Legislature(2011 - 2012)CAPITOL 106

02/22/2012 08:00 AM House EDUCATION


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08:02:54 AM Start
08:03:20 AM Presentation: Aleutians East Borough School District
08:30:31 AM HB256
09:58:25 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Superintendent Phil Knight, TELECONFERENCED
Aleutians East Borough School District
+= HB 256 REPEAL STATE INTERVENTION IN SCHOOLS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HB 256-REPEAL STATE INTERVENTION IN SCHOOLS                                                                       
                                                                                                                                
8:30:31 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that the  final order of business  would be                                                               
HOUSE BILL NO. 256, "An  Act repealing provisions relating to the                                                               
power  and  duties  of  the Department  of  Education  and  Early                                                               
Development  to  intervene  in   a  school  district  to  improve                                                               
instructional practices."                                                                                                       
                                                                                                                                
[Chair Dick passed the gavel to Representative Pruitt.]                                                                         
                                                                                                                                
The committee took an at-ease from 8:30 a.m. to 8:33 a.m.                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON moved  the  proposed committee  substitute                                                               
(CS) for HB  256, labeled 27-LS1171\E, Mischel,  2/21/1.  Without                                                               
objection, Version E was before the committee.                                                                                  
                                                                                                                                
8:33:16 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  pointed out that  a similar  bill has been  lodged in                                                               
the Senate  [SB 194], which  further validates the need  for this                                                               
legislation  to  elicit  a change  in  the  current  intervention                                                               
practices.    The  first  element,   of  the  proposed  committee                                                               
substitute  (CS), renames  the  requisite  action to  restoration                                                               
rather than intervention,  which will set a  more harmonious tone                                                               
to begin  the work.   Then the CS  provides for an  evaluation of                                                               
the Department  of Education and  Early Development (EED)  by the                                                               
superintendents   of   the   state   as  a   means   to   promote                                                               
accountability and  allow even the  most remote  school districts                                                               
to  call official  attention  to needs  that  might otherwise  go                                                               
unnoticed.   Also,  the CS  eliminates the  role of  trustee, and                                                               
redefines the  method of appointment  and duties of  the coaches.                                                               
Overall,   the   proposed   language  provides   for   a   clear,                                                               
collaborative, inclusive,  step by step strategy  for improvement                                                               
to occur  over a  period of years,  and provides  the legislation                                                               
which  the  commissioner  and  attorney  general  both  urged  as                                                               
necessary, with the  repeal of SB 285.  The  CS requires that EED                                                               
include   a   district   representative   when   holding   formal                                                               
conversations  regarding intervention  plans; thus  ensuring that                                                               
the opinions of  the local officials are included  in "the loop."                                                               
Another  element   specifically  addresses  districts   that  are                                                               
comprised  of 50  percent or  more Alaska  Native students.   The                                                               
"Alaska  Standards   for  Culturally  Responsible   Schools"  are                                                               
stipulated   as   the   guideline  for   developing   improvement                                                               
strategies  in  these  areas.     He  reviewed  the  history  and                                                               
development,  and  summarized  the  content  of  the  guidelines,                                                               
available in  the committee packet.   The current  research based                                                               
education is based on the studies  of a target audience which did                                                               
not include Alaska Natives, he  opined.  The proposed legislation                                                               
provides for appropriately directed  research to be conducted and                                                               
included in the  educational structure.  Finally,  the CS removes                                                               
EED as the  sole authority for the redirection  of district funds                                                               
and  places the  decision in  the hands  of a  team comprised  of                                                               
school district officials, in collaboration with the department.                                                                
                                                                                                                                
8:40:34 AM                                                                                                                    
                                                                                                                                
ANNETTE KREITZER,  Staff, Representative Alan Dick,  Alaska State                                                               
Legislature, provided  a sectional analysis, paraphrasing  from a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 1- Department annual report:                                                                                       
                                                                                                                                
     Amends the requirements of the Department of Education                                                                     
     & Early Development's annual report:                                                                                       
                                                                                                                                
     Removes the reference to schools having a designation                                                                      
     of "in crisis" since that term is not defined;                                                                             
                                                                                                                                
      Replaces the term "intervention", with restoration -                                                                      
       since that is the goal of efforts to assist local                                                                        
     school districts to improve instructional practices.                                                                       
                                                                                                                                
       Adds a requirement that the Department report the                                                                        
       reasons for turnover in certificated personnel and                                                                       
     superintendents,  not  just   report  the  numbers  and                                                                    
     percentages.                                                                                                               
                                                                                                                                
     Section 2- School and district accountability:                                                                             
                                                                                                                                
     Requires  the Department  to give  technical assistance                                                                    
     to  a public  school or  district that  receives a  low                                                                    
     performance designation.   This is in  recognition that                                                                    
     smaller districts  may not have the  technical capacity                                                                    
     to  devote the  appropriate resources  to developing  a                                                                    
     district improvement plan.                                                                                                 
                                                                                                                                
MS.KREITZER emphasized that the court  [decision of Moore, et al.                                                             
v. State  of Alaska, 3AN-04-9756  CI, (2010)] noted this  area of                                                             
accountability as a specific concern.                                                                                           
                                                                                                                                
8:42:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON referred  to Section  2, and  asked how                                                               
technical assistance is defined.                                                                                                
                                                                                                                                
MS.  KREITZER  responded  that  the  court  summary  may  include                                                               
language  which is  broader  than is  actually  contained in  the                                                               
bill.   The  reference  in  the sectional  analysis  is meant  to                                                               
encompass  the kind  of talent  that  is specific  to creating  a                                                               
school  improvement  plan,  she  explained,  then  continued  the                                                               
presentation,  paraphrasing from  the  prepared statement,  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Section 3:                                                                                                                 
                                                                                                                                
