Legislature(2015 - 2016)CAPITOL 106

02/01/2016 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
*+ HB 157 LANG. IMMERSION SCHOOLS/TEACHER CERTS. TELECONFERENCED
Heard & Held
        HB 102-RESIDENTIAL PSYCH CTR; EDUC. STDRS/FUNDS                                                                     
                                                                                                                                
9:01:37 AM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  announced   that  the  final  order  of  business                                                                
would  be HOUSE  BILL  NO. 102,  "An Act  providing  for funding                                                                
of   educational    services   for   students   in   residential                                                                
psychiatric treatment centers."                                                                                                 
                                                                                                                                
[Before  the  committee  was  proposed   CSHB  102,  labeled  29-                                                               
LS0519\P,  Glover,  4/7/15,  adopted  as  the  working  draft  on                                                               
4/10/15.]                                                                                                                       
                                                                                                                                
9:01:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    VAZQUEZ    moved   to   adopt   the   proposed                                                                
committee  substitute  (CS)  for  HB 102,  labeled  29-LS0519\W,                                                                
Glover,  3/16/15,  as the working  draft.   [Version  W had  been                                                               
previously   adopted  as   a  working  draft   and  amended,   on                                                               
3/20/15,  and  then  replaced  by working  draft  Version  P,  on                                                               
4/10/15.]                                                                                                                       
                                                                                                                                
The committee took an at-ease from 9:02 a.m. to 9:03 a.m.                                                                       
                                                                                                                                
9:03:03 AM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  announced  there  being no  objection,  Version  W                                                               
was before the committee as the working document.                                                                               
                                                                                                                                
9:04:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COLVER  asked  for clarification   regarding  the                                                               
version  of the  working draft  under  consideration.   He  noted                                                               
that the committee packet also contained Version I.                                                                             
                                                                                                                                
The committee took an at-ease from 9:04 a.m. to 9:05 a.m.                                                                       
                                                                                                                                
9:05:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   COLVER   moved   to  rescind   the  committee's                                                                
previous  action   in adopting   Version  W.    [There  being  no                                                               
objection, it was so ordered.]                                                                                                  
                                                                                                                                
9:06:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COLVER  moved  to adopt  the proposed  committee                                                                
substitute   [CS]  for  HB 102,  labeled   29-LS0519\I,  Glover,                                                                
1/29/16,  as  the working  draft.    There  being  no objection,                                                                
Version I was before the committee.                                                                                             
                                                                                                                                
9:06:27 AM                                                                                                                    
                                                                                                                                
JANET  OGAN,  Staff,  Representative  Wes  Keller,  Alaska  State                                                               
Legislature,  stated  that the  goal of  HB 102 is  to ensure  an                                                               
equitable   education   is  being  provided   to  special   needs                                                               
students who require residential psychiatric treatment.                                                                         
                                                                                                                                
9:07:40 AM                                                                                                                    
                                                                                                                                
MICHAEL    LYONS,   Vice    President,   Specialty    Education,                                                                
Universal   Health  Services,   North  Star   Behavioral  Health                                                                
Systems,  stated   support  for  HB  102,  paraphrasing   from  a                                                               
prepared statement, which read as follows [original                                                                             
punctuation provided]:                                                                                                          
                                                                                                                                
     Thank   you  for   the  opportunity    to  update   the                                                                    
     Committee  regarding   the  proposed  amendment  to  HB
     102  and  our  efforts  since  last  April   15th  when                                                                    
     Chairman     Keller    appointed     a    subcommittee                                                                     
     consisting   of  Representatives   Drummond,  Talerico                                                                     
     and   Vasquez.      The    subcommittee   Chaired    by                                                                    
     Representative    Vazquez   was   asked   by  Chairman                                                                     
     Keller   to   further    study   issues   related    to                                                                    
     educational   services   in  residential   psychiatric                                                                     
     treatment  centers  (RPTC).    We would  like  to  take                                                                    
     this   moment   to  thank   Representatives   Vazquez,                                                                     
     Drummond  and Talerico  for  their time,  research  and                                                                    
     visit to North Star this past year.                                                                                        
                                                                                                                                
