ADOPTED SENATE AMENDMENTS
MONDAY, FEBRUARY 07, 2011
SF0052S2002/A
[TO SUBSTITUTE BILL No. 1]
Delete the Coe Committee of the Whole Amendment (SF0052SW001/A) entirely and further amend as follows:
Page 4-line 2 Delete "for the ensuing" strike "school year" and insert "after the expiration of a previous contract".
Page 5-line 4 Delete "annual" insert "contract".
Page 5-line 9 Strike "an annual" insert "a".
Page 6-line 20 Delete "for the ensuing" insert "to a teacher,".
Page 6-line 21 Delete "year,".
Page 7-line 2 After "open." insert "A contract for a probationary teacher shall not exceed one (1) year. A contract for a nonprobationary teacher shall not exceed four (4) years.".
Page 7-line 8 Before "teacher" insert "nonprobationary".
Page 7-line 10 After "cause." insert "After the expiration of a contract under W.S. 21‑7‑109, a nonprobationary teacher may be terminated for any reason not specifically prohibited by law prior to the offer and acceptance of an additional contract under that section.". BEBOUT
SF0070SS001/A
Page 1-line 6 Delete "school".
Page 1-line 7 Delete "level".
Page 2-line 9 Delete "school-based".
Page 2-line 10 After "student" insert "growth and".
Page 2-line 12 Delete "," insert "and".
Page 2-line 13 After "prescribed" insert "growth and".
Page 2-line 14 After "levels" delete line through "level".
Page 2-line 15 After "student" insert "growth and".
Page 2-line 16 Delete "school-based"; delete "for each".
Page 2-line 17 Delete "school".
Page 2-lines 19 through 21 Delete and insert:
"(i) Grade level performance in reading as measured by four (4) nationally recognized formative reading assessments per year administered in kindergarten through grade ten (10) and the statewide assessment in grades three (3) through eight (8) and grade eleven (11);
(ii) Grade level performance in mathematics as measured by four (4) nationally recognized formative mathematics assessments per year administered in kindergarten through grade ten (10) and the statewide assessment in grades three (3) through eight (8) and grade eleven (11);
(iii) ACT scores for each year in grade eleven (11);
(iv) High school graduation rates computed on a four (4), five (5) and six (6) year basis.".
Page 3-line 3 Delete and insert "supplemented by student assessments administered at the school district level pursuant to W.S. 21‑3‑110(a)(xxiv) to the extent specified by subsection (b) of this section.".
Page 3-lines 4 through 6 Delete.
Page 3-line 7 Delete "education.".
Page 3-line 8 After "be" delete balance of line.
Page 3-line 9 Delete "and advanced,"; after "by" insert "rule and regulation of".
Page 3-line 10 After "education" insert "." and delete balance of line.
Page 3-line 11 Delete.
Page 3-line 14 Delete "the department of education" insert "each district".
Page 3-line 15 Delete "combined school".
Page 3-line 16 Delete "two (2)".
Page 3-line 17 After "section" insert ". The department shall by rule and regulation establish a methodology for each district to compute target levels for student performance and growth based upon indicators specified under subsection (b) of this section."; delete "as follows:".
Page 3-lines 19 through 23 Delete.
Page 4-lines 1 through 23 Delete.
Page 5-lines 1 through 15 Delete and renumber.
Page 5-line 18 After "thereafter," delete balance of line.
Page 5-lines 19 and 20 Delete.
Page 5-line 22 Delete "(i) For the first year of" insert "upon"; delete "school".
Page 5-line 23 After "targets" insert "for student performance and growth as computed under subsection (b) of this section"; delete "for that school".
Page 6-line 1 Delete "the school's".
Page 6-line 4 Delete "within that school" insert "and growth"
Page 6-line 9 After "performing" delete line through "levels" and insert "below target".
Page 6-line 10 Delete "at proficient and" insert "above target".
Page 6-line 11 Delete "advanced".
Page 6-line 13 Delete "school" insert "district".
Page 6-line 22 Delete "school" insert "district".
Page 7-line 3 Delete "for that school".
Page 7-line 5 Delete "school".
Page 7-line 14 Delete ";" insert ".".
Page 7-lines 16 through 24 Delete.
Page 8-lines 1 through 23 Delete.
Page 9-lines 1 through 7 Delete and renumber.
Page 22-line 4 Delete "education association" insert "state board of education".
Page 22-line 18 Delete "." insert ";".
Page 22-After line 18 insert:
"(ix) A representative of the Wyoming business community appointed by the governor.".
