HCS CSSB 133(HES): "An Act relating to a two-year transition for implementation of the public high school competency examination and to establishing a secondary student competency examination as a high school graduation requirement; relating to certain reports regarding academic performance of schools; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 133(HES) 01 "An Act relating to a two-year transition for implementation of the public high school 02 competency examination and to establishing a secondary student competency 03 examination as a high school graduation requirement; relating to certain reports 04 regarding academic performance of schools; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 PURPOSE AND INTENT. (a) As part of the state's quality schools initiative, the 09 purpose of this Act is to maximize the opportunity for the success of all public school students 10 by (1) continuing to measure student performance through appropriate testing based on 11 specific standards; (2) allowing the Department of Education and Early Development to 12 continue to develop and perfect the competency examination to allow measurement of 13 minimum competency in essential skills and to perfect the testing method; (3) ensuring that 14 school districts and families receive performance data from standards-based assessments of
01 students; and (4) encouraging schools and school districts to develop and promote 02 endorsements and awards that document high levels of academic, artistic, and vocational 03 achievement by graduating students. The performance data is to be used to better determine 04 appropriate academic intervention and support for students. 05 (b) The purpose of the change of date made by sec. 7 of this Act is to 06 (1) allow for specific high standards to be set and maintained for public 07 schools in the state; and 08 (2) ensure maximum opportunity for all students to learn and for school 09 districts to improve. 10 (c) It is the intent of sec. 2 of this Act to establish a secondary student competency 11 examination that focuses on the minimum competencies in essential skills in the areas of 12 reading, English, and mathematics that a student should have to know in order to function in 13 our society. 14 * Sec. 2. AS 14.03.075, enacted by sec. 1, ch. 58, SLA 1997, is amended to read: 15 Sec. 14.03.075. Secondary student [PUPIL] competency testing. (a) A 16 student [PUPIL] may not be issued a secondary school diploma unless the student 17 [PUPIL] passes a competency examination in the areas of reading, English, and 18 mathematics or receives a waiver from the governing body. A governing body 19 may not grant a waiver to a student before the student's final semester of 20 attendance. The department shall determine the form and contents of the examination 21 and shall score completed examinations. [A PUPIL WHO FAILS TO PASS THE 22 EXAMINATION REQUIRED UNDER THIS SUBSECTION AND WHO IS NO 23 LONGER IN ATTENDANCE SHALL RECEIVE A CERTIFICATE OF 24 ATTENDANCE FROM THE SCHOOL DISTRICT INDICATING THE YEARS OF 25 ATTENDANCE AND THAT THE PUPIL HAS NOT PASSED A COMPETENCY 26 EXAMINATION OR RECEIVED A DIPLOMA.] 27 (b) A student [PUPIL] who fails the examination required under this section 28 shall be retested at least once during a school year on those portions of the 29 examination that the student has not passed. A student who passes any portion 30 of the test may not retake that portion of the test [MAY BE REEXAMINED. A 31 REEXAMINATION MAY NOT BE OFFERED MORE OFTEN THAN ONCE
01 EVERY THREE MONTHS AND MUST OCCUR WITHIN THREE YEARS AFTER 02 THE DATE THE PUPIL IS NO LONGER IN ATTENDANCE]. A student [PUPIL] 03 who, when retested, passes the portions of the test not previously passed 04 [REEXAMINATION] and who meets any other graduation requirements shall receive 05 a diploma from the school district. This subsection does not apply to a student who 06 is a child with a disability if the student's individualized education program team 07 recommends that the student not be retested. 08 * Sec. 3. AS 14.03.075, enacted by sec. 1, ch. 58, SLA 1997, is amended by adding new 09 subsections to read: 10 (c) Notwithstanding (a) of this section, 11 (1) a child with a disability who is receiving educational services 12 through an individualized educational program under AS 14.30.278 may qualify for 13 the issuance of a secondary school diploma by 14 (A) passing all portions of the examination described under (a) 15 of this section; 16 (B) passing all portions of the examination described under (a) 17 of this section with the accommodations approved by the student's 18 individualized education program team; or 19 (C) demonstrating, through a portfolio of work, mastery of 20 state performance standards established by the board; and 21 (2) a student who transfers into a public high school in this state shall 22 receive a diploma if the student 23 (A) meets graduation requirements imposed by the governing 24 body and the state; and 25 (B) has passed a competency examination in the state from 26 which the student transferred. 27 (d) A student who fails to qualify for the issuance of a diploma under (a) of 28 this section or a retest under (b) of this section by the end of the student's final 29 semester of attendance, but who has met all other graduation requirements of a 30 governing body and the state, shall be awarded a certificate of achievement. A 31 certificate of achievement may include the following information:
01 (1) the portions of the examination described under (a) of this section 02 that were passed; 03 (2) the student's attendance record; and 04 (3) other information indicating the qualifications of the student that 05 the governing body determines appropriate. 06 (e) The department shall by regulation establish uniform standards for 07 (1) pre-examination study materials; and 08 (2) procedures to be followed during administration of an examination. 09 (f) In this section, 10 (1) "child with a disability" has the meaning given "children with 11 disabilities" in AS 14.30.350; 12 (2) "individualized education program team" has the meaning given in 13 AS 14.30.350. 14 * Sec. 4. AS 14.03 is amended by adding a new section to read: 15 Sec. 14.03.078. Report. The department shall provide to the legislature by 16 February 15 of each year an annual report regarding the progress of each school and 17 school district toward high academic performance by all students. The report required 18 under this section must include 19 (1) information described under AS 14.03.120(d); 20 (2) the number and percentage of students in each school who pass the 21 examination required under AS 14.03.075, and the number who pass each section of 22 the examination; 23 (3) progress of the department 24 (A) toward implementing the school accountability provisions 25 of AS 14.03.123; and 26 (B) in assisting high schools to become accredited; 27 (4) a description of the resources provided to each school and school 28 district for coordinated school improvement activities and staff training in each school 29 and school district; 30 (5) each school district's and each school's progress in aligning 31 curriculum with state education performance standards;