     We  firmly   believe  that   education  is  the   civil                                                                    
     rights  issue  of  our  time  and  that  every   child,                                                                    
     including  children  with mental  illness  deserves  an                                                                    
     equal  opportunity  to succeed  in school.   State  and                                                                    
     federal   law  is  clear   -  that   no  matter   where                                                                    
     children  live, ALL  children  are entitled  to a  free                                                                    
     and    appropriate    public    education    that    is                                                                    
     comparable,  equitable  and  adequate.   For  the  past                                                                    
     six  years,   my  colleagues   and  I  have  dedicated                                                                     
     ourselves  to  bring  awareness  of  how  some  of  the                                                                    
     State's    most   vulnerable    children   have    been                                                                    
     receiving   substandard  educational   services   while                                                                    
     seeking  in  some  cases   life-saving  mental   health                                                                    
     treatment.    In addition  to  bringing  awareness,  we                                                                    
     continue    to   put   forth   solutions    that   will                                                                    
     dramatically  improve   the educational   services  for                                                                    
     a  class  of  children   who  so  desperately   need  a                                                                    
     voice.                                                                                                                     
                                                                                                                                
     In  order  to  give you  a  broader  understanding   of                                                                    
     why we  believe  this year's  Committee  Substitute  to                                                                    
     HB 102  is a needed  solution,  I would  like to  share                                                                    
     with  you some of  the most  recent events  since  last                                                                    
     April  and our  efforts to  work collaboratively   with                                                                    
     the Anchorage School District (ASD).                                                                                       
                                                                                                                                
     In  April of  2015,  representatives  from  North  Star                                                                    
     and  ASD  began  meeting  to  discuss  program   needs,                                                                    
     best   practices,    measurable    outcomes,   service                                                                     
     delivery   and  ways  to  work  more   collaboratively                                                                     
     with  one  another.    The  first  two  meetings   were                                                                    
     attended   by  the  Commissioner    of  Education   who                                                                    
     helped  set  the  framework  for  future  discussions.                                                                     
     Meeting   participants   from  ASD   included  several                                                                     
     high  level  district  administrators   and  Mr.  Jerry                                                                    
     Koetje   who  was   appointed   Acting   Principal   of                                                                    
     Special  Schools  in July.    Sadly and  unexpectedly,                                                                     
     Mr.  Koetje  passed  away  in  December.    Mr.  Koetje                                                                    
     was a  lifelong  educator who  helped  hundreds if  not                                                                    
     thousands  of children  throughout  his  tenure and  he                                                                    
     hit  the ground  running  upon  coming to  North  Star.                                                                    
     Mr. Koetje  will  be dearly  missed by  so many and  we                                                                    
     truly  appreciated  all of  his efforts  while working                                                                     
     for the children at North Star.                                                                                            
                                                                                                                                
     The  spirit  of the  meetings  between  ASD  and  North                                                                    
     Star  has been  very  collegial  with  a  strong  focus                                                                    
     on    program    enhancement,    accountability     and                                                                    
     communication.    Both  organizations  recognize   that                                                                    
     communication   and   collaboration   is  critical   to                                                                    
     addressing  issues  and  the  overall  success  of  the                                                                    
     program.   As of  January,  2016 there  have been  over                                                                    
     twenty meetings between the two organizations.                                                                             
                                                                                                                                
     In  addition  to  the  ongoing   operational  meetings                                                                     
     between  North  Star  and  ASD,  Representatives   from                                                                    
     the       Education       Subcommittee       including                                                                     
     Representatives   Vazquez,   Talerico   and  Drummond,                                                                     
     visited  the  facility   on September   16,  2015;  the                                                                    
     ASD School  Board  President,  visited  on December  4,                                                                    
     2015;  and the  Commissioner  of Education  visited  on                                                                    
     January  12, 2016.   We sincerely  thank  everyone  for                                                                    
     taking  the time  to visit  and see the  program  first                                                                    
     hand.   There is  no doubt  that touring  the facility                                                                     
     humanizes  the  hard work  of  our professional   teams                                                                    
     as  well  as the  resiliency,  courage,   strength  and                                                                    
     determination of our patients and students.                                                                                
                                                                                                                                
