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S.F. No. 0104 |
Education-state administration. |
Sponsored By: Senator(s) Coe, Anderson, J.D. (SD02), Barnard, Bebout, Landen, Nicholas, P., Ross, Rothfuss, Schiffer and Von Flatern and Representative(s) Brown, Harshman, Lubnau, Madden, Stubson, Teeters and Throne
AN ACT relating to government administration; establishing the position of director of the department of education by statute; providing duties of the director of the department of education; amending duties of and transferring specified duties from the state superintendent to the director of the state department of education; requiring reporting; providing for transition; and providing for an effective date.
1/9/2013 Bill Number Assigned
1/10/2013 S Received for Introduction
1/10/2013 S Introduced and Referred to S04
1/11/2013 S04 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Barnard, Coe, Landen and Rothfuss
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/11/2013 S Placed on General File
1/11/2013 S Rereferred to S02
1/14/2013 S02 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Bebout, Dockstader, Hastert and Perkins
Nays: Senator(s) Meier
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
1/14/2013 S Placed on General File
SF0104SS001/ADOPTED
Page 1-line 7 Delete line through "position;".
Page 65-lines 9 through 22 Delete and renumber. BEBOUT, CHAIRMAN
1/14/2013 S Passed CoW
SF0104S2001/ADOPTED
Page 6-line 20 After "legislature." insert "The report shall include the quality of education including any proposed improvement to address any shortfalls, the relevance of education, the measurement of achievement of educational goals, the improvement of learning and any suggested innovations in education.". SCHIFFER, ROTHFUSS
SF0104S2002/ADOPTED
Page 3-line 3 Delete "(xxii),".
Page 3-line 5 After "(ii)," delete balance of line.
Page 3-line 6 Delete "21‑3‑309(b)(intro),".
Page 3-line 13 After "(b)" delete ",".
Page 3-line 14 Delete "21‑22‑107(h)".
Page 25-line 18 Strike "eleven (11)" insert "twelve (12)".
Page 25-line 20 Reinsert stricken "voting".
Page 25-line 21 Reinsert stricken "member" delete "members".
Page 25-line 22 Delete all new language.
Page 25-line 23 Delete all new language.
Page 25-line 24 Delete all new language and insert "The director of the state department of education shall be an ex officio member and shall not have".
Page 33-line 3 Reinsert stricken language and delete all new language; after reinserted "state superintendent" insert "and the governor".
Page 33-line 4 Delete "education".
Page 33-line 9 Reinsert stricken language and delete all new language; after reinserted "state superintendent" insert "and the governor on a rotating basis".
Page 34-lines 21 through 24 Delete.
Page 35-lines 1 and 2 Delete.
Page 37-lines 19 through 23 Delete.
Page 38-lines 1 through 23 Delete.
Page 39-lines 1 through 20 Delete.
Page 40-line 1 After "(a)" insert "The director of the state department of education shall administer the education resource block grant model and perform the duties prescribed under this statute.".
Page 43-line 5 Strike "by furnishing assistance of the".
Page 43-line 6 Strike the line through "department,".
Page 43-line 7 Reinsert stricken language and delete all new language.
Page 57-line 9 Strike "eight (8)" insert "nine (9)"; reinsert stricken language.
Page 57-line 10 Reinsert stricken language; after reinserted stricken language insert "and the".
Page 59-line 5 Strike "Four (4)" insert "Two (2)"; reinsert stricken language.
Page 59-line 6 Reinsert stricken language; after reinserted stricken language insert "and two (2)members appointed by the".
Page 59-line 7 Reinsert stricken language.
Page 59-line 8 Reinsert stricken language; after reinserted stricken language insert "and the".
Page 59-line 24 Reinsert stricken language; after reinserted stricken language insert "and the".