Page 24-line 11 Delete "profiled at the school level".
Page 24-line 12 Delete "school" insert "district". COE, CHAIRMAN
SF0070SS002/A
Page 22-line 23 After "." insert "Any member appointed to the advisory committee which is not an employee of a governmental subdivision or a member of a political subdivision board or commission shall receive per diem and travel expenses in the manner and amount provided state employees under W.S. 9‑3‑103. Reimbursement shall be made from amounts appropriated under subsection 5(b) of this act.".
Page 27-line 12 After "is" delete balance of line and insert "available from the unexpended, unobligated amounts appropriated to the legislative service office under 2010 Wyoming Session Laws, Chapter 39, Section 334(f)(ii) for".
Page 27-line 13 Delete.
Page 27-line 14 Delete line through "fund". NICHOLAS, CHAIRMAN
SF0070SW001/A
Delete the Senate Standing Committee amendment (SF0070SS001/A). Further amend as follows:
Page 2-line 17 Before "school" insert "applicable".
Page 2-line 19 After "in" insert "third, fourth and fifth grade".
Page 2-line 21 After "(ii)" delete balance of line and insert "Secondary school level outcomes.".
Page 2-line 23 After "(c)" delete balance of line and insert "School level performance in reading shall be".
Page 2-line 24 Delete.
Page 3-line 2 Delete "," insert ". Secondary school outcomes shall be measured in accordance with subsection (d) of this section. To the extent applicable, each measure".
Page 3-line 3 Delete.
Page 3-line 4 Delete "measures".
Page 3-line 7 After "." delete balance of line.
Page 3-lines 8 through 11 Delete.
Page 3-line 16 Delete "two (2)".
Page 3-lines 19 through 24 Delete and insert:
"(i) For school level reading in grades three (3) through five (5), using existing proficiency performance levels specified on the statewide assessment:
(A) Each school shall record year‑to‑year performance level changes in reading for all students within grades three (3) through five (5) as may be served by that school. Year‑to‑year school level performance change designations shall be assigned as follows:
(I) "Positive progress" if a school moves from its immediately preceding school year performance level to a higher performance level in the current school year;
(II) "Performance level unchanged" if a school’s immediately preceding school year performance level is the same as its performance level in the current school year;
(III) "Negative progress" if a school moves from its immediately preceding school year performance level to a lower performance level in the current school year.
(B) Point values shall be assigned to each school according to the type of change in performance levels from the current school year compared to the performance level of the immediately preceding school year as follows:
(I) Schools demonstrating "positive progress" shall be designated as a positive point value;
(II) Schools demonstrating "performance level unchanged" shall be designated as an unchanged or zero (0) point value;
(III) Schools demonstrating "negative progress" shall be designated as a negative point value.
(ii) For secondary school-level outcomes, the following measures shall be used:
(A) A standardized, curriculum based college readiness test in grade eight (8) covering English, reading, mathematics and science, reported by the percentage of students meeting or exceeding college readiness benchmark scores for each subject area;
(B) A standardized, curriculum based achievement college entrance examination in grade eleven (11) covering English, reading, mathematics and science, reported by the percentage of students meeting or exceeding the college readiness benchmark score for each subject area.
(iii) All information generated under paragraphs (i) and (ii) of this subsection shall be recorded by matrix format established by rule and regulation of the department of education.".
Page 4-lines 1 through 24 Delete.
Page 5-line 2 Delete "is a" insert "shall be positive progress on all core indicators measured under subsection (d) of this section.".
Page 5-lines 3 through 15 Delete.
Page 5-line 19 Delete "target" insert "targets established under subsection (e) of this section".
Page 6-line 9 Delete "at basic and below-basic" insert "below target".
Page 6-line 10 After "performing" delete balance of line.
Page 6-line 11 Delete "advanced" insert "above target".
Page 9-line 3 Delete "target" insert "targets".
Page 12-line 11 After first "record" delete line through ",".
Page 14-line 13 Delete "and to".
Page 14-line 14 Delete line through ",".
Page 22-line 4 Delete "education association" insert "state board of education".
Page 22-line 18 Delete "." insert ";".
Page 22-After line 18 insert:
"(ix) A representative of the Wyoming business community appointed by the governor.".
Page 23-line 7 Delete "achievement" insert "performance".
Page 24-line 11 Delete "achievement" insert "performance".
Page 25-line 6 Delete "and to school" insert ",".