     To  give you  a  context  of our  student  population,                                                                     
     each  fall,  ASD  counts  the  number  of  students  in                                                                    
     each  school setting  across  the District.   Students                                                                     
     at  North   Star  fall  currently   under  the   Whaley                                                                    
     Center  (the  District's   Special  Education  Center)                                                                     
     and  according  to  ASD,  there  was  a  total  of  113                                                                    
     students  counted  of which  over  50%  are classified                                                                     
     as  receiving  Special  Education  Services.    I  will                                                                    
     speak  a bit  more  about special  education  services                                                                     
     later  but   when  a  special   education  student   is                                                                    
     admitted  to  North  Star,  the current   ASD practice                                                                     
     is to  amend the  student's  Individualized  Education                                                                     
     Plan  (IEP)   to  reflect   "consultative   services".                                                                     
     Under   this  practice,   we   do  not   believe   that                                                                    
     special   education   students    are  receiving    the                                                                    
     appropriate  level  of special  education  services  as                                                                    
     prescribed  by previous  IEP  teams and  this needs  to                                                                    
     be addressed immediately.                                                                                                  
                                                                                                                                
     Going   back   to   our   initial   meetings   and   in                                                                    
     preparation   for  our second   meeting  on  April  28,                                                                    
     2015,  North   Star  asked  if  ASD  could  bring   the                                                                    
     District's   plan   for   addressing   the   following                                                                     
     areas:                                                                                                                     
                                                                                                                                
     1.   A   Communication    Plan   that   will   outline                                                                     
     strategies  for  strengthening  the collaboration   and                                                                    
     information   sharing    between   ASD,   North   Star,                                                                    
     parents,  students,   resident  school  districts   and                                                                    
     other stakeholders                                                                                                         
                                                                                                                                
     2.   The  2015-2016  Staffing  Plan including  teacher                                                                     
     certification areas                                                                                                        
                                                                                                                                
     3.   The   Curriculum   Model   including    a   Master                                                                    
     Schedule  reflecting  the  amount  of time  for  direct                                                                    
     instruction and on-line instruction                                                                                        
                                                                                                                                
     4.   The  Administrative   Supervision   Plan   with  a                                                                    
     schedule   for   providing   on-site   management   and                                                                    
     communication    with   families,    treatment    team,                                                                    
     resident school districts and students                                                                                     
                                                                                                                                
     5.   Policies    and   Procedures    for   admissions,                                                                     
     Individualized     Education     Plans    (IEP)     and                                                                    
     transitions                                                                                                                
                                                                                                                                
     6.   A  list   of  Outcome   Measures   that  will   be                                                                    
     tracked  to be  shared with  stakeholders  through  the                                                                    
     School Improvement Plan (SIP)                                                                                              
                                                                                                                                
     7.   A  program   Budget  including   allocations   for                                                                    
     materials, resources and equipment                                                                                         
                                                                                                                                
     All of  these areas  are  usually considered  standard                                                                     
     operating  items   that  all schools   should  have  in                                                                    
     place  and served  a good starting  point  for ASD  and                                                                    
     North   Star  to   evaluate   the  current   operating                                                                     
     system   and    steer   our   future    conversations.                                                                     
     Recognizing   that  the   school's   Master  Schedule,                                                                     
     Staffing  Plan  and Curriculum   Model  needed intense                                                                     
     focus  and  would   require  the  District   to  assign                                                                    
     additional   resources,   North   Star   knew  it   was                                                                    
     critical  to  get  further  clarification  on  how  the                                                                    
     district  was  going to  address  each of  these  areas                                                                    
     last  April.    Throughout   our  discussions  heading                                                                     
     into  the  late  spring  and  early  summer,  we  never                                                                    
     received  concrete  information  to the  requests  just                                                                    
     mentioned.    We strongly  believed  that  without  the                                                                    
     above  items  in  place,   it  was  going  to  be  very                                                                    
     challenging  to  start  the  new school  year  and  the                                                                    
     students' education was going to be compromised.                                                                           
                                                                                                                                
     As  the   2015-2016   school  year   evolved,  it   was                                                                    
     important  to  us  to  recognize  where  progress   was                                                                    
     being  made.   We  have  been very  complimentary   and                                                                    
     grateful  to ASD  for  areas that  have  been improved                                                                     
     upon.   However,  with  that  said  and  although  well                                                                    
     intended,  ASD's  most  recent efforts  have  not  been                                                                    
     proactively  implemented   without  constant  prodding                                                                     
     and  follow  up from  North  Star.    I would  like  to                                                                    
     take  this  opportunity  to  share  with  you  some  of                                                                    
     the   areas    of   progress    emerging    from    the                                                                    
     collaboration to date:                                                                                                     
                                                                                                                                
