Legislature(2015 - 2016)CAPITOL 106

04/10/2015 08:00 AM House EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 102 RESIDENTIAL PSYCH CTR; EDUC. STDRS/FUNDS TELECONFERENCED
Heard & Held
<Bill Hearing Rescheduled from 4/8/15>
+= HB 156 SCHOOL ACCOUNTABILITY MEASURES; FED. LAW TELECONFERENCED
Scheduled but Not Heard
*+ HB 82 INTERNET SERVICES FUNDING FOR SCHOOLS TELECONFERENCED
Moved CSHB 82(EDC) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 85 STUDENT DATA & ASSESSMENTS TELECONFERENCED
Heard & Held
               HB  85-STUDENT DATA & ASSESSMENTS                                                                            
                                                                                                                                
9:43:49 AM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
HOUSE  BILL  NO. 85,  "An  Act  relating  to college  and  career                                                               
readiness  assessments for  secondary students;  and relating  to                                                               
restrictions on the collection,  storage, and handling of student                                                               
data."                                                                                                                          
                                                                                                                                
9:44:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO  moved to  adopt  CSHB  85, labeled  29-                                                               
LS0301\F  as the  working  document.   There  being no  objection                                                               
Version F was before the committee.                                                                                             
                                                                                                                                
9:44:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LORA  REINBOLD, Alaska State  Legislature, advised                                                               
that Legislative Legal and Research,  while working on Version P,                                                               
Sec  7, page  7, unintentionally  included "criminal  records and                                                               
delinquent  records," which  has been  deleted in  Version F  and                                                               
people have access to delinquent and criminal records.                                                                          
                                                                                                                                
9:45:34 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:45 to 9:48 a.m.                                                                            
                                                                                                                                
9:48:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   REINBOLD  repeated   the  technical   change  by                                                               
Legislative Legal and Research Services.                                                                                        
                                                                                                                                
9:48:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to adopt Amendment 1, labeled 29-                                                                   
LS0301\F.1, which read:                                                                                                         
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "and career readiness"                                                                                       
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert new bill sections to read:                                                                                          
        "* Section 1. AS 14.03.075(a) is amended to read:                                                                   
          (a) A school may not issue a secondary school                                                                         
     diploma  to  a  student  unless  the  student  takes  a                                                                    
     [COLLEGE AND]  career readiness assessment  or receives                                                                    
     a waiver from the governing body.                                                                                          
        * Sec. 2. AS 14.03.075(c) is amended to read:                                                                         
          (c) The department shall provide funding for the                                                                      
     fee  for a  single  administration of  a [COLLEGE  AND]                                                                    
     career readiness assessment  for each secondary student                                                                    
     within two years of the student's expected graduation.                                                                     
        * Sec. 3. AS 14.03.075(e)(1) is amended to read:                                                                      
               (1)    "[COLLEGE   AND]    career   readiness                                                                    
     assessment"   means  the   [SAT,   ACT,  OR]   WorkKeys                                                                    
     assessment;"                                                                                                               
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 4"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 6, line 7, through page 7, line 28:                                                                                   
          Delete all material and insert:                                                                                       
        "* Sec. 10. AS 14.07.165 is amended to read:                                                                        
          Sec. 14.07.165. Duties. (a) The board shall adopt                                                                   
               (1)  statewide goals and require each                                                                            
     governing  body   to  adopt  written  goals   that  are                                                                    
     consistent with local needs;                                                                                               
               (2)  regulations regarding the application                                                                       
     for and award of grants under AS 14.03.125;                                                                                
               (3)  regulations implementing provisions of                                                                      
     AS 14.11.014(b);                                                                                                           
               (4)  regulations requiring approval by the                                                                       
     board before  a charter school, state  boarding school,                                                                    
     or a public school may provide domiciliary services;                                                                       
               (5)   regulations  implementing the  [COLLEGE                                                                    
     AND]   career   readiness  assessment   provisions   of                                                                    
     AS 14.03.075, providing for the  needs of a student who                                                                    
     is  a child  with a  disability, and  setting standards                                                                    
     for a  waiver under  AS 14.03.075; the  regulations may                                                                    
     address  the   conditions,  criteria,   procedure,  and                                                                    
     scheduling of the assessment;                                                                                          
               (6)  policies  and procedures consistent with                                                                
     relevant state and federal privacy laws that                                                                           
               (A)  limit access  to individual and redacted                                                                
     student data to                                                                                                        
               (i)   persons who  require access  to perform                                                                
     duties assigned  by the department, a  school district,                                                                
     or the administrator of a public school;                                                                               
               (ii)  the  student who is the  subject of the                                                                
     data  and  the  student's  parent,  foster  parent,  or                                                                
     guardian;                                                                                                              
               (iii)   authorized  agencies  as provided  in                                                                
     state or federal law or by an interagency agreement;                                                                   
               (B)   restrict  student data  transfer except                                                                
     as necessary to                                                                                                        
               (i)  fulfill student requests;                                                                               
               (ii)  carry out  a school transfer or student                                                                
     location request; or                                                                                                   
               (iii)  compare multistate assessment data;                                                                   
               (C)     prohibit  collecting   and  reporting                                                                
     student data pertaining to                                                                                             
               (i)   medical and health records  without the                                                                
     written  consent   of  the  student's   parent,  foster                                                                
     parent, or guardian or of a  student who is 18 years of                                                                
     age or older or is emancipated under AS 09.55.590;                                                                     
               (ii)  biometric information;                                                                                 
               (iii)  political or religious affiliation;                                                                   
               (iv)  items in a student's home;                                                                             
               (D)   provide  for a  detailed data  security                                                                
     plan for  collecting, maintaining, and  sharing student                                                                
     data that addresses                                                                                                    
               (i)  privacy;                                                                                                
               (ii)  authentication;                                                                                        
               (iii)  breaches in security;                                                                                 
               (iv)  training;                                                                                              
               (v)  encryption; and                                                                                         
               (vi)   other  data retention  and disposition                                                                
     practices;                                                                                                             
               (E)   prohibit the  sharing of  student data,                                                                
     including   electronic   mail   addresses   and   other                                                                
      electronically stored information, for a commercial                                                                   
     purpose, including marketing or advertising purposes;                                                                  
               (F)  provide for other security measures.                                                                    
          (b)  In this section,                                                                                                 
               (1)  "child with a disability" has the                                                                       
     meaning given in AS 14.30.350;                                                                                             
               (2)  "student data" has the meaning given in                                                                 
     AS 14.03.200."                                                                                                         
                                                                                                                                