     Adds  a   Department  accountability  section.     This                                                                    
     section  sets  up  a  process  for  superintendents  to                                                                    
     evaluate the Department as to:                                                                                             
                                                                                                                                
     Whether the staff was supportive of the district;                                                                          
                                                                                                                                
     Description of  the support received and  an evaluation                                                                    
     of the support;                                                                                                            
                                                                                                                                
     Quality of the  level of contact the  district had with                                                                    
     the Department;                                                                                                            
                                                                                                                                
     Its reporting requirements; and                                                                                            
                                                                                                                                
     How  the   Department  may  improve  services   to  the                                                                    
     district.                                                                                                                  
                                                                                                                                
     These  evaluations   would  be  summarized   to  lessen                                                                    
     personal  identities  and  provided  to  the  Governor,                                                                    
     Legislature, and Commissioner of Education.                                                                                
                                                                                                                                
MS. KREITZER elaborated on the importance of removing the                                                                       
identities from the evaluation process, allowing for an arms-                                                                   
length  relationship,  as a  means  to  cultivate productive  and                                                               
candid  critiques.     She   then  continued,   the  presentation                                                               
referring  to, paraphrasing  from the  prepared statement,  which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Section 4- Duties of the department:                                                                                       
                                                                                                                                
     Amends  the duties  of the  department to  include more                                                                    
     cooperative  opportunities   for  the   department  and                                                                    
     school districts.                                                                                                          
                                                                                                                                
     Includes opportunity for  school and district personnel                                                                    
     to participate in the Department's  review of the needs                                                                    
     of  Alaska's   public  schools   toward  the   goal  of                                                                    
     improving the schools.                                                                                                     
                                                                                                                                
     In adopting regulations  to implement improvements, the                                                                    
     regulations    must   include    appropriate   cultural                                                                    
     standards  that  must   be  included  in  instructional                                                                    
     practices  in districts  in which  50% or  more of  the                                                                    
     students are Alaska Native.                                                                                                
                                                                                                                                
     The Department must                                                                                                        
                                                                                                                                
     Identify  intensive  learning  opportunities  for  each                                                                    
     district.                                                                                                                  
                                                                                                                                
     Analyze   community   involvement   and   methods   for                                                                    
     improving it.                                                                                                              
                                                                                                                                
     Address  teaching capacity,  retention and  development                                                                    
     and provide for technical assistance to teachers.                                                                          
                                                                                                                                
     Ensure  districts  develop  and maintain  elective  and                                                                    
     career and technical courses.                                                                                              
                                                                                                                                
     Notify  a district  of a  low performance  designation,                                                                    
     offer technical  assistance consisting  of predictable,                                                                    
     research-based  strategies  tailored to  Alaska  before                                                                    
     beginning state restoration activities.                                                                                    
                                                                                                                                
     Describe   research-based    strategies   that   target                                                                    
     educational performance.                                                                                                   
                                                                                                                                
     The  Department has  to employ  qualified personnel  to                                                                    
     provide  advisory/consultative  services to  districts.                                                                    
     However,  these services  must  be  consistent with  AS                                                                    
     14.07.030(14),   which  is   amended   in  this   bill.                                                                    
     Restoration   activities  do   not  include   hiring  a                                                                    
     trustee.                                                                                                                   
                                                                                                                                
     Ensures  that   elective  and  career   and  vocational                                                                    
     courses are included in regulation  as a minimum course                                                                    
     of study.                                                                                                                  
                                                                                                                                
     Removes  the requirement  that  student proficiency  be                                                                    
     tied  solely  to   standards-based  assessments.    The                                                                    
     district  must demonstrate  three consecutive  years of                                                                    
     improvement  or measures  identified  as indicators  of                                                                    
     student success and achievement under AS 14.03.123(f).                                                                     
                                                                                                                                
     (Page 6, beginning at Line 23):                                                                                            
                                                                                                                                
     When  a school  is  designated as  low performing,  the                                                                    
     rest  of Section  4 sets  out  a collaborative,  rather                                                                    
     than  punitive  process  for  the  Department  and  the                                                                    
     district   to   work   together   to   improve   school                                                                    
     performance                                                                                                                
                                                                                                                                
     After being designated a low  performing school for two                                                                    
     years,                                                                                                                     
                                                                                                                                
     The   Superintendent   of    the   District   and   the                                                                    
     Commissioner   shall  select   appropriate  independent                                                                    
     experts  to evaluate  the school  and prepare  a report                                                                    
     for the  Commissioner, the local  school board  and the                                                                    
     Superintendent.     The  report   will  also   be  made                                                                    
     available to  the public through Internet  posting of a                                                                    
     summary.                                                                                                                   
                                                                                                                                
     If a school  is designated a low  performing school for                                                                    
     a  third year,  there  will  be frequent  consultations                                                                    
     between the Department and the  staff at the school and                                                                    
     the Superintendent.                                                                                                        
                                                                                                                                
     A   School  Improvement   Team   will  be   established                                                                    
     consisting  of the  Commissioner or  his designee,  the                                                                    
     district Superintendent, school  improvement coaches, a                                                                    
     member of  the local school  board and a member  of the                                                                    
     legislature.                                                                                                               
                                                                                                                                
     The School  Improvement Team  will evaluate  the school                                                                    
     for  best practices  applicable in  Alaska relating  to                                                                    
     major  areas of  school administration,  governance and                                                                    
     instructional practices.                                                                                                   
                                                                                                                                
     Section 5 - Powers of the Department:                                                                                      
                                                                                                                                
     Specifies  that regulations  adopted by  the Department                                                                    
     related to restoration of a  school or district must be                                                                    
     consistent with federal and state  law and the superior                                                                    
     court's findings,  dated February 4, 2009,  in Moore v.                                                                  
     State of Alaska.  These regulations must provide for:                                                                    
                                                                                                                                