     •    ASD  hired  an  Acting  Principal  separate   from                                                                    
     the   Whaley   Center   to  oversee   the   District's                                                                     
     Special  Schools.   Mr. Jerry  Koetje  transitioned  to                                                                    
     this  position in  late July.   Due to  the passing  of                                                                    
     Mr.  Koetje,  ASD  is  currently  recruiting   to  fill                                                                    
     this open position                                                                                                         
                                                                                                                                
     •    The  Transition  Counselor  position   was  filled                                                                    
     as  of  September   11th.    As  you  may  recall,   we                                                                    
     learned   about  this  position   being  allocated   to                                                                    
     North  Star  last  year  through  a  FOIA  request  but                                                                    
     the allocated  position  previously  never  served  the                                                                    
     students of North Star                                                                                                     
     •    Four   new  teachers   hired,   two  new  teacher                                                                     
     assistants hired                                                                                                           
                                                                                                                                
     •    A  new Individualized   Learning  Plan  (ILP)  was                                                                    
     authored   by   ASD  to   set   the  course   of   each                                                                    
     patient's educational experience                                                                                           
                                                                                                                                
     •    95  new laptop  computers  were  ordered  and  the                                                                    
     internet   bandwidth  was  increased   to  accommodate                                                                     
     the on-line learning platform                                                                                              
                                                                                                                                
     •    Instructional  hours  were increased  through  the                                                                    
     expanded Master Schedule                                                                                                   
                                                                                                                                
                                                                                                                                
     Throughout  the first  semester,  we also  shared  with                                                                    
     ASD  our  continued  list  of  ongoing  concerns   that                                                                    
     should  have  been   addressed  prior  to  the   school                                                                    
       year beginning and still need immediate attention:                                                                       
                                                                                                                                
     •    Establishing   the   level  of   onsite  services                                                                     
     provided  by  the  Acting  Principal  assigned  to  all                                                                    
     Special   Purpose    Schools   and   the   access   for                                                                    
     parents, students, teachers and stakeholders                                                                               
                                                                                                                                
     •    Student  course   schedules  listing  the   actual                                                                    
     courses students are registered in                                                                                         
                                                                                                                                
     •    Full  student registration   to the  on-line  APEX                                                                    
     course system                                                                                                              
                                                                                                                                
     •    Completion of each student's ILP                                                                                      
                                                                                                                                
     •    Further technology assessment and plan                                                                                
                                                                                                                                
     •    Identification of Outcome Measures                                                                                    
                                                                                                                                
     •    Curriculum assessment and plan                                                                                        
                                                                                                                                
     •    Streamlining of Enrollment Process                                                                                    
                                                                                                                                
     •    Intake,   Course   Registration   and  Transition                                                                     
     Policies and Procedures                                                                                                    
                                                                                                                                
     •    AIMS Web Testing                                                                                                      
                                                                                                                                
     The  goal has  always  been  and will  continue  to  be                                                                    
     to  serve   every  student   with  excellence   as  the                                                                    
     standard;   education  is  a  universal   right  and  a                                                                    
     student's  education   should  never  be  compromised.                                                                     
     Although  progress   has  been  made  in  some  areas,                                                                     
     many  students   did   not  receive   an  appropriate,                                                                     
     comparable  and  adequate  educational  experience  the                                                                    
     first  semester.     In  fact,  it  was  disheartening                                                                     
     that  this   class  of  children   did  not  have   the                                                                    
     resources they should have in a timely manner.                                                                             
                                                                                                                                
     Specifically,  from  the  onset  North  Star described                                                                     
     the  lack of  technology  that  was  not  available  to                                                                    
     students  in order  to participate  in  the District's                                                                     
     Apex   On-line   Learning    Program.      During   the                                                                    
     Education   Subcommittee's   tour  of  North   Star  on                                                                    
     September  16,  2015,  they  heard first  hand  from  a                                                                    
     District  IT representative   that the  infrastructure                                                                     
     was   inadequate   and   there   were  less   than   20                                                                    
     functioning   computers.    However,  after   the  tour                                                                    
     everyone  was  encouraged  at the  working  lunch  when                                                                    
     Acting  Principal,  Mr.  Koetje  reported  that he  was                                                                    
     given   the   authority   for  64   computers   and   a                                                                    
     temporary  bandwidth   solution.   By  this  time,  one                                                                    
     month  of  school  had  already  passed  and  not  only                                                                    
     did  students   not  have  access,  they  didn't   have                                                                    
     course    schedules     nor    were    any    of    the                                                                    
     Individualized   Learning   Plans   (ILPs)  completed.                                                                     
     In the  spirit  of collaboration,  both  organizations                                                                     
     continued   to  move   forward   in  hopes   that   the                                                                    
     situation would be rectified immediately.                                                                                  
                                                                                                                                
