|
S.F. No. 0106 |
State education administration. |
Sponsored By: Management Council
AN ACT
relating to public education; providing for a process to address a 2014 Supreme
Court decision relating to the structure and oversight of the state's public
school system; requiring a legislative study; providing for the delegation of
powers and duties relating to the administration of the state's school system;
providing an appropriation; and providing for an effective date.
2/11/2014 Bill Number Assigned
2/12/2014 S Received for Introduction
2/13/2014 S Failed Introduction
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Bebout, Burns, Christensen, Coe, Craft,
Driskill, Emerich, Esquibel, F., Hastert, Landen, Nicholas, P., Perkins, Ross,
Rothfuss, Schiffer, Scott and Von Flatern
Nays:
Senator(s) Anderson, JL S28, Barnard, Case, Cooper, Dockstader, Geis,
Hicks, Hines, Johnson, Meier, Nutting and Peterson
Ayes 18
Nays 12 Excused
0 Absent 0 Conflicts 0
2/13/2014 S Reconsidered
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Anderson, JL S28, Bebout, Burns,
Christensen, Coe, Cooper, Craft, Driskill, Emerich, Esquibel, F., Hastert,
Johnson, Landen, Nicholas, P., Perkins, Peterson, Ross, Rothfuss, Schiffer,
Scott and Von Flatern
Nays:
Senator(s) Barnard, Case, Dockstader, Geis, Hicks, Hines, Meier and
Nutting
Ayes 22
Nays 8 Excused
0 Absent 0 Conflicts 0
2/13/2014 S Introduced and Referred to S12
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Anderson, JL S28, Bebout, Burns,
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, Case, Cooper, Dockstader, Geis, Hicks, Hines, Meier
and Nutting
Ayes 21
Nays 9 Excused
0 Absent 0 Conflicts 0
2/18/2014 S12 Recommended Do Pass
ROLL CALL
Ayes:
Senator(s) Bebout, Craft, Nicholas, P., Ross and Rothfuss
Ayes 5
Nays 0 Excused
0 Absent 0 Conflicts 0
2/18/2014 S Placed on General File
2/18/2014 S Rereferred to S02
2/20/2014 S02 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Bebout, Dockstader and Hastert
Nays:
Senator(s) Meier
Excused: Senator(s) Perkins
Ayes 3
Nays 1 Excused
1 Absent 0 Conflicts 0
2/20/2014 S Placed on General File
SF0106SS001/ADOPTED
Page 5-line 21 Delete "twenty thousand
dollars" insert "fifty thousand dollars ($50,000.00)".
Page 5-line
22 Delete
"($20,000.00)". BEBOUT, CHAIRMAN
2/21/2014 S Passed COW
SF0106S2001/FAILED
Page 1-line 4 After "requiring a legislative
study;" insert "providing procedures for a special legislative
session as specified;".
Page 4-lines 13 After
"to" delete balance of line and insert:
"provide the most efficient and effective system of education
to Wyoming's children consistent with the ruling referenced in paragraph (a)(i)
of this section and any subsequent reconsideration or enforcement of that
ruling. The study shall:
(i) Be based upon initial
legislation vesting the office of the superintendent of public instruction with
all the powers and duties held by the office prior to the enactment of 2013
Wyoming Sessions Laws, Chapter 1 together with all the powers and duties
assigned to the newly created director of the department of education and other
powers and duties assigned elsewhere within the department of education
subsequent to the 2013 and 2014 legislative sessions;
(ii) Proceed so as to continue to
fund a director of the department of education position, selected by the
superintendent of public instruction from a pool of applicants provided by an
executive search company, no less than two (2) department of education
department heads, the state board of education and the governor or his
designee, who has experience in a school district or as a state educational
leader in a program that performs in the top one-quarter (1/4) of National
Assessment of Educational Progress scores, and who shall have duties as
assigned by the legislature and by the superintendent of public instruction
consistent with the ruling referenced in paragraph (a)(i) of this section and
any subsequent reconsideration or enforcement of that ruling;
(iii) Proceed so as to support the
structuring of the position of director of the department of education by
filling that position with a qualified professional under an employment
contract term of five (5) years with extensions at the will of the
superintendent of public instruction upon no less than six (6) months' notice
of contract termination. Notwithstanding
the five (5) year contract term and consistent with written provisions included
in the director's contract, the director shall be subject to removal by the
superintendent upon malfeasance, misfeasance or nonfeasance in office or at the
pleasure of the superintendent with the advice and consent of the senate, the
request for removal being submitted as provided in W.S 28‑12‑101(a) and the senate considering the request as provided in
W.S. 28‑12‑102(a) and (b);
(iv) Adopt a budget for the office of the
superintendent of public instruction and department of education consistent
with the assignment of powers and duties adopted elsewhere in the study.