     Qualified employees  to exercise  supervisory authority                                                                    
     for  instructional practices  in the  district or  in a                                                                    
     school.                                                                                                                    
                                                                                                                                
     Training and other support as  necessary to implement a                                                                    
     school or district improvement plan.                                                                                       
                                                                                                                                
     Regular  monitoring,  evaluation  and  modification  of                                                                    
     improvement  efforts  tailored  to  the  strengths  and                                                                    
     weaknesses of the school or district.                                                                                      
                                                                                                                                
     Availability   of   courses   and   remedial   programs                                                                    
     necessary for  students in these schools  to meet state                                                                    
     standards for graduation in the expected time frame.                                                                       
                                                                                                                                
     Section 6 - Powers of the Department:                                                                                      
                                                                                                                                
     Before  the  Department   may  redirect  public  school                                                                    
     funding  for a  low performing  school, the  department                                                                    
     must:                                                                                                                      
                                                                                                                                
     Assemble a  school improvement team and  that team must                                                                    
     have  requested   funding  to   be  redirected   for  a                                                                    
     specified  purpose related  to improving  instructional                                                                    
     practices.                                                                                                                 
                                                                                                                                
     Provide  notice  to  the  legislative  committees  with                                                                    
     jurisdiction over education.                                                                                               
                                                                                                                                
     Provide  notice   to  the   district  and   provide  an                                                                    
     opportunity for the district to respond.                                                                                   
                                                                                                                                
     Establish a  timeline for redirecting the  funding back                                                                    
     to the  district after the team  determines improvement                                                                    
     has occurred.                                                                                                              
                                                                                                                                
     Section 7 - Powers of the Department:                                                                                      
                                                                                                                                
     Adds  language to  codify the  cooperation that  should                                                                    
     exist when  instructional coaches and expert  staff are                                                                    
     brought  in  to  assist   a  low-performing  school  or                                                                    
     district.                                                                                                                  
                                                                                                                                
     Section 8 - State Board of Education Duties:                                                                               
                                                                                                                                
     Requires  the State  Board of  Education to  review the                                                                    
     Department's    compliance     with    its    statutory                                                                    
     responsibilities   related    to   school   monitoring,                                                                    
     improvement and restoration.                                                                                               
                                                                                                                                
     Requires the  Board to  provide the  Superintendent and                                                                    
     local school board  who are the subject of  an item for                                                                    
     consideration  on the  Board's  agenda  to be  provided                                                                    
     notice  that  the   item  is  on  the   agenda  and  an                                                                    
     opportunity to respond.                                                                                                    
                                                                                                                                
8:50:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  referred  to  Section  3,  regarding  the                                                               
requirement   to  have   superintendents  from   other  districts                                                               
involved  in   the  evaluation  process,  and   asked  about  the                                                               
effectiveness,  and applicability  of comments  from someone  who                                                               
may not be familiar with the area under intervention.                                                                           
                                                                                                                                
MS. KREITZER suggested  that it would be similar  to an emergency                                                               
medical debriefing,  as might occur  during an  emergency medical                                                               
team (EMT) response.  Further,  she opined that an outside voice,                                                               
with related  experience, can provide important  situational help                                                               
to assist in moving beyond a sticking point.                                                                                    
                                                                                                                                
8:54:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  interjected  that the  superintendents                                                               
tend to  relate to each  other and inherently  provide mentorship                                                               
support that surpasses district boundaries.                                                                                     
                                                                                                                                
8:55:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  directed attention  to the CS,  Section 1,                                                               
page  2, line  14, and  asked whether  the intent  is to  conduct                                                               
teacher exit interviews.                                                                                                        
                                                                                                                                
CHAIR DICK  responded that paragraph  (8) directs  the department                                                               
to make a best effort survey  for discovery of why teachers leave                                                               
a restoration district.  The  current exit data has been gathered                                                               
informally  and   is  incomplete,   thus,  it   provides  minimal                                                               
information to assist districts with teacher retention.                                                                         
                                                                                                                                
REPRESENTATIVE SEATON pointed  out that the CS  appears to create                                                               
a mandate to have a survey  completed, which would need to become                                                               
an aspect  of the statewide  teacher contractual agreements.   He                                                               
suggested  that  if the  intention  is  to gather  more  thorough                                                               
information via  a superficial effort,  that the  requirement not                                                               
be placed in statute.                                                                                                           
                                                                                                                                
MS. KREITZER  offered that contractual  concerns would  not enter                                                               
into the  requirement, as any  district may choose to  conduct an                                                               
exit survey.   She suggested that every district has  a desire to                                                               
gain a better understanding of  teacher turnover, particularly in                                                               
view  of the  expenses  involved when  hiring replacement  staff.                                                               
Requiring   a  district   to   make   inquiries,  summarize   the                                                               
information, and  report findings  to the department,  should not                                                               
prove burdensome to a district, she opined.                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  agreed;  however,  he said  that  the  CS                                                               
places  the  onus  for  information  gathering  directly  on  the                                                               
department, not the district.                                                                                                   
                                                                                                                                
REPRESENTATIVE P. WILSON stated  her understanding that, although                                                               
the language stipulates  that the department shall  report to the                                                               
legislature, EED  is not  the required source  of the  data, thus                                                               
leaving  the  charge  for  compiling  the  information  open  for                                                               
determination.                                                                                                                  
                                                                                                                                
8:58:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI turned  to the  CS, Section  3, page  2,                                                               
line [29],  to reference  the term  "shall" and  asked what  if a                                                               
district chooses  not to provide a  departmental evaluation; does                                                               
a consequence exist.                                                                                                            
                                                                                                                                
CHAIR  DICK   responded  that   the  intent   is  to   provide  a                                                               
superintendent  the  opportunity  to  evaluate  the  department's                                                               
actions, and agreed that the  language may need amending, as part                                                               
of the committee process.                                                                                                       
                                                                                                                                