     The  problem  grew  worse  over  the  next  two  months                                                                    
     and  on  November  6,  2015,  North  Star  reported  to                                                                    
     ASD  its  frustration   that  the  promised  computers                                                                     
     were   still   not  delivered,    bandwidth   was   not                                                                    
     increased  and  students  still  did  not  have  access                                                                    
     to the  on-line  APEX system  that they  were supposed                                                                     
     to  be  taking  classes  in.    When  questioned,   the                                                                    
     Acting   Principal   stated  that   the  District   had                                                                    
     "tabled  the plan".   Sensing  North Star's  shock  and                                                                    
     disappointment,   ASD  delivered   60  computers   that                                                                    
     same  afternoon  and  commissioned  the  IT Department                                                                     
     to begin  upgrading  the bandwidth  in  order to  allow                                                                    
     students to participate in their classes on-line.                                                                          
                                                                                                                                
     Sadly,  this   class  of  children   did  not  receive                                                                     
     appropriate,   equitable   and  adequate   educational                                                                     
     services    the   first   semester.       North    Star                                                                    
     respectfully   raised   concerns  regarding   students                                                                     
     not   having   course   schedules    and   that   their                                                                    
     transcripts  were  not reviewed  nor aligned  to  their                                                                    
     previous   placement.      Furthermore,    North   Star                                                                    
     sought  help in  understanding  why  only  5 ILPs  were                                                                    
     completed  to  date and  the  District's  procedure  to                                                                    
     move    all    special    education     IEPs    to    a                                                                    
     "consultative"  model.   These  concerns  and Priority                                                                     
     Needs  were shared  in  full  transparency  with  ASD's                                                                    
     Board  Chairman,  the  Commissioner  of  Education  and                                                                    
     ASD  Administration.     ASD chose  not  to respond  in                                                                    
     writing  to these  concerns;  however,  North Star  did                                                                    
     review  the  list  in  a meeting   with ASD  as  to  be                                                                    
     open  with the  reflection  and reassessment  process.                                                                     
     The question  we  have to ask  is if  this happened  in                                                                    
     any  other school,  wouldn't  there  be outrage  for  a                                                                    
     failure  to provide  an adequate  education  let  alone                                                                    
     to this vulnerable class of children?                                                                                      
                                                                                                                                
     Members   of   the   House   Educational    Committee,                                                                     
     providing    educational    services    for   students                                                                     
     residing  in  an  RPTC  is a  specialty  service   that                                                                    
     must  integrate  a variety  of  different  disciplines                                                                     
     including     medical,      educational,     clinical,                                                                     
     behavioral,      recreational     and     transitional                                                                     
     services.    Because  the needs  of  the  students  are                                                                    
     so  complex  and require  such  individualization,   it                                                                    
     is  more  appropriate   in   some  instances   to  give                                                                    
     RPTC's   the  option   to  serve   as  an  Educational                                                                     
     Services   Provider   and  contract   with  the   local                                                                    
     school  district.     North  Star  presented   a  draft                                                                    
     contract  for ASD's  review  and ASD stated  that  they                                                                    
     were  not interested  in contracting   with North  Star                                                                    
     to provide the educational services.                                                                                       
                                                                                                                                
     After  reviewing   the  course   of  events  the   past                                                                    
     several  years,   it appears   to  be  a logical   next                                                                    
     step  to allow a  three year  pilot project  for  RPTCs                                                                    
     to  become  an Educational   Service  Provider.    This                                                                    
     proposal   was  presented   to  the   Commissioner   of                                                                    
     Education  for  his  review  and  input.    Under  this                                                                    
     legislation,    a   participating    RPTC   would    be                                                                    
     required     to    comply     with    over    eighteen                                                                     
     accountability  standards   including  a comprehensive                                                                     
     financial  audit.   The  RPTC would  also  be required                                                                     
     to  report   back  to  the  Legislature   its  Outcome                                                                     
     Measures  each  school  year  and we  think  this  will                                                                    
     dramatically   improve   services   to   children   and                                                                    
     increase academic accountability.                                                                                          
                                                                                                                                