Page 60-lines 11 – 18 Delete. MEIER
SF0104S2003/ADOPTED
Page 2-line 7 After "." insert "The director shall at minimum, hold a master's degree in business, public or education administration, or other relevant advanced degree from an accredited higher education institution, have a minimum of ten (10) years of management or administrative experience in education, government or business, provide credentials demonstrating exceptional accomplishment in previous employment, and provide evidence of problem solving skills, organizational skills, education assessment and accountability experience and knowledge and experience in statistical analysis and school finance.". MEIER
SF0104S2004/WITHDRAWN
SF0104S2005/FAILED
Delete the Meier Second Reading Amendment (SF0104S2004/A) entirely and further amend as follows:
Page 2-line 2 Delete "governor" insert "state board of education"; after "person" insert "with outstanding professional qualifications".
Page 2-line 3 Delete "from a list".
Page 2-line 4 Delete.
Page 2-line 5 Delete through "education".
Page 2-line 6 Delete "governor" insert "state board of education"; delete "by him".
Page 2-line 7 After "9‑1‑202" insert "(b)".
Page 2-line 10 Delete through "governor" insert "recommended by the state board of education and approved by the legislature".
Page 61-line 23 Delete "governor" insert "state board of education".
Page 62-line 18 Delete "governor" insert "state board of education".
Page 62-line 21 Delete "governor" insert "state board of education".
Page 62-line 22 Delete "by temporary" insert "for confirmation by the legislature under W.S. 21‑1‑104.".
Page 62-line 23 Delete. PERKINS
1/15/2013 S Passed 2nd Reading
SF0104S3001/ADOPTED
Page 2-line 7 In the Meier Second Reading Amendment (SF0104S2003/A), after "knowledge" delete remainder of the sentence and insert "of statistical analysis, data management, school finance and possess effective communication skills.". MEIER, COE
SF0104S3002/FAILED
Page 2-line 12 After "28‑12‑103." insert "The director shall serve for a term of two (2) years and may be reappointed without limitation. Any reappointment shall not require the state board of education to submit three (3) names of qualified candidates as required for the first appointment. The director shall be subject to an annual performance review by the state board of education which shall provide the governor and the legislature with a summary of the performance review not later than January 1 of each calendar year.". MEIER, COOPER
SF0104S3003/ADOPTED
Page 3-line 3 Delete the Meier Second Reading amendment (SF0104S2002/A) to this line.
Page 8-line 15 Delete "." insert ";".
Page 8-After line 15 Insert:
"(v) In consultation with the department of environmental quality and school districts, establish guidelines for school districts for the proper and safe storage and disposal of toxic chemicals and other hazardous substances used by schools in education programs.".
Page 34-lines 21 through 24 Delete the Meier Second Reading Amendment (SF0104S2002/A) to these lines and further amend as follows:
Page 34-line 22 Reinsert stricken language and delete all new language.
Page 34-line 23 Strike "21‑2‑202(a)(xxii)" and insert "21‑2‑201(c)(v)".
Page 35-lines 1 and 2 Delete the Meier Second Reading Amendment (SF0104S2002/A) to these lines.
Page 61-line 11 After "21‑2‑202(a)(xix)(J)," insert "(xxii),". MEIER
SF0104S3004/FAILED
Page 66-line 15 Delete "immediately upon" insert "July 1, 2015".
Page 66-lines 16 through 18 Delete. NUTTING, MEIER
ROLL CALL
Ayes: Senator(s) Burns, Case, Cooper, Dockstader, Geis, Hicks, Meier and Nutting
Nays: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Christensen, Coe, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hines, Johnson, Landen, Nicholas, P., Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Ayes 8 Nays 22 Excused 0 Absent 0 Conflicts 0
1/16/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Bebout, Christensen, Coe, Craft, Driskill, Emerich, Esquibel, F., Hastert, Johnson, Landen, Nicholas, P., Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Barnard, Burns, Case, Cooper, Dockstader, Geis, Hicks, Hines, Meier and Nutting
Ayes 20 Nays 10 Excused 0 Absent 0 Conflicts 0
1/17/2013 H Received for Introduction
1/18/2013 H Introduced and Referred to H02
1/23/2013 H02 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Burkhart, Esquibel, K., Harshman, Moniz, Nicholas, B., Stubson and Wallis
Ayes 7 Nays 0 Excused 0 Absent 0 Conflicts 0
1/23/2013 H Placed on General File
SF0104HW001/ADOPTED (TO ENGROSSED COPY)
Page 15-line 20 After "." insert "The state department of education shall provide information or data requested by the state board that is necessary to perform duties under W.S. 21‑2‑304.". PATTON, TEETERS
SF0104HW002/ADOPTED (TO ENGROSSED COPY)
Page 1-line 4 Delete "transferring" insert "amending duties of and transferring specified".
