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Wyoming Legislature

Summary of Proceedings

Education Merit Scholarship Committee

 

July  28, 2006

Casper College

Casper, Wyoming

 

Meeting Attendance

 

Committee Members (present)

Senators: Tex Boggs and Charles Scott

Representatives: Steve Harshman and Jeff Wasserburger

Other members: Reed Eckhardt, Andrew Hansen, State Superintendent Jim McBride, Dr. Joe Megeath and Marta Stroock

 

Absent:  Tom Kinnison and Bryan Monteith

 

Legislative Service Office

Dave Gruver

 

Others Present

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

 

Written Meeting Materials and Handouts

All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists, and the public are referenced in the Meeting Materials Index, attached to the minutes.  These materials are on file at the LSO and are part of the official record of the meeting. 

 

Executive summary

 

The Committee discussed the implementation of the Hathaway scholarship program, including emergency rules adopted by the department of education and the development of a future success curriculum.  The Committee voted to recommend slight changes to the emergency rules and to draft legislation to be used to make future recommendations for the implementation of a high school success curriculum for the Hathaway program.  The Committee will meet again on September 13, to review and refine the requested draft legislation.  The full summary of proceedings follow. 

 

Call To Order

Cochairman Harshman called the meeting to order at 7:30 a.m.   He apologized for the short notice of the meeting and thanked all for attending.  The agenda which was followed is attached as appendix 2.

 

Hathaway program rules

 

Mary Kay Hill and Kay Post, department of education briefly explained the process of developing emergency rules for the Hathaway program.  Cochairman Boggs asked LSO staff to address changes made to the first set of emergency rules and asked staff to address any issues remaining with the second set of emergency rules.

 

Staff first noted that the LSO does not normally review administrative agency rules until the final rules are adopted.  Given the importance of beginning the Hathaway program on time and the continued legislative oversight role the Hathaway legislation provided, LSO reviewed the first set of emergency rules and made comments for the department's consideration.  (See appendix 3.)  Most of the suggested changes had been made.  LSO staff reviewed those portions of the rules which were not changed and were significant enough to be discussed by the Committee.  A copy of the revised rules, showing changes from the first set by strike and underscore is attached as appendix 4.   

 

The first issue discussed was the limited exception allowing those convicted of felony to qualify for a Hathaway scholarship.  The legislation requires "completion" of the all terms and conditions imposed by a court.  LSO staff noted the rules reflect the statute but there is some concern as to whether the Legislature intended "full completion" or rather "full compliance" with those terms at the time of application.  For example a high school senior placed on five years probation could not have "completed" probation in time to apply for a Hathaway scholarship, although he might be in full compliance with all court ordered terms of that probation.  After discussion, the Committee took no action.

 

The next issue appeared in section 5(c) and concerned residency requirements.  The provision states that "students graduating from an eligible high school are considered as residents for purposes of Hathaway eligibility."  The LSO took the position that the provision should be deleted as it could be inconsistent with law and subsection 5(a) of the rules, which provides for the colleges and the University to determine residency.  For example a foreign exchange student or student in a border state attending a Wyoming high school and "graduating" from that high school could well be residents of another state or country.  Senator Scott moved that the Committee advise the Department that 5(c) is inconsistent with the law and that the Education Committee should monitor the issue in the future.  The motion passed. 

 

The next issue was section 14(f) which deals with high schools verifying compliance with curriculum requirements.  The first set of rules required verification and LSO noted a lack of statutory authority to do so.  The revised rules provided that high schools "should" verify curriculum requirements.  The LSO suggested that the use of the word “should” is ambiguous and meaningless as far as providing or enforcing any mandate.  Senator Scott suggested that the Committee recommend a statutory change that would require school districts to verify compliance with Hathaway curriculum requirements.  Cochairman Boggs suggested that the Committee make a recommendation along the lines that high schools identify the courses that do qualify. The Committee noted the issue dealt with the broader issue of success curriculum.  Senator Scott suggested the issue of compliance with a success curriculum could be addressed with a group of trustees and advisory committees addressing whether the curriculum was met.  No action was taken.

 

The final rule issue raised by LSO staff concerned section 13(c) which requires students attending multiple colleges or a college and the University in the same semester to designate a home institution, and further provides for Hathaway scholarship funds for that student to flow only to the home institution.  Staff stated that the law appears to contemplate each institution receiving its pro rata share of those funds.  The department responded that the rules reflect the current handling of this issue for other scholarships.  Senator Scott moved that the law be conformed to allow the reimbursement provided by the rules process for these situations.  The motion passed.

 

Success curriculum

 

Superintendent McBride explained the process of developing a success curriculum.  The process has been lengthy and the Department has received considerable input on the issue and on Hathaway scholarships in general.  He noted that in some ways the Department has been almost whipsawed in the process; quoting one elected official stating that the intent was not that every student should receive a Hathaway scholarship, while another noted that 84% of students could receive a Hathaway scholarship.  He further noted the department and numerous districts are also involved in high school reform, with each of the reform efforts requiring a rigorous core curriculum.  Finally, the Superintendent emphasized that the success curriculum recommendations have not been finalized, but will be ready by the October 1 deadline for submission to the Education Committee.  Superintendent McBride looked forward to additional input of the Committee members in order to further develop the success curriculum. 