9:00:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  inquired  about  the  possibility  of                                                               
adopting the  bill as  a three year  pilot program;  allowing for                                                               
feedback and review.                                                                                                            
                                                                                                                                
CHAIR DICK agreed on the plausibility.                                                                                          
                                                                                                                                
9:02:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT referred to the  analysis of Section 4, and                                                               
paraphrased  the   language  which  read   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
        There will be frequent consultations between the                                                                        
         Department and the staff at the school and the                                                                         
     Superintendent.                                                                                                            
                                                                                                                                
REPRESENTATIVE PRUITT noted that concerns  have arisen due to the                                                               
current  intervention scheme,  and asked  what differentiates  HB
256.                                                                                                                            
                                                                                                                                
CHAIR DICK explained  that the intent is  to ensure collaboration                                                               
in  choosing  the  coaches,  as well  as  throughout  the  entire                                                               
process.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  PRUITT agreed  that intervention  is a  sensitive                                                               
issue and  a hostile  environment needs  to be  avoided; however,                                                               
the department needs to keep  districts on track to meet specific                                                               
goals and appropriate expertise must be made available.                                                                         
                                                                                                                                
CHAIR  DICK  referred  to the  committee  packet  handout  titled                                                               
"Sequence   of  Assistance,"   which   delineates   the  HB   256                                                               
intervention stratagem.   He suggested  hearing from  the invited                                                               
witnesses to  gain a  better understanding  of what  is occurring                                                               
and what is being proposed.                                                                                                     
                                                                                                                                
9:06:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON stated support  for the efforts  of the                                                               
current  commissioner, and  asked  to have  his  comments put  on                                                               
record.                                                                                                                         
                                                                                                                                
9:07:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT passed the gavel back to Chair Dick.                                                                      
                                                                                                                                
DR. NORMAN  ECK, Superintendent, Arctic Northwest  Borough School                                                               
District, testified  in support  of HB  256, paraphrasing  from a                                                               
prepared statement,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     I  am  Dr.  Norman  Eck,  superintendent  of  Northwest                                                                    
     Arctic Borough School District.   We have 1950 students                                                                    
     in 12 schools in our  11 villages. None of our villages                                                                    
     are accessible  by roads  and all  supplies have  to be                                                                    
     flown in.   I  have been  employed in  Northwest Arctic                                                                    
     for 14  years, one  year as  a Director,  5 ½  years as                                                                    
     principal,   and  now   I  am   in  my   7th  year   as                                                                    
     superintendent.                                                                                                            
                                                                                                                                
     I appreciate this opportunity to  speak with you today.                                                                    
     I support  changes in  language in  School Intervention                                                                    
     law.   We  need  to be  sure we  have  as an  objective                                                                    
     Intervention process as possible.   We need to focus on                                                                    
     what  things are  needed based  upon  the local  school                                                                    
     situation  and  listen  to  local  voices  as  well  as                                                                    
     provide  guidance   and  support  to   the  educational                                                                    
     programs in place.                                                                                                         
                                                                                                                                
     It does little good to  go back and complain about past                                                                    
     problems   or  grievances   with   the  Department   of                                                                    
     Education  over  how  we were  treated  when  Northwest                                                                    
     Arctic  was  under   Intervention  by  the  department.                                                                    
     However, now that we are  working to craft a better and                                                                    
     improved  process and  model  for  Intervention, it  is                                                                    
     valuable to look  at past mistakes, mistakes  of my own                                                                    
     district and  mistakes of the Department  of Education,                                                                    
     in order to  put in place an  Intervention process that                                                                    
     will  be   a  positive   model  for   students,  staff,                                                                    
     community and  school.   Working together,  and placing                                                                    
     the needs of students above all else, we can do this.                                                                      
                                                                                                                                
     First,   we  must   have  an   objective  process   for                                                                    
     Intervention  within  a school.    To  place an  entire                                                                    
     district under  Intervention may  not be what  needs to                                                                    
     be done.   For example, Northwest Arctic,  as an entire                                                                    
     district was placed under Intervention  on account of 3                                                                    
     schools with  poor academic  achievement, but  a number                                                                    
     of  our schools  were doing  very well.   Additionally,                                                                    
     when  Northwest Arctic  was placed  under Intervention,                                                                    
     two other  districts were  also placed  in Intervention                                                                    
     at the  same time,  Yupiit and  Lower Yukon.   However,                                                                    
     there were  7 other districts with  student achievement                                                                    
     scores   lower  than   Northwest   Arctic,  but   those                                                                    
     districts  were  not  placed  under  Intervention.  The                                                                    
     placement  of Northwest  Arctic seemed  to me  to be  a                                                                    
     political   placement   rather    than   an   objective                                                                    
     placement.                                                                                                                 
                                                                                                                                
     Second, programs  that are considered  "best practices"                                                                    
     in general  by educators on  a State or  National level                                                                    
     may not  be strategies  that work well  in some  of our                                                                    
     isolated rural villages.  We  need to look at the local                                                                    
     situation  and evaluate  what can  work  best here  and                                                                    
     then look  at choices and  see what the  local capacity                                                                    
     is  for  program change.    In  the case  of  Northwest                                                                    
     Arctic  the Department  of Education  dictated specific                                                                    
     "best   practices"  and   had  given   instructions  to                                                                    
     observers  and  consultants  to  come  and  do  certain                                                                    
     things  that were  in conflict  with what  is the  best                                                                    
     program  or  action  to  take  locally.  Much  of  this                                                                    
     failed.                                                                                                                    
                                                                                                                                