Page 26-line 13 Reinsert stricken "eleven (11)"; delete "twelve (12)".
Page 26-line 16 Strike "voting member" insert "members".
Page 26-line 17 After "instruction" strike and delete the balance of the line entirely and insert "and the director of the state department of education. The state superintendent and the director shall be ex-officio members".
Page 26-line 18 Delete entirely.
Page 27-line 21 Reinsert stricken language; after reinserted stricken language insert "and the". PATTON, FREEMAN
SF0104HW003/FAILED (TO ENGROSSED COPY)
Page 2-line 1 Delete "governor" insert "state board of education".
Page 2-line 2 Delete "from a list".
Page 2-line 3 Delete entirely.
Page 2-line 4 Delete through "education".
Page 2-line 6 After "9‑1‑202" insert "or with a vote of no confidence by the state board of education".
Page 2-line 22 After "28‑12‑103" insert "except the duties of the governor under those provisions shall be carried out by the state board of education".
Page 60-line 8 Delete "governor" insert "state board of education".
Page 61-line 3 Delete "governor" insert "state board of education".
Page 61-line 6 Delete "governor" insert "state board of education".
Page 61-line 7 Before "director" insert "permanent"; delete "by temporary" insert " subject to senate confirmation in the 2014 budget session.".
Page 61-line 8 Delete entirely. SOMMERS
1/23/2013 H Passed CoW
SF0104H2001/FAILED (TO ENGROSSED COPY)
Page 64-After line 7 Insert:
"(h) No person who is an employee of the state of Wyoming on the effective date of this act shall be appointed by the governor as the director or interim director of the department of education." JAGGI
SF0104H2002/FAILED (TO ENGROSSED COPY)
Page 1-line 6 After "transition;" insert "providing an appropriation; authorizing the state superintendent to retain independent counsel to pursue legal action;".
Page 64–after line 7 Insert:
"Section 6. There is appropriated from the general fund to the office of the state superintendent of public instruction twenty thousand dollars ($20,000.00). This appropriation may be used solely for the purposes of retaining independent legal counsel, and paying associated litigation expenses, as the state superintendent determines appropriate to initiate and maintain an action challenging the constitutionality of any provision of this act.".
Renumber as necessary. GINGERY
ROLL CALL
Ayes: Representative(s) Baker, Davison, Gay, Gingery, Halverson, Jaggi, Kroeker, Loucks, McKim, Piiparinen, Reeder, Watt and Winters
Nays: Representative(s) Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Freeman, Goggles, Greear, Greene, Harshman, Harvey, Hunt, Hutchings, Kasperik, Kirkbride, Krone, Larsen, Lockhart, Lubnau, Madden, Moniz, Nicholas B., Northrup, Patton, Paxton, Petroff, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Wilson, Zwonitzer, Dn., Zwonitzer, Dv.
Excused: Representative(s) Miller
Ayes 13 Nays 46 Excused 1 Absent 0 Conflicts 0
1/24/2013 H Passed 2nd Reading
1/25/2013 H Motion to Lay Back Pursuant to HR 7-3 - Gingery
1/25/2013 Objection to Motion to Lay Back Pursuant to HR 7-3 - Zwonitzer, Dan
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Freeman, Gay, Goggles, Greear, Greene, Harshman, Harvey, Kasperik, Kirkbride, Krone, Larsen, Lockhart, Lubnau, Madden, Moniz, Nicholas, B., Northrup, Patton, Petroff, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Wilson, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Davison, Gingery, Halverson, Hunt, Hutchings, Jaggi, Kroeker, Loucks, McKim, Paxton, Piiparinen, Reeder, Watt and Winters
Excused: Representative(s) Miller
Ayes 45 Nays 14 Excused 1 Absent 0 Conflicts 0
SF0104H3001/ADOPTED (TO ENGROSSED COPY)
Page 63-line 16 After "." insert "The report shall also include a plan specifying a process for completion of department organization and professional capacity building over a period not to exceed five (5) years.". TEETERS
SF0104H3002/ADOPTED (TO ENGROSSED COPY)
Page 61-line 5 After "." insert "In addition, the department of administration and information shall immediately secure office space for the state superintendent of public instruction in facilities separate from the department of education.". TEETERS
SF0104H3003/ADOPTED (TO ENGROSSED COPY)
Page 60-line 23 Delete "." insert ";".