 

Kay Post provided a number of documents to the Committee including the draft success curriculum, the number and names of task force members and some preliminary data on Hathaway scholarship numbers.  (Appendix 5)  The task force had a large number of members in order to include a number of representatives from all stakeholders.  The task force meetings finished last week and final recommendations for a success curriculum had been made to the Department. 

 

The Committee discussed the success curriculum requirements, including the motivation intended to be provided by the curriculum requirements and the means to encourage the students to continue to take challenging classes.  Members of the public, including secondary teachers, principals, and other administrators addressed the issue.  Comments included using current competency testing rather than adding additional assessments, and incorporating current assessments into the curriculum requirements.  Members of the audience noted that incorporating the existing body of evidence provisions into the Hathaway requirements could help equalize instruction and competency across districts.  Other concerns were how to address small schools with limited curriculum.  Rather than using only course names, defining course content was proposed in order to ensure that the same named course includes the same instruction from district to district.  Other views were that it was important to use course names, while school districts could show that the material taught met the requirements regardless of the name. 

 

Addressing the proposed success curriculum in appendix 5, Senator Scott moved that LSO draft legislation for the Committee to propose to the Education Committee.

 

He moved that the math requirement should include Algebra 1, Algebra 2 and geometry and an additional rigorous math class.  Courses which are the functional equivalent of those could count as far as satisfying the level of the requirements, including work done prior to high school, if that work is one of those courses.  Further discussion clarified that there would still be a four year math requirement in high school, but if the eighth grade course contained the same material as one of those listed above, it would  be included.  The motion passed. 

 

Senator Scott moved that for any additional rigorous math course requirement a statistics course would qualify as well as any higher math course which requires either Algebra 2 or geometry as a stated or practical prerequisite.   The motion passed.

 

Superintendent McBride suggested that should an additional course be taken in response to a low ACT test score then that additional course should qualify.  Senator Scott noted that could be part of a subsequent motion.  The additional course can be a course consisting of Algebra 2 and geometry only if the ACT scores received were low enough such that the student is counseled to take that course in response to the ACT score.  Senator Scott moved that a student taking an integrated math course designed to ensure competence in either geometry or algebra be included as one which meets the additional rigorous course requirement if the student fails to achieve a score on the ACT test as defined by the department in rules and regulations.  Cochairman Boggs suggested that it should be any course the student is advised into in order to avoid only the student deciding to take the same course over.  Senator Scott suggested that the Department should be authorized to establish by rule and regulation the requirements for such an additional course.  The motion passed, with the requirement to include that the student has been advised into the course.

 

Senator Scott moved that for math there be a provision allowing a waiver of the four year requirement for the classes to be taken in grades 9-12, if a student has taken the equivalent of any of the four classes some before high school and does not have the practical ability to get a fourth year in high school because the school does not provide additional options and no additional courses are available to the student at a postsecondary institution.  The motion passed.

 

Senator Scott questioned whether for those in the career vocational track, the curriculum requirements should be altered after the Algebra 2 level is met.  A number of members advocated against the change.  No motion was made on the issue.

 

Language arts was discussed next.  Dr.  Hansen noted the curriculum should be 4 years of grade level English to avoid counting remedial classes.  Ms. Post noted that the English classes could not be classified by grade level because they are embedded in other classes.  Mr. McBride suggested that the districts and Department should designate the courses in each district's curriculum as those which are grade level appropriate and qualify for Hathaway scholarships.  He noted that integrated courses present a special challenge.  Senator Scott moved that the provision on language arts should be as written and presented in the success curriculum proposal, with the additional qualification that they be at the college or industry preparatory level.  The motion passed.

 

Science was discussed.  Senator Scott suggested that geology be included with the physics, chemistry and biology courses listed on success curriculum proposal as a fourth course, with the requirement then that three of the four be required.  The fourth course requirement could be one of those four or an additional course which requires one of the listed four as a prerequisite.  The Committee discussed the availability of the classes and necessary qualifications of the teachers for the courses being listed. 

 

Senator Scott moved that the science requirement be four years of science in grades 9-12, the requirement would include three years from the following six courses; physics 1 and 2, chemistry 1 and 2 and biology 1 and 2.  The fourth year would be either one of the following courses: geology, astronomy, earth science or physical science or one of the first six listed earlier or an additional course which requires one of those listed six as a prerequisite.  The motion failed.

 

Dr. Hansen moved that the science requirement should be as written, with an amendment that for the  three named courses of physics, chemistry and biology all could be levels 1 or 2 or their named equivalents and another rigorous science course.  Three classes of the six named would be required and the fourth rigorous course could be one of the six named or another rigorous science course.  The intent is that the requirement could be met with two classes in any of the three named and two classes of another of the three, thereby allowing only two of the three listed subjects to be taken, so long as at least three years are taken from at least two or all three of the named subjects, with the fourth year being an additional course of any of the listed six or another a rigorous science course.  The motion passed.