     Third, the current  instructional improvement plan that                                                                    
     the local  district or school  may have in  place needs                                                                    
     to be  looked at  and worked with  before it  is thrown                                                                    
     out or over-written  by a new plan that  is dictated by                                                                    
     the  Department  of  Education.    In  our  case,  when                                                                    
     Intervention was  put upon Northwest Arctic  we already                                                                    
     had  an  excellent  improvement  plan  in  place.    We                                                                    
     already  had  contracted  with certain  consultants  to                                                                    
     help us  in a constructive  manner.  We were  forced to                                                                    
     use  the  Department  of  Education's  plan,  and  then                                                                    
     overlay that  plan and  the Departments  consultants in                                                                    
     our schools.                                                                                                               
                                                                                                                                
     Fourth, the  Department of Education, alone,  lacks the                                                                    
     depth  of  knowledge  and   expertise  to  conduct  the                                                                    
     Intervention  process.   Even today,  the situation  in                                                                    
     the Yupiit District  is one of conflict  with the local                                                                    
     district instead  of working in concert  and supportive                                                                    
     of the  District and its administration.   For example,                                                                    
     expertise from  other Districts in  the State can  be a                                                                    
     most valuable resource for advice  to a fellow District                                                                    
     in  need.   School  Board  members  from other  similar                                                                    
     Districts can  be a resource  and support to  the local                                                                    
     District   Board  members   in  need.     Surveys   and                                                                    
     inventories  of   processes  and  programs   should  be                                                                    
     undertaken. Other Districts  with similar professionals                                                                    
     can  be a  most valuable  resource to  the Intervention                                                                    
     School and the Department of Education in these cases.                                                                     
                                                                                                                                
     These  are  good  reasons to  be  concerned  about  the                                                                    
     Intervention  process and  how  it has  worked and  not                                                                    
     worked,  well.   In the  case of  Northwest Arctic,  we                                                                    
     were   fortunate  to   be   able   to  establish   good                                                                    
     relationships  with the  head  consultants assigned  to                                                                    
     our District,  John Holst and Richard  Hebhardt, over a                                                                    
     period of 4 years.  We  learned from them and they each                                                                    
     learned  from  us  as we  worked  together  to  improve                                                                    
     services to students.                                                                                                      
                                                                                                                                
     Finally, I want to  commend the Department of Education                                                                    
     for  releasing Northwest  Arctic  from Intervention  in                                                                    
     August of 2010.   In August of  2011, Yukon-Koyukuk was                                                                    
     released from  Intervention.   A national  statistic is                                                                    
     that  only  5%  of   districts  that  have  gone  under                                                                    
     Intervention have been released from Intervention.                                                                         
                                                                                                                                
     I want to  commend the Department of  Education and the                                                                    
     Governor for  the settlement  in the  Moore Case.   The                                                                    
     process  for  providing   targeted  assistance  to  low                                                                    
     performing  schools as  lined out  in Moore  Settlement                                                                    
     can be very  instructive to us.  The  solutions are not                                                                    
     dictated or directed by any  one party, but by a coming                                                                    
     together  of parties,  listening  to the  needs of  the                                                                    
     local school,  and providing help that  is requested by                                                                    
     the  Intervention School  in the  categories authorized                                                                    
     in  the   agreement.    In   this  way,  much   can  be                                                                    
     accomplished.                                                                                                              
                                                                                                                                
     Finally, for successful Intervention  (or a better term                                                                    
     is school  improvement), a  process of  assistance must                                                                    
     be  detailed   that  will  provide  supports   for  the                                                                    
     students,  teachers,  administrators, communities,  and                                                                    
     school  board.    Districts  that  need  help  must  be                                                                    
     afforded a  process of Intervention that  truly assists                                                                    
     the  schools   to  enable  improved   student  academic                                                                    
     performance  through targeted  assistance  in terms  of                                                                    
     personnel, policy, and finance for specific programs.                                                                      
                                                                                                                                
9:16:21 AM                                                                                                                    
                                                                                                                                
DOUG   CONBOY,  Superintendent,   Kashunamiut  School   District,                                                               
provided historic testimony, to  review the intervention process,                                                               
paraphrasing  from a  prepared statement,  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     I began my tenure as Supt  of Schools in Chevak in July                                                                    
     of 2009.   I knew early on of  several important issues                                                                    
     that were going to need  to be addressed. For starters,                                                                    
     the Curriculum  was in disarray, the  leadership of the                                                                    
     district had  undergone significant  change with  a new                                                                    
     Principal  and Superintendent  and  there were  several                                                                    
     folks on the teaching staff new to Chevak.                                                                                 
                                                                                                                                
     We had started the clean-up  of the curriculum in April                                                                    
     of 2009  shortly after I  had accepted the  position of                                                                    
     Superintendent  by looking  for a  reading program,  we                                                                    
     wanted this  program to be  literacy based,  and scoped                                                                    
     and sequenced  for grades  K-8.  We  found that  in the                                                                    
     Treasures reading program.  We  also made sure that KSD                                                                    
     had a  team in the  state sponsored  Curriculum Mapping                                                                    
     Institute  workshops scheduled  for the  fall of  2009.                                                                    
     My second effort was to  work at improving the learning                                                                    
     environment;  to that  end we  contracted with  PEAK to                                                                    
     train  our  staff in  best  practice  for teaching  and                                                                    
     learning.                                                                                                                  
                                                                                                                                
     In September of  2009 I was contacted by  DEED and told                                                                    
     that some DEED  people would be coming to  Chevak for a                                                                    
     visit.  I asked what the  nature of this visit would be                                                                    
     and was told  it would be purely  supportive in nature.                                                                    
     That visit  took place over  a two or three  day period                                                                    
     shortly  thereafter.   In meetings  with DEED  staff we                                                                    
     were asked  what we  saw as  problems in  our district,                                                                    
     and  also  what  we  planned to  do  to  address  those                                                                    
     problems.                                                                                                                  
                                                                                                                                