     Page 7, line 29:                                                                                                           
          Delete       "AS 14.03.075(a),       14.03.075(b),                                                                    
     14.03.075(c), 14.03.075(e)(1), and 14.03.078(a) are"                                                                       
          Insert "AS 14.03.078(a) is"                                                                                           
                                                                                                                                
CHAIR KELLER objected for discussion.                                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON explained  that  the  WorkKeys exam  being                                                               
administered to the 11th grade  students provides a comparison of                                                               
student performance  across the  state and  within a  school, and                                                               
last year  House Bill  278 changed the  requirement.   He advised                                                               
that this amendment takes that exemption  out of the bill and the                                                               
state would  require WorkKeys of  all students across  the state,                                                               
and it  removes the  SAT or  ACT option.   He commented  that the                                                               
sponsor  drafted  the   amendment  subsequent  to  Representative                                                               
Seaton's concerns expressed during the last meeting.                                                                            
                                                                                                                                
9:50:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD advised that  House Bill 278 required the                                                               
WorkKeys, SAT,  and ACT,  and Version F  does not  require those.                                                               
She explained  that this amendment requires  WorkKeys, and within                                                               
Version  F, students  can  take  WorkKeys but  the  state is  not                                                               
required to pay for it, and students  can also take it at a state                                                               
job center.   She  stated the amendment  was prepared  based upon                                                               
Representative Seaton's concerns.                                                                                               
                                                                                                                                
REPRESENTATIVE  SEATON reminded  the committee  that for  several                                                               
years  the state  required that  WorkKeys  be taken  in the  11th                                                               
grade and  allowed it  to be upgraded  during a  student's senior                                                               
year, until House  Bill 278 wherein comparisons  of districts and                                                               
schools across  the state couldn't  be compared.  The  purpose of                                                               
WorkKeys,  he  advised,  is  to  provide  a  comparison,  and  an                                                               
incentive for  students to be  career ready as their  skill level                                                               
scores  were provided  on student  transcripts and  available for                                                               
employers.  Thereby, he pointed  out, students were actually work                                                               
ready  and  employers   across  the  state  were   aware  of  the                                                               
applicant's necessary  work skills.   He stated  WorkKeys assists                                                               
70 percent  of Alaska's students  to have a document  stating the                                                               
student is career ready when they graduate.                                                                                     
                                                                                                                                
9:54:07 AM                                                                                                                    
                                                                                                                                
CHAIR KELLER  asked Representatives  Seaton and  Reinbold whether                                                               
they  recall the  previous bill  before the  committee this  year                                                               
that  discussed WorkKeys,  and stated  that  an individual  could                                                               
refer  back  to that  bill  for  additional information.    Chair                                                               
Keller withdrew the question.                                                                                                   
                                                                                                                                