     Current  law  permits  school  districts   to contract                                                                     
     with  educational   service   providers  approved   and                                                                    
     accredited   by the  DEED  as  found  within  existing                                                                     
     Alaska  Statute   14.03.083.    The  amendment   to  AS                                                                    
     14.03.083   would   authorize   school   districts   to                                                                    
     contract    with   RPTCs   to    provide   educational                                                                     
     services  for  children  confined  to the  facility  by                                                                    
     court  or   physician's  order   for  treatment   of  a                                                                    
     diagnosed mental illness.                                                                                                  
                                                                                                                                
     There  are  a  total   of  12  RPTCs  statewide   which                                                                    
     could   qualify    treating   approximately    250-300                                                                     
     students.    We  expect   only  a  few  of the   larger                                                                    
     facilities  will  consider to  act on  the legislation                                                                     
     thus  affecting  a  very  small  number  of  students.                                                                     
     Fairbanks   School   District   already   has  such   a                                                                    
     contract  with  the  Boys  and  Girls  Home  of  Alaska                                                                    
     which is working well for its 24 patients.                                                                                 
                                                                                                                                
     Under  the  bill, the  process  would  entail  an  RPTC                                                                    
     (who   desired   to  provide   education   within   its                                                                    
     facility)   present   a  proposed   contract   to   the                                                                    
     District.  If  the  District   and the  RPTC  couldn't                                                                     
     reach  agreement   within  30  days,  the  RPTC   could                                                                    
     present  the proposed  contract  top  the Commissioner                                                                     
     of  Education  similar  to the  Charter  School appeal                                                                     
     process.                                                                                                                   
                                                                                                                                
     Another   big    reason   this   legislation    is   so                                                                    
     important  is  that  we recently  asked  ASD  where  we                                                                    
     could  find  the preliminary   budget allocations   for                                                                    
     North  Star being  presented  to  the school  board  at                                                                    
     its  first  hearing  February  1st  for  the 2016-2017                                                                     
     school  year and  we were  told  that we  would not  be                                                                    
     able  to see  where and  what  was being  presented  to                                                                    
     the  Board for  serving  students  at North  Star  next                                                                    
     year.   In the  spirit of  transparency,  we find  this                                                                    
     very  troubling  and again  it  shows that  this  class                                                                    
     of  children  is not  being  appropriately  addressed.                                                                     
     Unless  we  stay vigilant  and  vocal,  this  class  of                                                                    
     children  will  continue  to be  treated  unfairly  and                                                                    
     inadequately.     We  have  often  pondered   what  the                                                                    
     Office  of  Civil  Rights  would  think  regarding  how                                                                    
     children   with   mental  illness   continues   to   be                                                                    
     served  but  we  know  the solution   rests  here  with                                                                    
     our local officials.                                                                                                       
                                                                                                                                
9:25:34 AM                                                                                                                    
                                                                                                                                
EVELYN  ALSUP,  Director  of Education,   North Star  Behavioral                                                                
Health  Center,   testified  on  HB  102,  paraphrasing   from  a                                                               
prepared   statement,    which   read   as   follows   [original                                                                
punctuation provided]:                                                                                                          
                                                                                                                                
     I  appreciate  the  opportunity  to  be  able  to  come                                                                    
     and  update  this committee   on the  progress  of  the                                                                    
     educational services provided in our facility.                                                                             
                                                                                                                                
     Leaders  from  North  Star and  ASD  began  meeting  in                                                                    
     April  to  discuss  the  educational   program   needs,                                                                    
     service  delivery,   and  identifiable   outcomes   for                                                                    
     the   program.     The   commissioner    of  education                                                                     
     attended  the  first couple  of  meetings  to help  set                                                                    
     the    guidelines    and    framework    for   further                                                                     
     discussions.    The  meetings  were  attended  by  Mike                                                                    
     Graham  and  Linda  Carlson  from the  ASD  and Evelyn                                                                     
     Alsup  and  Mike  Lyons   from  North  Star.    As  the                                                                    
     meetings  progressed,  the  district  brought  in  Mike                                                                    
     Henry  (secondary   director  of  education)   and  Mr.                                                                    
     Jerry  Koetje acting  principal  for  special schools.                                                                     
     Sadly,  Mr.  Jerry  Koetje  passed  away  in December.                                                                     
     His  passing  was unexpected   and he  will  be sorely                                                                     
     missed   as   his   enthusiasm   for   education    was                                                                    
     contagious.     During  the  onset  of  the  meetings,                                                                     
     both  parties   recognized   that   communication   and                                                                    
     collaboration     was   vital    to    improving    the                                                                    
     educational   service  for  this  population   and  for                                                                    
     the  continued  success  of the  educational  program.                                                                     
     As  of  January,  there  have  been  over  20 meetings                                                                     
     between the two organizations.                                                                                             
                                                                                                                                