     After laying  out what  we had  identified as  our most                                                                    
     pressing issues and showing the  DEED staff what we had                                                                    
     planned to address  them, we were praised  for what had                                                                    
     been done and for the  direction we were taking to make                                                                    
     improvements.   DEED staff asked  that we  document our                                                                    
     efforts  and record  progress.   KSD staff  was already                                                                    
     doing that  and we  continued to  monitor what  we were                                                                    
     doing  noting  problems  and the  adjustments  we  were                                                                    
     making along  the way toward  the goal  of implementing                                                                    
     our plan.   This kind of re-tooling of  the delivery of                                                                    
     education services takes time and  our plan was to work                                                                    
     on  this over  a much  longer period  of time  than one                                                                    
     school year.                                                                                                               
                                                                                                                                
     This was communicated to the  DEED staff with favorable                                                                    
     reactions from them.                                                                                                       
                                                                                                                                
     Later that  same school year,  a group charged  by DEED                                                                    
     to  conduct  an  Instructional Audit  of  our  district                                                                    
     contacted me.   After asking several  questions of this                                                                    
     audit  group  I was  told  that  the  audit came  as  a                                                                    
     mandate  from DEED  and that  it would  occur in  early                                                                    
     March.  We  were then presented with a  lengthy list of                                                                    
     materials  and items  that the  auditors would  want to                                                                    
     see when  they came as  well as  a list of  people they                                                                    
     would  want  to  interview  as part  of  their  job  in                                                                    
     Chevak.                                                                                                                    
                                                                                                                                
     These   Auditors  referred   to   their   work  as   an                                                                    
     "investigation",  I took  exception to  this and  asked                                                                    
     them if  we had  done something wrong  or had  broken a                                                                    
     law?   At that point they  said no and tried  to assure                                                                    
     me  that what  they  would  be doing  was  not to  find                                                                    
     wrongdoing but to  help us.  We  took considerable care                                                                    
     in preparing  a portfolio  for them containing  all the                                                                    
     information they  had requested  and a schedule  of the                                                                    
     people they  wished to interview with  dates and times.                                                                    
     After receiving the portfolio  the auditors called back                                                                    
     to  tell us  that they  wanted to  change the  schedule                                                                    
     around.    They  were  told  that  there  would  be  no                                                                    
     schedule changes.   The auditors were  being allowed to                                                                    
     disrupt our  daily schedule already  and that  level of                                                                    
     disruption  was not  going to  increase.   We  provided                                                                    
     them  everything they  had asked  for in  our portfolio                                                                    
     and we would adhere to the schedule in it.                                                                                 
                                                                                                                                
     The  audit was  conducted  over a  three-day period  in                                                                    
     March of  2010.   Several weeks  later we  received the                                                                    
     report from  the audit.   In that report, we  were told                                                                    
     things   we   already   knew,  curriculum   was   weak,                                                                    
     assessment also  weak, leadership not  strong, learning                                                                    
     climate quite  good, etc.,  etc.   All of  these things                                                                    
     were the  same as we  had discussed and gone  over with                                                                    
     DEED staff back  in September.  However  the report was                                                                    
     written  in such  a way  as to  indicate that  this was                                                                    
     news  to us.   In  late April  or Early  May of  2010 I                                                                    
     received a  call from  DEED in  response to  this audit                                                                    
     report.  The  purpose of the call was to  offer me some                                                                    
     "quick  fixes".   At  that point  I  lost patience  and                                                                    
     strongly disputed the concept of  a "quick fix".  First                                                                    
     there is  no such thing  as a quick fix  for education,                                                                    
     second  if  there were  quick  fixes,  why wasn't  DEED                                                                    
     telling schools about them before  they got in trouble?                                                                    
     In essence this call was made  to tell me to do what we                                                                    
     were  already  doing  about problems  we  already  knew                                                                    
     about.    Again  I  got the  impression  that  we  were                                                                    
     regarded as too stupid to  know what the problems were,                                                                    
     and also too stupid to know what to do about them.                                                                         
                                                                                                                                
     My questions:                                                                                                              
                                                                                                                                
     How much  money did it cost  to send the DEED  staff to                                                                    
     Chevak in September?                                                                                                       
                                                                                                                                
     How  much more  money  did  it cost  to  first pay  the                                                                    
     auditors  and  then  bring  them to  Chevak,  to  do  a                                                                    
     totally redundant report?                                                                                                  
                                                                                                                                
     What  happened  after  the visit  from  DEED  staff  in                                                                    
     September to  demand this  audit? From  my perspective,                                                                    
     it had  to be that  we were not  trusted to do  what we                                                                    
     said  we were  going to  do about  the problems  we had                                                                    
     identified.                                                                                                                
                                                                                                                                
     What sense does it make  to expend this amount of funds                                                                    
     and time to  tell schools things they  already know and                                                                    
     then order  them to do  things they are  already doing?                                                                    
     Is this a reasonable use of state money?                                                                                   
                                                                                                                                
     Given  what  seems  to  be a  scarcity  of  funding  at                                                                    
     present, I cannot help but  think that this expenditure                                                                    
     should have been avoided due its total redundancy.                                                                         
                                                                                                                                
     The  individuals  involved  here were  doing  what  was                                                                    
     asked  of them.    As  such, I  have  no hard  feelings                                                                    
     toward any  of the  people mentioned here.   I  do take                                                                    
     exception to a  course of action that  is redundant and                                                                    
     wasteful of both time and funds.                                                                                           
                                                                                                                                