(c) The study required by
subsection (b) of this section shall begin upon a meeting of the study group
membership, as established in subsection (b) of this section, on or about March
24, 2014
(d) Upon the passage of this act
by both the senate and the house of representatives, the president of the
senate and speaker of the house of representatives shall initiate a written
poll of their membership to convene a special legislative session on or about April
21, 2014 for the purpose of considering the study required by subsection (b) of
this section and passing legislation.
The legislation introduced at the special session shall be consistent
with standards established in subsection (b) of this section and be modified,
if at all, pursuant to the recommendations of the study group and consistent
with the ruling referenced in paragraph (a)(i) of this section and any
subsequent reconsideration or enforcement of that ruling.".
Page 4- lines 14 through 24 Delete.
Page 5-lines 1 through 19 Delete.
Page 5-line 21 In the Senate Standing Committee
Amendment [SF0106SS001/A] to this line delete "fifty thousand dollars
($50,000.00)" insert "ninety thousand dollars ($90,000.00). MEIER
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Barnard, Case, Christensen, Cooper,
Dockstader, Driskill, Geis, Hicks, Hines, Meier and Nutting
Nays:
Senator(s) Anderson, JL S28, Bebout, Burns, Coe, Craft, Emerich,
Esquibel, F., Hastert, Johnson, Landen, Nicholas, P., Perkins, Peterson, Ross,
Rothfuss, Schiffer, Scott and Von Flatern
Ayes 12
Nays 18 Excused
0 Absent 0 Conflicts 0
2/24/2014 S Passed 2nd Reading
SF0106S3001/ADOPTED
Page 4-line 15 Delete "include retrofitting"
insert "address current statutory accountability and assessment
responsibilities.".
Page 4-lines 16 through 18 Delete.
Page 4-line 19 Delete "its 2013 interim study.". MEIER
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns,
Case, Christensen, Cooper, Dockstader, Driskill, Geis, Hicks, Hines, Johnson,
Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Schiffer, Scott and
Von Flatern
Nays:
Senator(s) Coe, Craft, Emerich, Esquibel, F., Hastert, Ross and Rothfuss
Ayes 23
Nays 7 Excused
0 Absent 0 Conflicts 0
SF0106S3002/FAILED
Page 4-line 15 After "." insert "The
management council and cochairmen shall base their study on the initial
assumption that the office of superintendent of public instruction should be
vested with all the powers and duties held by the office prior to the enactment
of 2013 Wyoming Sessions Laws, Chapter 1 together with all the powers and
duties assigned to the newly created director of the department of education
and other powers and duties assigned elsewhere within the department of
education subsequent to the 2013 and 2014 legislative sessions.". MEIER
SF0106S3003/FAILED (CORRECTED COPY)
Page 5-line 1 Delete "developed in"
insert "submitted to the legislature.".
Page 5-lines 2 through 8 Delete. MEIER
ROLL CALL
Ayes:
Senator(s) Case, Cooper, Dockstader, Geis, Hicks, Hines, Meier, Nutting
and Scott
Nays:
Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns,
Christensen, Coe, Craft, Driskill, Emerich, Esquibel, F., Hastert, Johnson,
Landen, Nicholas, P., Perkins, Peterson, Ross, Rothfuss, Schiffer and Von Flatern
Ayes 9
Nays 21 Excused
0 Absent 0 Conflicts 0
SF0106S3004/FAILED (CORRECTED COPY)
Delete the First Meier Third
Reading Amendment (SF0106S3001/A), Second Meier Third Reading Amendment
(SF0106S3002/A) and Third Meier Third Reading Amendment (SF0106S3003/A)
entirely and further amend as follows:
Page 3-line 2 After
"requirements" insert "and which serve the interests of
Wyoming's citizens".