01 (6) a description of the efforts by the department to assist a public 02 school that receives a designation of deficient or in crisis; 03 (7) a description of intervention efforts by each school district and 04 school for students who are not meeting state performance standards; 05 (8) the number and percentage of turnover in certificated personnel and 06 superintendents; 07 (9) the number of teachers by district and by school who are teaching 08 outside the teacher's area of endorsement but in areas tested by the high school 09 competency examination. 10 * Sec. 5. AS 14.03.120(d) is amended to read: 11 (d) Annually, before the date set by the district under (e) of this section, each 12 public school shall provide, in a public meeting of parents, students, and community 13 members, a report on the school's performance and the performance of the school's 14 students. The report shall be prepared on a form prescribed by the department and 15 must include 16 (1) information on accreditation; 17 (2) results of norm-referenced achievement tests; 18 (3) results of state standards-based assessments in reading, writing, and 19 mathematics; 20 (4) a description, including quantitative and qualitative measures, of 21 student, parent, community, and business involvement in student learning; 22 (5) a description of the school's attendance, retention, dropout, and 23 graduation rates, including the number and percentage of students who received a 24 diploma under a waiver from the competency examination required under 25 AS 14.03.075(a), as specified by the state board; 26 (6) the annual percent of enrollment change, regardless of reason, and 27 the annual percent of enrollment change due to student transfers into and out of the 28 school district; and 29 (7) if Native language education is provided, a summary and 30 evaluation of the curriculum described in AS 14.30.420. 31 * Sec. 6. AS 14.07.165 is amended to read:
01 Sec. 14.07.165. Duties. The board shall adopt 02 (1) statewide goals and require each governing body to adopt written 03 goals that are consistent with local needs; 04 (2) regulations regarding the application for and award of grants under 05 AS 14.03.125; 06 (3) regulations implementing provisions of AS 14.11.014(b); 07 (4) regulations requiring approval by the board before a charter school, 08 state boarding school, or a public school may provide domiciliary services; 09 (5) regulations implementing the secondary school student 10 competency examination provisions of AS 14.03.075, including the criteria and 11 procedure under which a governing body uses a waiver to grant a diploma to a 12 student; criteria regarding granting a waiver must include provisions that a 13 waiver may only be granted for students who enter the system late or have rare 14 or unusual circumstances meriting a waiver and must require that a student 15 satisfy the performance standards developed under AS 14.07.020(b) to the 16 maximum extent possible. 17 * Sec. 7. Section 3, ch. 58, SLA 1997, is amended to read: 18 Sec. 3. Section 1 of this Act takes effect February 1, 2004 [JANUARY 1, 19 2002]. 20 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INTERIM STUDENT COMPETENCY TESTING. (a) Beginning February 1, 2002, 23 and ending January 31, 2004, and as directed by the state Board of Education and Early 24 Development, the governing body of each school district in the state shall give the 25 competency examination described in sec. 1, ch. 58, SLA 1997, at least twice each school 26 year. The results of the examination of a student under this section shall be reflected (1) in 27 that student's transcript in a manner that indicates which sections of the examination were 28 passed; and (2) as endorsements on the student's diploma that reflect the sections of the 29 examination that were passed, as directed by the state Board of Education and Early 30 Development. 31 (b) A student shall be retested at least once during a school year on those portions of
01 the competency examination described in sec. 1, ch. 58, SLA 1997, that the student has not 02 passed. This subsection does not apply to a student who is a child with a disability if the 03 student's individualized education program team recommends that the student not be retested. 04 In this subsection, 05 (1) "child with a disability" has the meaning given "children with disabilities" 06 in AS 14.30.350; 07 (2) "individualized education program team" has the meaning given in 08 AS 14.30.350. 09 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 REQUIRED REPORT. The Department of Education and Early Development shall, 12 by February 15, 2002, report back to the Alaska State Legislature with recommendations for 13 (1) an appeals process for a student who is denied a high school diploma; 14 (2) establishing a process that allows issuance of a high school diploma to a 15 child with a disability based on a portfolio of work, as described under 16 AS 14.03.075(c)(1)(C), enacted in sec. 3 of this Act; and 17 (3) evaluating the process described under (2) of this section. 18 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 REPORT. The Department of Education and Early Development shall, by 21 February 15, 2002, deliver a report to the Alaska State Legislature that describes the proposed 22 criteria and procedure under which a school district could use a waiver to grant a diploma to a 23 student and that recommends statutory changes to the competency examination waiver 24 requirements that the department determines are necessary to maintain the school 25 accountability provisions of AS 14.03.123. 26 * Sec. 11. Section 3 of this Act takes effect on the effective date of sec. 1, ch. 58, SLA 27 1997, as amended by this Act. 28 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect immediately under 29 AS 01.10.070(c).