9:23:18 AM                                                                                                                    
                                                                                                                                
JERRY  COVEY,   Education  Consultant,  Former   Commissioner  of                                                               
Education, said it is important  that EED be allowed to intervene                                                               
in  districts   that  are   consistently  below   standards,  and                                                               
expressed  concern for  how intervention  occurs.   He  addressed                                                               
Representative  Pruitt's inquiry  regarding the  collaboration of                                                               
superintendents  from  other  districts,   and  said  that  local                                                               
decision  making may  not  be the  best approach.    It is  often                                                               
helpful  to have  an outside  perspective, which  might offer  an                                                               
objective  and validating  opinion.   Intervention by  nature may                                                               
initially put people  at odds, he said, and not  everyone has the                                                               
same capacity,  understanding, and  motivation to  effect change.                                                               
He stressed the need to objectify  key points of the process.  He                                                               
agreed  with Representative  P.  Wilson that  the  bill could  be                                                               
launched as  a pilot  program and reviewed  on a  timeline basis.                                                               
He  said  the  trick  lies  in the  deployment  and  delivery  of                                                               
services that  are supportive, influential, and  respectful.  The                                                               
challenges are  immense, particularly considering  the geographic                                                               
and winter  conditions in the  state.  A collaborative  effort on                                                               
the  frontend is  imperative and  would represent  an appropriate                                                               
response, he opined.                                                                                                            
                                                                                                                                
9:29:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON offered that  the initial contact can be                                                               
uncomfortable  in a  village setting,  and the  beginning of  the                                                               
collaborative   process  may   be   difficult;  however   through                                                               
perseverance improvement will become apparent, she predicted.                                                                   
                                                                                                                                
MR.  COVEY said  that  collaboration  requires time,  commitment,                                                               
respect and an  appreciation for a variety of  viewpoints.  Given                                                               
positive intent  there is  a possibility to  move forward  and he                                                               
said the  bill will provide a  structure to support that  type of                                                               
work.                                                                                                                           
                                                                                                                                
9:32:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI noted that  the testimony has indicated a                                                               
lack  of  collaboration, during  the  recent  interventions.   He                                                               
asked for comment from the  commissioner's office to describe the                                                               
experience from the department's perspective.                                                                                   
                                                                                                                                
MR.  COVEY  stated  support  for  the means  by  which  the  bill                                                               
outlines  intervention.    He  offered a  description  of  how  a                                                               
collaborative  process  would  take   place,  beginning  with  an                                                               
agreement of the  facts, followed by commitment to  a plan, which                                                               
may  include  delivery of  services,  and  the implementation  of                                                               
agreed upon strategies.                                                                                                         
                                                                                                                                
CHAIR DICK added that accountability standards are a key aspect.                                                                
                                                                                                                                
REPRESENTATIVE  KAWASAKI  opined  that  some  language  could  be                                                               
considered subjective, and cited Section  1, page 2, line 14, and                                                               
Section  3,  page 2,  line  31.    Further,  he asked  about  the                                                               
anonymity factor  that has  been raised,  and whether  that would                                                               
cultivate transparency in the process.                                                                                          
                                                                                                                                
MR. COVEY said  that a standardized format could  be generated to                                                               
gather and  report data regarding  why teachers  leave districts;                                                               
without data nothing  can be reported.  Further, he  said it is a                                                               
common  practice  for  organizations  to  self-evaluate,  and  an                                                               
objective approach  could be  devised to  collect valid  data for                                                               
improvement purposes.                                                                                                           
                                                                                                                                
9:38:40 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  interjected to  provide an example  of how  a current                                                               
REAA   superintendent  has   been   confounded  by   departmental                                                               
priorities regarding school maintenance  funding.  In the example                                                               
the superintendent understood that his  district was number 25 in                                                               
the  order   to  receive  funding;  however,   distribution  only                                                               
extended   to  the   first  20   schools  on   the  list.     The                                                               
superintendent then  assumed that  the following year,  his would                                                               
be ranked  as the  fifth for funding,  but instead  became number                                                               
53, which has  resulted in confusion and frustration  on the part                                                               
of the  REAA.   Although accountability for  this type  of action                                                               
should be  forthcoming, a response has  yet to be offered  by the                                                               
department.   The department should  be held answerable  to these                                                               
types of reasonable questions, he opined.                                                                                       
                                                                                                                                
9:39:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  suggested  that  codifying  collaboration                                                               
requirements  is  not  easy,  and  asked  whether  it's  entirely                                                               
necessary.                                                                                                                      
                                                                                                                                
MR. COVEY expressed his belief  that although it is not plausible                                                               
to  legislate  collaboration,  an   appropriate  process  can  be                                                               
established.   The department sought  and received  the authority                                                               
to  intervene,  as  was  necessary under  NCLB  directives.    He                                                               
suggested that the  process could have been  better crafted, with                                                               
additional   considerations  given,   prior  to   inception,  and                                                               
modifications  that have  occurred  have  not been  satisfactory.                                                               
The  proposed  bill provides  a  formalized,  objective means  to                                                               
accomplish  the task  in  a more  thoughtful  manner, he  opined,                                                               
stating that it is a step in the right direction.                                                                               
                                                                                                                                
9:43:46 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK referred  to the  "Sequence of  Assistance" committee                                                               
handout, and  reviewed the three  year approach.   He paraphrased                                                               
from the document, which read [original punctuation provided]:                                                                  
                                                                                                                                
     Year 1                                                                                                                     
     By  Sept 15,  the district  needing assistance  will be                                                                    
     evaluated  by independent  recognized expert(s)  in the                                                                    
     areas  that  may  include:   business  services,  board                                                                    
     governance,  leadership, maintenance,  human relations,                                                                    
     instruction  and the  degree  of community  interaction                                                                    
     with the school and  preparedness of students to learn.                                                                    
     By Oct 15,  the report will be made available.   By Nov                                                                    
     15, the superintendent and DEED  will choose a coach to                                                                  
     address  the   needs  identified  by   the  independent                                                                    
     expert(s).                                                                                                                 
                                                                                                                                