9:54:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  advised she does not  recall the specific                                                               
house  bill number  Chair Keller  was referring  to, but  she was                                                               
bothered by  the testimony on  that bill that if  the legislature                                                               
did away with the requirement of  the WorkKeys exam, it would not                                                               
be easily accessible.   She pointed out that  students would have                                                               
to go  to the local  Department of  Labor office, which  does not                                                               
exist in every village.   She expressed that she was tremendously                                                               
bothered by  that fact as WorkKeys  is an exam that  can be taken                                                               
by   students  in   the  workforce   arena.     She  stated   she                                                               
wholeheartedly  supports this  amendment  for  reasons stated  by                                                               
Representative Seaton,  and that  the exam  would be  provided in                                                               
every school.                                                                                                                   
                                                                                                                                
9:56:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COLVER  advised he was co-sponsor  of another bill                                                               
removing the  WorkKeys, SAT, and  ACT requirement and  is opposed                                                               
to Amendment 1.                                                                                                                 
                                                                                                                                
CHAIR KELLER removed his objection.                                                                                             
                                                                                                                                
REPRESENTATIVE COLVER objected.                                                                                                 
                                                                                                                                
9:56:53 AM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Drummond, Seaton,                                                               
and  Vazquez voted  in  favor of  Amendment  1.   Representatives                                                               
Colver, Kreiss-Tomkins,  Talerico, and  Keller voted  against it.                                                               
Therefore, Amendment 1 failed by a vote of 3-4.                                                                                 
                                                                                                                                
REPRESENTATIVE REINBOLD  reviewed the  fiscal note,  stating that                                                               
it is a positive for the budget.                                                                                                
                                                                                                                                
9:58:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON offered  Conceptual Amendment  2, page  6,                                                               
subsection 18, and delete lines 4-6.                                                                                            
                                                                                                                                
REPRESENTATIVE COLVER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON referred  to an April 6,  2015 handout with                                                               
regard to  a summary  depicting the  same situation  across other                                                               
states.    He referred  to  Kentucky  in  that students  are  not                                                               
allowed  to opt  out of  the  assessments as  Kentucky gives  its                                                               
standardized  assessments   to  be  certain  it   does  not  have                                                               
underperforming  schools, gaps  in students  not receiving  their                                                               
appropriate education,  and teacher evaluation.   He related that                                                               
when  students opt  out, the  teacher  evaluation system  doesn't                                                               
work.   He advised  that opting  out destroys  the accountability                                                               
system.   He further advised that  parents can opt out  of public                                                               
education completely, but  they cannot stay in  the public system                                                               
and choose which provisions to follow and disregard.                                                                            
                                                                                                                                
10:01:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE COLVER  stated that  Alaska's current  teacher and                                                               
student evaluation  process is a work  in progress.  He  said the                                                               
AMP is  currently being conducted and  feedback is not good.   He                                                               
expressed  concern for  the vehicle  being used  and said  a more                                                               
meaningful system needs to be  developed and until that occurs an                                                               
opt-out option  needs to  be available.   Parents expect  to have                                                               
certain freedoms in  Alaska and the opportunity  to make choices.                                                               
He said he is in opposition to Amendment 2.                                                                                     
                                                                                                                                
CHAIR  KELLER  announced  CSHB  85, is  held  in  committee  with                                                               
Conceptual Amendment 2 on the floor for the next meeting.                                                                       
                                                                                                                                
10:03:32 AM                                                                                                                   

Document Name Date/Time Subjects
CSHB82 Work Draft LS0307 W.pdf HEDC 4/10/2015 8:00:00 AM
HB 82
HB82 Version A.pdf HEDC 4/10/2015 8:00:00 AM
HB 82
HB82 Sponsor Statement.pdf HEDC 4/10/2015 8:00:00 AM
HB 82
HB82 FiscalNote.pdf HEDC 4/10/2015 8:00:00 AM
HB 82
HB82 Supporting Documents Nome Public Schools Testimony.pdf HEDC 4/10/2015 8:00:00 AM
HB 82
HB82 Supporting Documents (70-30 list).pdf HEDC 4/10/2015 8:00:00 AM
HB 82
HB82 Supporting Documents e-rate schools.PDF HEDC 4/10/2015 8:00:00 AM
HB 82
CSHB102 draft version P.pdf HEDC 4/10/2015 8:00:00 AM
HEDC 4/13/2015 8:00:00 AM
HB 102
HB102.pdf HEDC 4/10/2015 8:00:00 AM
HEDC 4/13/2015 8:00:00 AM
HB 102
HB102 Support Mike Lyons.pdf HEDC 4/10/2015 8:00:00 AM
HB 102
CSHB85 Version F.pdf HEDC 4/10/2015 8:00:00 AM
HB 85