Page 3-line
21 After
"Constitution," insert "to serve the interests of the general
public".
Page 4-line 1 After
"to" insert "acting in the interest of the public by".
Page 4-line 7 Delete "the management
council" insert "a study group composed of four (4) members of the
management council and two (2) legislators who voted against the passage of
2013 Wyoming Session Laws, Chapter 1 as appointed by the president of the
senate, together with four (4) members of the management council and two (2)
legislators who voted against the passage of 2013 Wyoming Session Laws Chapter
1 as appointed by the speaker of the house and".
Page 4-line 8 Delete "together with".
Page 4-line 15 After
"." delete balance of line and insert:
"The
study group may delegate the hearing and examination of certain topics to one
(1) or more joint interim committees of the legislature to report back to the
study group. The final recommendations
of the study group shall include:
(i) Consideration of current
statutory accountability and assessment responsibilities;
(ii) Proposed budgets for education
related programs and services;
(iii) Proposed
enabling legislation;
(iv) Proposed functions for the office of the
superintendent of public instruction;
(v) Proposed functions and
selection criteria for the director of the department of education; and
(vi) If
deemed necessary, recommendations for convening a special session of the
legislature to consider legislation implementing study group
recommendations.".
Page 4-lines 16 through 24 Delete.
Page 5-lines 1 through 19 Delete.
Page 5-line 21 Delete "(d)" insert
"(c)".
Page 6-lines 2 through 24 Delete and renumber.
Page 7-lines 1 through 23 Delete.
Page 8-lines 1 through 17 Delete.
Page 8-line
19 Delete "4." insert "2.". NUTTING
SF0106S3005/ADOPTED (CORRECTED COPY)
Page 4-line 6 Delete "in response to the"
insert "in as close conformity as reasonably possible with all
constitutional limitations identified by the supreme court in relation to the
opinion cited at paragraph (a)(i) of this section".
Page 4-line 7 Delete "ruling of the Supreme
Court". BEBOUT
ROLL CALL
Ayes:
Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns,
Case, Coe, Cooper, Dockstader, Driskill, Emerich, Geis, Hicks, Hines, Johnson,
Landen, Nutting, Peterson, Scott and Von Flatern
Nays:
Senator(s) Christensen, Craft, Esquibel, F., Hastert, Meier, Nicholas,
P., Perkins, Ross, Rothfuss and Schiffer
Ayes 20
Nays 10 Excused
0 Absent 0 Conflicts 0
2/25/2014 S Passed 3rd Reading
ROLL CALL
Ayes:
Senator(s) Anderson, JL S28, Bebout, Burns, Coe, Craft, Emerich,
Esquibel, F., Hastert, Johnson, Landen, Nicholas, P., Perkins, Peterson, Ross,
Rothfuss, Schiffer, Scott and Von Flatern
Nays:
Senator(s) Anderson, JD S02, Barnard, Case, Christensen, Cooper, Dockstader,
Driskill, Geis, Hicks, Hines, Meier and Nutting
Ayes 18
Nays 12 Excused
0 Absent 0 Conflicts 0
2/26/2014 H Received for Introduction
2/26/2014 H Introduced and Referred to H04
ROLL
CALL
Ayes:
Representative(s) Connolly, Freeman, Northrup, Patton, Paxton, Sommers
and Teeters
Nays:
Representative(s) Hunt and Piiparinen
Ayes 7
Nays 2 Excused
0 Absent 0 Conflicts 0
2/27/2014 H Placed on General File
2/28/2014 H Rereferred to H02
2/28/2014 H02 Recommended Do Pass
ROLL CALL
Ayes:
Representative(s) Blikre, Burkhart, Esquibel, K., Harshman, Moniz,
Nicholas, B. and Stubson
Ayes 7
Nays 0 Excused
0 Absent 0 Conflicts 0
2/28/2014 H Placed on General File
3/3/2014 H Did Not Consider in COW