CHAIR  DICK  said  that  in the  first  step  responsibility  for                                                               
improvement is  identified, and includes  the parents as  well as                                                               
elements  of  each component  to  be  considered.   He  continued                                                               
paraphrasing from the document,  which read [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Year 2                                                                                                                     
     The   superintendent  will   choose  a   second  coach.                                                                  
     Agreement  with DEED  is not  necessary.   The existing                                                                    
     plan  will remain  in place.   Resources,  like content                                                                    
     and technical  coaches as well as  teacher mentors, may                                                                    
     be made available.                                                                                                         
                                                                                                                                
CHAIR  DICK elaborated  that the  superintendent  is allowed  the                                                               
latitude to choose a second  coach, not in collaboration with the                                                               
department, in  order to  work closely on  specific aspects.   He                                                               
continued paraphrasing  from the  document, which  read [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Year 3                                                                                                                     
     A team  will be formed  that will evaluate  the results                                                                  
     of the original restoration plan  (RP1).  The Team will                                                                  
     develop a three year restoration plan (RP2).                                                                               
                                                                                                                                
     The school  board will be part  of the Team.   The Team                                                                  
     will include:  1)  DEED; 2) Superintendent; 3) Coaches;                                                                    
     4) School Board; and 5) Member of Legislature.                                                                             
                                                                                                                                
CHAIR  DICK  said  a  member  from the  legislature  will  be  an                                                               
important  team   member,  due   to  the   educational  oversight                                                               
responsibility held  by the  state.  He  conjectured that  if the                                                               
Yupiit  representative   had  initially  been  involved   in  the                                                               
intervention within  his district, the process  may have unfolded                                                               
differently.  He continued paraphrasing  from the document, which                                                               
read [original punctuation provided]:                                                                                           
                                                                                                                                
     The Team will develop a three  year plan (RP2).  A copy                                                                  
     will  be sent  to the  parents, DEED,  and Legislature.                                                                    
     The  information  will also  be  posted  on the  school                                                                    
     website.    The  team will  additionally  consider  all                                                                    
     aspects  of local  education, technology,  maintenance,                                                                    
     admin, etc.                                                                                                                
                                                                                                                                
9:46:49 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK explained  that a  certain  amount of  superintendent                                                               
turnover  is  experienced and  local  politics  are an  important                                                               
aspect to  be considered.   An  outside voice  can be  helpful in                                                               
handling  some  situations,  particularly in  a  small  community                                                               
where personalities  are well known,  and he provided  an example                                                               
to  clarify  the point.    The  superintendent  is likely  to  be                                                               
entirely immersed  in the local  environment, which  would hamper                                                               
certain actions on  his/her part.  Further, parents  also need to                                                               
be  held  accountable  and  the   coaches  from  outside  of  the                                                               
community may  be in  the best position  to approach,  rally, and                                                               
solicit participation from family members.                                                                                      
                                                                                                                                
9:49:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT   expressed  concern,  stating   that  the                                                               
involvement  by  the  department  appears  to  be  minimal.    He                                                               
indicated that  if a lawsuit were  filed, EED would be  the named                                                               
defendant, and  suggested that it  would be important  to include                                                               
more involvement on the part of the department.                                                                                 
                                                                                                                                
MR.  COVEY agreed  that equality  of  voices is  important and  a                                                               
balance needs to  be found among participants.   He then referred                                                               
to Chair Dick's  comments regarding the need  for assistance from                                                               
outside  experts,  to   stress  that  this  is   a  valid  point.                                                               
Additionally, he  said that conducting  a broad base  analysis of                                                               
the   situation  is   necessary  to   consider  the   variety  of                                                               
contributing  factors,  and  should  include  system  reviews  of                                                               
elements such  as teacher  housing, instructional  leadership and                                                               
support  within   the  district,  school  board   decisions,  and                                                               
facility maintenance.                                                                                                           
                                                                                                                                
9:53:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON questioned the three-year time frame.                                                                  
                                                                                                                                
CHAIR DICK pointed out that NCLB  is a five-year process:  Year 1                                                               
notification  is  given to  the  district,  Year 2  students  are                                                               
allowed the opportunity  to relocate to another  school, which is                                                               
not  applicable in  the  majority of  Alaskan  districts, Year  3                                                               
students  can  request/receive  free  tutoring  provided  by  the                                                               
district, Year 4 restructuring occurs,  and Year 5 radical action                                                               
occurs.  The approach proposed  in HB 256 consolidates the effort                                                               
into  a concise  plan:    Year 1  the  problem  is perceived  and                                                               
coaches and  other help are  provided, Year 2 additional  help is                                                               
sought, and Year 3 a firm three-year plan is developed.                                                                         
                                                                                                                                
MR.  COVEY   added  that   the  bill   addresses  the   need  for                                                               
collaboration at the  district level.  Flexibility  exists in the                                                               
plan,  which  allows a  district  to  enter  the process  at  the                                                               
applicable stage,  and may not  require three years  to complete.                                                               
Finally, he  stated support for  HB 256  and said it  presents an                                                               
opportunity for better services to be provided.                                                                                 
                                                                                                                                
9:57:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON said  that a  single district  may have                                                               
several  schools  with perhaps  only  one  not meeting  AYP,  and                                                               
suggested the need for this scenario to be considered.                                                                          
                                                                                                                                
[HB 256 was held over.]                                                                                                         

Document Name Date/Time Subjects
CS HB 256 Intervention 21012.pdf HEDC 2/22/2012 8:00:00 AM
HB 256
CS HB 256 Intervention Sponsor Statement 022112.docx HEDC 2/22/2012 8:00:00 AM
HB 256
CS HB 256 Version E 022112.pdf HEDC 2/22/2012 8:00:00 AM
HB 256
HB 256 Supporting Testimony Dr. Eck 022212.pdf HEDC 2/22/2012 8:00:00 AM
HB 256