Page 25-line 7 Delete line through ",". COE, ROTHFUSS
SF0070SW002/A
Delete the Senate Standing Committee amendment (SF0070SS001/A). Further amend as follows:
Page 1-line 3 After ";" insert "modifying statewide assessment requirements;".
Page 1-line 12 Delete "an"; delete "date" insert "dates".
Page 10-line 3 After "(intro)," insert "(B),"; after "(D)," insert "(E),".
Page 10-line 4 After "(intro)" insert "and by creating a new paragraph (vii)".
Page 11-line 4 After "board" insert ". In addition and pursuant to W.S. 21‑2‑304(a)(vii) and 21‑3‑110(a)(xxiv)(B), effective school year 2012‑2013, the state superintendent shall, through the department, receive scores for each student assessed by each school district under the benchmark adaptive assessment administered under W.S. 21‑3‑110(a)(xxiv)(B), with appropriate linkages to teachers, schools and districts, reported in formats and schedules established by rule and regulation of the state board".
Page 14-After line 8 insert:
"(B) Be administered at appropriate
levels at specified grades and at appropriate intervals aligned to the
standards, specifically assessing student performance in reading, writing and mathematics at grades four (4),
eight (8) and eleven (11), and effective school year 2005-2006, and each school
year thereafter, assessing student performance in reading, writing and mathematics at grades three (3)
through eight (8) and at grade eleven (11). In addition and commencing school
year 2007-2008 and each school year thereafter, the statewide assessment system
shall assess student performance in science not less than once within each
grade band for grades three (3) through five (5), grades six (6) through eight
(8) and grades ten (10) through twelve (12). The structure and design of the
assessment system shall allow for the comprehensive measurement of student
performance through assessments that are administered each school year
simultaneously on a statewide basis; and through assessments administered periodically over the
course of the school year which are designed to provide a more comprehensive
and in-depth measurement of subject areas aligned to the state content and
performance standards. The assessment system may also measure the other common
core of knowledge and skills established under W.S. 21‑9‑101(b)
which can be quantified;".
Page 14-After line 21 insert:
"(E) Include
multiple measures and item types including grade appropriate multiple choice and open-ended testing such as constructed-response,
extended-response and performance-based tasks, to ensure alignment
to the statewide student content and performance standards;".
Page
14-line 24 Strike "teaching and".
Page 16-After 14 insert:
"(vii) Effective school year 2012‑2013, through benchmark adaptive assessments administered by school districts as a component of the district assessment system under W.S. 21‑3‑110(a)(xxiv), establish statewide standards for the assessment of student growth in mathematics and reading for all students in grades kindergarten through grade eight (8), to be separate from but correlated with the statewide assessment and accountability system established under paragraphs (a)(v) and (vi) of this section. The standards shall include:
(A) A benchmark testing system administered uniformly statewide by school districts, covering curriculum standards established by board rule and regulation, to be administered subject to board prescribed procedures;
(B) Prescribed growth by subject area and by grade level;
(C) Processes and procedures for aligning benchmark assessment results with assessment results obtained under the statewide assessment administered under paragraph (a)(v) of this section, using school year 2011‑2012 as the initial year for basing growth measurements;
(D) Use of assessment results to design educational strategies for improvement and enhancement of student performance through district school improvement plans assembled in accordance with subparagraph (a)(v)(H) of this section.".
Page 17-line 23 Reinsert stricken "W.S.
21‑2‑304(a)"; after stricken "(vi)"
insert "(vii) and"; delete
"W.S.".
Page 18-line 2 Strike "A component" insert "Components".
Page 18-line 3 After "include" insert "the following: (A) Until school year 2012-2013 and to the extent not covered under subparagraph (B) of this paragraph,".
Page 18-line 8 After ";" insert "and
(B) In accordance with W.S. 21‑2‑304(a)(vii), a standardized benchmark assessment designed to measure student progress during the school year using a statewide adaptive standard of assessment set by the state board of education, administered not less than two (2) times during each school year in accordance with prescribed time periods and procedures established by the state board. Assessment scores shall be reported to the department of education at times and in a manner prescribed by board rule and regulation, and shall include appropriate linkages to teachers and schools within the district.".
Page 23-line 11 Delete "together with" insert "subject to reporting from the state superintendent required under section 5(b) of this act. In addition, review of the statewide summative assessment shall be combined with the review of the statewide benchmark adaptive assessment required under this act and reported under section 5(a) of this act. The select committee shall also review".
Page 23-line 12 After "supplementation" insert "of the state summative and benchmark adaptive assessment".
