for approval of the draft proposal for introduction as a Committee bill.  CoChair Coe seconded the motion and the motion carried by a vote of ten ayes and four excused.  The roll call vote is attached at Appendix T.

 

05LSO-0159, "Teachers-national certification incentive-appropriation."

Representative McOmie made a motion for approval of the draft proposal as a Committee bill.  CoChair Coe seconded the motion and the motion carried by a vote of ten ayes and four excused.  The roll call vote is attached at Appendix T.

 

CoChair Wasserburger directed consolidation of proposals to the extent possible for introduction in the Senate.  Committee staff was directed to prepare legislation implementing recommendations of the Department of Education pertaining to court ordered placements, and the Department of Audit pertaining to school audits, to be placed on the December meeting agenda.

 

Adjournment.

 

CoChair Wasserburger announced the Committee is scheduled to meet in Casper on Wednesday, December 15.  More specific information will be provided at a later date. There being no further business before the Committee, the meeting was adjourned at 12:15 p.m.

 

 

Respectfully submitted,

 

 

 

____________________________    _________________________________

Senator Henry H.R. "Hank" Coe,           Representative Jeff Wasserburger,

Committee CoChair                               Committee CoChair

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