     Representatives   from   the  Education   Subcommittee                                                                     
     visited  the North  Star facilities  on  September  16,                                                                    
     2015;  Kameron   Perez-Verdia  the  ASD  School   Board                                                                    
     President,   visited  on  December  4,  2015;  and  the                                                                    
     Commissioner   of Education   visited  on  January  12,                                                                    
     2016.                                                                                                                      
                                                                                                                                
     From  the onset  of our  discussions,  North  Star  has                                                                    
     come  to  each  meeting   with  an  agenda  (that   was                                                                    
     previously   e-mailed  to  ASD  for  their   input)  so                                                                    
     each    organization    could   be    productive    and                                                                    
     collaborative    in   the   time   allotted   for   the                                                                    
     discussion.                                                                                                                
                                                                                                                                
     My  colleague,  Mike  Lyons,  outlined  the  successes                                                                     
     of  this school  year  so far,  and  for those  we  are                                                                    
     truly   thankful.     Students   are   receiving   more                                                                    
     instructional   time  and  the  increase  in  teachers                                                                     
     has allowed this to be successful.                                                                                         
                                                                                                                                
     Sadly,  I must  report  that we  are still  struggling                                                                     
     to  clearly   identify   how   if  at   all  student's                                                                     
     transcripts    are   being    aligned   with   sending                                                                     
     schools.     This  alignment   is   important  to   the                                                                    
     student    being    able    to   matriculate     toward                                                                    
     graduation   with   his/her   like  peers.     We   are                                                                    
     continuing  to  wait  on  all students   having  course                                                                    
     schedules.    A clear  course  schedule   is important                                                                     
     to  ensure all  classes  are  congruent  with resident                                                                     
     schools;  as  placing  students   in  courses  they  do                                                                    
     not  need or  that  are  not required  for  graduation                                                                     
     becomes  a  source  of  frustration   for  the student                                                                     
     and  family   and  can   lead  to   added  stress   and                                                                    
     ultimately  not having  the  credits to  graduate  with                                                                    
     peers.   To  date  we are  unsure  how or  if outcomes                                                                     
     are  tracked  and  recorded.    The  use  of  outcomes                                                                     
     linked  with curriculum  design  are important  to  the                                                                    
     success  of  the  educational  program  as  they  allow                                                                    
     administrators   and teachers  to  identify  the  areas                                                                    
     of  growth  and  those  needing  added  structure   and                                                                    
     alignment.     In  each  meeting  with  ASD,   we  have                                                                    
     asked  for a program  budget;  sadly, we  still do  not                                                                    
     have  a budget for  this program.   Having  the  budget                                                                    
     clearly  outlined  would allow  for a  complete master                                                                     
     schedule  and  development   of  curriculum   plan  for                                                                    
     the  program.     The   process  for   transitions   of                                                                    
     students  returning   to sending   school  programs  is                                                                    
     not  defined;  these  transitions   allow  students  to                                                                    
     be  successful   in  their   return  to  the  resident                                                                     
     school  and  community.    The district   developed  an                                                                    
     Individual   Learning  Plan   or  ILP  that  would   be                                                                    
     implemented  for  each  student  upon admission  it  is                                                                    
     not   being  utilized.      This  ILP   would  benefit                                                                     
     parents   and   sending   schools    upon   a  child's                                                                     
     transition  back  to the  resident  school.   AIMS  web                                                                    
     testing  to  assess  the areas  of  strength  and  need                                                                    
     in   the   elementary   school   population    is   not                                                                    
     occurring    like   it   does    in   other   programs                                                                     
     throughout  the  district.    We are  lacking  a  clear                                                                    
     curriculum   assessment   and   plan,   assessing   the                                                                    
     curriculum   and  developing  a  curriculum   plan  are                                                                    
     standard  operating  procedures  for  schools.    These                                                                    
     assessment   tools   allow   evaluation   of  academic                                                                     
     programs  so  schools  can  meet  the expectations   of                                                                    
     accrediting   educational   agencies,  and  state   and                                                                    
     local  stakeholders.   The  addition of  the principal                                                                     
     and  transition   counselor  was  greeted   with  great                                                                    
     anticipation   as we  eagerly  looked  forward  to  the                                                                    
     added   administrative   oversight   to  the  program.                                                                     
     However,   we  have   no   administrative   plan   that                                                                    
     outlines  the  functions  or  schedules  of  the  added                                                                    
     administrators   in  which  to  share  with  families,                                                                     
     therapists,   and resident   school  districts.    This                                                                    
     is    needed    to    provide     communication     and                                                                    
     understanding of processes within the program.                                                                             
                                                                                                                                