Page 26-After line 15 insert and renumber:
(a) The state board of education, through the state superintendent and the department of education, shall pilot a statewide benchmark adaptive assessment during school year 2011‑2012 in accordance with requirements prescribed under W.S. 21‑2‑304(a)(vii) and W.S. 21‑3‑110(xxix). Assessment results from the pilot administration under this subsection shall be used to establish student achievement level alignment with the statewide summative assessment and student performance target levels for implementation in the 2012‑2013 school year. Reports on progress under this section shall be provided by the state board to the select committee on education accountability created under section 4 of this act during benchmark adaptive assessment development and implementation. A final report shall be provided to the select committee on or before December 1, 2011. The select committee shall provide necessary enabling legislation for assessment implementation in school year 2012‑2013.
(b) The state board, through the state superintendent and the department, shall commence development of a statewide multiple choice, standardized summative assessment meeting the requirements of 20 U.S.C. 6311 and providing assessment results to teachers and schools within the school year of assessment. Progress under this subsection shall be reported to the select committee during the course of the study required under section 4 of this act.
(c) For the period commencing upon the effective date of this section, and ending June 30, 2012, up to two hundred sixty‑five thousand dollars ($265,000.00) is appropriated from the school foundation program account to the department of education to carry out subsection (a) of this section. This appropriation shall not be included in the department's 2013‑2014 standard biennial budget request.".
Page 27-line 18 Before "This" insert "(a) Except as provided by subsection (b) of this section,".
Page 27-After line 21 insert:
"(b) Notwithstanding subsection (a) of this section, W.S. 21‑2‑304(a)(v)(B) and (E), as amended by section 2 of this act, is effective July 1, 2012.". COE, ROTHFUSS
SF0105SS001/A
Page 1-line 2 Delete line through "investments" insert "Wyoming attorney general".
Page 1-line 3 Delete "providing that".
Page 1-lines 4 through 7 Delete.
Page 1-line 8 Delete "statutes;"
Page 1-line 14 Delete "and".
Page 1-line 15 Delete line through "(d)".
Page 2-line 4 Delete "office of state" insert "Wyoming attorney general".
Page 2-line 5 Delete "lands and investments".
Page 2-line 6 After "act." insert "The plan shall be developed in phases and the first phase shall explore and report on the legal feasibility of developing the plan and shall identify persons or entities that may have research or other data that can assist in developing the plan.".
Page 2-line 9 Strike "Such a management plan shall consider:" and insert "If the first phase is approved by the governor and legislature, the plan shall be further developed to complete an inventory of the lands affected within Wyoming and to propose a timeline for enactment of the plan. This portion of the plan shall be submitted to the governor and the legislature no later than one (1) year after approval of the first phase. If approved by the governor and legislature, the plan shall then be finalized by adding the following considerations which, when complete, shall be submitted to the governor and legislature for final approval:".
Page 2-lines 21 through 23 Delete.
Page 3-lines 1 and 2 Delete.
Page 3-line 16 After "a" insert "congressionally designated". BEBOUT, CHAIRMAN
SF0125S2001/A
Page 1-line 3 Delete "in financial crisis" insert "unable to continue operations".
Page 2-line 10 After "operations" insert "or is unable to continue operations due to a natural or man-made disaster". SCOTT
SF0125S2002/A
Page 2-lines 18 through 24 Delete and insert:
"(ii) Appoint a crisis manager;
(iii) Loan state funds or authorize the crisis manager to expend state funds as provided by this paragraph. In no event shall financial assistance under this paragraph exceed the amount required to allow the transitional efforts of subparagraphs (A) or (B) of this paragraph for a time period not to exceed twenty-one (21) days. Funds under this paragraph shall only be expended to:
(A) Facilitate the orderly transition of patients to another facility while ensuring their proper care; or
(B) Provide temporary assistance necessary to permit a plan to be developed for the orderly transition of the operation of the facility to another.".
Page 3-lines 2 through 15 Delete including the Senate Standing Committee Amendment (SF0125SS001/A) to these lines. PERKINS
SF0132S3001/A
Page 2-line 20 Delete "ten (10)" insert "five (5)". CASE
SF0132S3002/A
Page 1-line 3 After "penalty;" insert "providing a definition;".
Page 1-lines 13 through 16 Delete including the Christensen Second Reading Amendment (SF0132S2001/A) to these lines, and insert:
"(a) A person is guilty of strangulation of a household member if he intentionally and knowingly or recklessly causes or attempts to cause bodily injury to a household member by impeding the normal breathing or circulation of blood by:".