Page 60-After line 24 Insert:
"(iv) There is to be as little disruption as possible to the everyday duties and activities of the staff of the department of education. The governor and the interim director shall review all personnel decisions, including but not limited to any transfers, change of job duties, or terminations, within sixty (60) days prior to effective date of this act. In addition, if the interim director determines changes to personnel are required after the effective date of this act, such changes shall be submitted to the governor for approval prior to any transfers, change of job duties, or termination of any employee.". ZWONITZER, DN.
SF104H3004/WITHDRAWN
SF0104H3005/ADOPTED (TO ENGROSSED COPY)
Page 9-line 12 Delete "." insert ";".
Page 9-After line 12 insert:
"(vi) Identify professional development needs for Wyoming schools and teachers based upon the analysis of the quality indicators specified under subsection (b) of this section, establish a plan to address the professional development needs, contract with necessary expertise to provide professional development to Wyoming certified teachers and conduct up to five (5) regional workshops each year providing the identified professional development needs.". TEETERS
SF0104H3006/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 61-line 4 Delete "interim" insert "transitional".
Page 61-line 6 Delete "December 1, 2013" insert "January, 1, 2015".
Page 61-line 10 Delete "interim" insert "transitional"; delete "immediate".
Page 61-line 14 Delete "interim" insert "transitional".
Page 61-line 17 After "governor" insert "on or after January 1, 2015".
Page 61-line 23 Delete "interim" insert "transitional".
Page 62-line 3 Delete "interim" insert "transitional".
Page 62-line 5 After "duties" insert "that will be".
Page 62-line 6 Delete "November 1, 2013" insert "December 1, 2014".
Page 62-line 10 Delete "were" insert "should be".
Page 63-line 5 Delete "2013" insert "2014"; delete "interim" insert "transitional".
Page 63-lines 18 through 23 Delete entirely.
Page 64-lines 1 and 2 Delete entirely.
Page 64-line 4 Delete "(g)" insert "(f)".
Page 64-line 9 through 12 Delete entirely and insert:
"Section 6.
(a) Except as provided in subsection (b) of this act, this act is effective January 5, 2015.
(b) Section 5 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". JAGGI
1/25/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Freeman, Goggles, Greear, Greene, Harshman, Harvey, Kasperik, Krone, Larsen, Lockhart, Lubnau, Madden, Moniz, Nicholas, B., Northrup, Patton, Petroff, Stubson, Teeters, Throne, Wallis, Walters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Baker, Davison, Gay, Gingery, Halverson, Hunt, Hutchings, Jaggi, Kirkbride, Kroeker, Loucks, McKim, Paxton, Piiparinen, Reeder, Semlek, Sommers, Watt, Wilson and Winters
Excused: Representative(s) Miller
Ayes 39 Nays 20 Excused 1 Absent 0 Conflicts 0
1/25/2013 S Received for Concurrence
1/25/2013 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Christensen, Coe, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hicks, Johnson, Landen, Nicholas, P., Perkins, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Burns, Case, Cooper, Dockstader, Geis, Hines, Meier, Nutting and Peterson
Ayes 21 Nays 9 Excused 0 Absent 0 Conflicts 0
1/25/2013 Assigned Number SEA No. 0001
1/25/2013 S President Signed SEA No. 0001
1/25/2013 H Speaker Signed SEA No. 0001
1/29/2013 Governor Signed SEA No. 0001
1/29/2013 Assigned Chapter Number
Chapter No. 0001 Session Laws of Wyoming 2013