 

Social Studies - Representative Wasserburger moved to rewrite the proposed curriculum to insert after "include," "world history, American history,".   Senator Scott moved to amend the amendment by inserting a period after "12" and inserting "The subject matter covered shall include, world history, American history”… [then as written].  The amended was accepted by Representative Wasserburger.  The motion as amended passed.

 

Foreign language – the Committee discussed the proposal.  Senator Scott moved that the draft include only the first sentence of the proposal.  The remainder being explanatory only.  A sentence should be added that a proficiency examination be allowed to meet either or both of the years of the foreign language requirement.  After discussion, Senator Scott moved an amendment to the motion that “An integrated foreign language program in grades K through 5 may be substituted for the first year in a sequenced program if a level of knowledge achieved is equivalent to the level achieved in the first year in a sequenced program.”  The amendment to the amendment failed.  The remainder of the motion, including the proficiency substitution portion of the motion passed. 

 

Ms. Post noted that the task force was recommending only a single curriculum.  Not a separate requirement for career scholarships.  Senator Scott noted disagreement with the single curriculum, but no motion was made.

 

Ms. Post addressed the phase-in.  The task force suggested that there be no phase-in for classes before 2011.  The Committee discussed that suggestion.  Representative Wasserburger moved that a phase be adopted as follows: for the high school graduating class of 2008, algebra 1 and one of the listed 6 science courses, for 2009 - algebra 1 and geometry and two of the listed six science courses plus world history; for 2010 – algebra 1 and 2 and geometry, three of the listed sciences and world history and American history; for 2011 - all success curriculum should be required.  The motion passed.        

 

The task force recommended that the state assessment not be used to augment qualifications until at least two years of data is collected on the state assessment.  The Committee discussed whether to integrate the current content areas and proficiencies or the current state assessment. 

 

The task force recommended that remedial courses not be allowed as a Hathaway course qualification.  The Committee discussed whether those classes should be included.  There was no motion.

 

Ms. Post addressed the other issues raised by the task force.  Those included grading scales and courses varying from district to district. 

 

Implementation of the success curriculum – Ms. Hill noted that rules on success curriculum would not be implemented until subsequent legislative action.

 

Senator Scott moved that the draft include a provision for curriculum oversight as follows:, "Primary responsibility for designating which courses meet Hathaway requirements rests with the several school districts.  The University of Wyoming trustees shall establish and staff a review committee consisting of three University of Wyoming trustees, three members of the Community College Commission designated by the Commission and the State Superintendent of Education as the chairman with a vote to break ties.  The review committee may structure one or more visiting committees composed primarily of individuals engaged in teaching undergraduates at the University of Wyoming or community college level to review requirements and courses of the individual districts and advise the review committee.  The review committee may remove specific courses from the list of those qualifying in any district for Hathaway for lack of adequate rigor to meet statutory or practical college preparatory needs.  The review committee may advise districts to revise requirements generally to meet Hathaway requirements.   The Committee discussed the motion, including the oversight of K-12 by postsecondary institutions and the need for a cooperative effort.

 

Senator Scott moved to amend the motion to state the review committee may structure one or more visiting committees composed of individuals engaged in teaching undergraduates at the University or community college level, individuals engaged in teaching at the high school level and members of the general public.  The amended motion failed.

 

Success curriculum - Dr. Hansen presented information on the issue of rigorous curriculum requirements.  Since 1950, the nation has gone from 20% of its jobs requiring postsecondary education to over 80% requiring postsecondary education.  He presented information regarding the number of Wyoming students attending college.  Preparation, financial and transitional issues all must be addressed in order to successfully change college entrance rates according to Dr. Hansen.  He noted the very high correlation of having taken the ACT core curriculum and test performance.  Wyoming has a high overall average ACT score when compared to the national average, but not as high of a performance when only high ACT scores are considered for the comparison.  Therefore, according to Dr. Hansen, the easiest way to increase those that are college ready in Wyoming is to increase the number of students taking higher level math courses.  He also noted the high correlation between higher level high school math courses and graduation rates from college. 

 

Dr. Hansen reviewed the changes Indiana and North Carolina had made to increase college attendance rates.  Those states have taken the position that it is generally ineffective to address only financial aid or academic preparation.  To increase information available to K-12 students about college preparation he suggested that the map used by the California system be used as a model for Wyoming. 

 

Cochairman Harshman stated that for the success curriculum there should be an opt out provision for all students, as opposed to having to opt into the necessary classes.  It was agreed that will be worked on by LSO with the cochairmen as a separate bill from the other changes proposed. 

 

The Committee tentatively set the next meeting for September  13th  in Casper, starting at 8:00 a.m. 

 

The meeting adjourned at approximately 2:15 p.m.

 

Respectfully submitted,

 

Representative Steve Harshman

 


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