Page 2-lines 8 through 10 Delete and renumber.
Page 2-after line 21 Insert and renumber:
"(d) For purposes of this section, "household member" means as defined in W.S. 35-21-102 except parents and their adult children and other adults sharing common living quarters.".
Renumber as necessary. HASTERT
SF0143S2001/A
Page 3-line 20 After "account" insert ", with approval of the governor,". COOPER, BEBOUT
SF0144S3001/A
Page 3-line 22 In the Senate Standing Committee Amendment (SF0144SS001/A) to this line, delete "reasonable" insert "responsible".
Page 4-after line 4 In the Senate Standing Committee Amendment (SF0144SS001/A) to these lines, after "insufficient" insert "responsible". NICHOLAS
SF0144S3002/A
Page 3-line 14 In the Senate Standing Committee Amendment (SF0144SS001/A) to this line, delete "in full or".
Page 4-line 4 In the Senate Standing Committee Amendment (SF0144SS001/A) to this line, delete "or".
Page 4-after line 4 In the Senate Standing Committee Amendment (SF0144SS001/A) to these lines, delete "." insert "; or
(V) If the requirement of subparagraph (B) of this paragraph is waived in part, the remaining value of the total subcontract work to be performed for the project is subject to the requirement of subparagraph (B) of this paragraph.". NICHOLAS
SF0145SS001/A
Page 5-line 23 Delete through "state".
Page 6-line 3 Delete "to obtain payment" insert "material to a false or fraudulent claim;".
Page 6-line 4 Delete.
Page 6-line 6 After "Conspires to" delete balance of line and insert "commit a violation of paragraphs (i), (ii), (iv), (v), (vi) or (vii) of this subsection;".
Page 6-lines 7 through 11 Delete.
Page 6-lines 16 and 17 Delete and insert "than all of that money or property;".
Page 6-lines 21 and 22 Delete and insert "state and, intending to defraud the state, makes or delivers a receipt without completely knowing that the information on the receipt is true;".
Page 7-line 2 Delete "any person" insert "an officer or employee of the state".
Page 7-line 6 After "statement" delete balance of line and insert "material to".
Page 7-line 7 Delete "decrease".
Page 7-line 8 After "state" delete ";" and insert "or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state.".
Page 7-lines 10 through 15 Delete and renumber.
Page 9-line 11 Delete "Once filed, the" insert "The action may be dismissed only if the court and the attorney general give written consent to the dismissal and their reasons for consenting;".
Page 9-lines 12 through 15 Delete.
Page 11-line 19 After "opportunity" delete balance of line and insert "for a hearing on the motion;".
Page 11-line 20 Delete.
Page 12-line 1 Delete.
Page 12-line 2 Delete "evidence".
Page 12-line 3 After "circumstances" insert ". Upon a showing of good cause, a hearing under this subparagraph may be held in camera".
Page 15-line 10 Delete "which includes damages,".
Page 15-lines 11 and 12 Delete.
Page 15-line 13 Delete through "action,".
Page 18-lines 13 through 19 Delete and insert:
"(iii) The court shall dismiss an action or claim under W.S. 42‑4‑304(b), unless opposed by the state, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed:
(A) In a criminal, civil or administrative hearing in which the state or an agent of the state is a party;
(B) In a legislative or administrative report, hearing, audit or investigation; or
(C) By the news media, unless the action is brought by the attorney general or the person bringing the action is an original source of the information.".
Page 19-lines 1 through 17 Delete and insert:
"(g) Any employee, contractor or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole if that employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under this section or other efforts to stop one (1) or more violations of this article. Relief under this subsection shall include reinstatement with the same seniority status that the employee, contractor or agent would have had but for the discrimination, two (2) times the amount of back pay, interest on the back pay and compensation for any special damages incurred as a result of discharge, demotion, suspension, threat, harassment or other discrimination including litigation costs and reasonable attorneys' fees. An action under this subsection may not be brought more than three (3) years after the date when the retaliation occurred.".
Page 19-line 23 Delete "ten (10)" insert "six (6)".
Page 19-line 24 After "committed" insert "or more than three (3) years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, whichever occurs last, provided that in no event shall a civil action be brought more than ten (10) years after the date on which the violation is committed".
Page 20-lines 2 through 5 Delete and renumber. SCOTT, CHAIRMAN
SF0150SS001/A
Page 17-line 3 Delete new language.
Page 17-line 17 Strike "and ex officio".
Page 17-line 18 Strike "register of deeds". CASE, CHAIRMAN