     Each  of  the  above  areas  of continuing   need,  are                                                                    
     all  ordinary  operational   procedures  for  schools.                                                                     
     Although  improvement  was  made  in certain  parts  of                                                                    
     the  educational   program,  we  are  still   far  from                                                                    
     resolving    the   educational    inequity    of   this                                                                    
     population.   Still  today  students  receiving  mental                                                                    
     health  treatment  in North  Star are  not being  given                                                                    
     the  opportunity   to  achieve  the  same  educational                                                                     
     progress as their like peers in public schools.                                                                            
                                                                                                                                
9:31:33 AM                                                                                                                    
                                                                                                                                
MIKE   GRAHAM,   Chief  Academic   Officer,   Anchorage    School                                                               
District  (ASD),  reported  the  progress  and limitations   that                                                               
have   occurred   regarding   the  collaboration    between   the                                                               
Anchorage  School  District  (ASD)  and North  Star,  during  the                                                               
last   year.    A   positive  working   relationship   has   been                                                               
formed,   he  opined,   and  acknowledged   that   many  of   the                                                               
educational  concerns,   brought  forward  by  North  Star,  hold                                                               
merit.   He said  the district  has stepped  forward,  in a  good                                                               
faith  effort,   to  establish   an  educational   program   that                                                               
allows   students   to   continue   academic   learning,    while                                                               
receiving   residential   treatment;   on  par   with  what   all                                                               
students  receive.   He reviewed  a number  of  the improvements                                                                
made  in the last  year, which  include:   transition  plans  for                                                               
students  returning   to  their  home  schools;   individualized                                                                
learning  plans  for all but  the acute  care students;  on-line                                                                
curriculum   supported  by  92  new  computers;   creation  of  a                                                               
fulltime   principal   -   the   appointment   being   imminent;                                                                
increasing   the  counselor  position   to  fulltime;  expanding                                                                
six  teacher  positions  to  ten;  establishment   of  a special                                                                
schools  office;  and  regular  meetings  scheduled  between  ASD                                                               
and  North  Star on  a weekly,   monthly,  and quarterly   basis.                                                               
A  cooperative  agreement   has  been proposed   by  North  Star,                                                               
which  presents  some concerns  for the  district,  he said,  and                                                               
paraphrased   a   series  of   points,   which   read  [original                                                                
punctuation provided]:                                                                                                          
                                                                                                                                
     1.       Provide   a    direct   line    administrator                                                                     
     responsible   for   technical   assistance   including                                                                     
     applicable  district  training.    Curriculum  design,                                                                     
     and    program    implementation.         This    staff                                                                    
     administrator   will   also  ensure   compliance   with                                                                    
     Department    of    Education     (DOE)    rules    and                                                                    
     regulations   pertaining   to  alternative   education                                                                     
     programs; and                                                                                                              
                                                                                                                                
     2.    Disseminate  information   about  and  assist  in                                                                    
     the   development     and   adoption    of   promising                                                                     
     educational   practices    for   students   in   mental                                                                    
     health  facilities   or  State  supported  facilities;                                                                     
     and                                                                                                                        
                                                                                                                                
     3.   Coordinate  activities  for  the  identification,                                                                     
     location,  and evaluation  of  all children  served  in                                                                    
     educational   programs   in  mental   health  facility                                                                     
     settings; and                                                                                                              
                                                                                                                                
     4.   Serve as the  fiscal  intermediary  in collecting                                                                     
     state and federal per pupil education funds                                                                                
                                                                                                                                
     5.   Remit  ninety  five  percent  (95%)  of  the  full                                                                    
     time  equivalency  (FTE) funding  including  a portion                                                                     
     of  federal  funding   from  the  School  District   to                                                                    
     North  Star.  Reimbursement   due to North  Star  shall                                                                    
     be  paid  in monthly  installments,   beginning  on  or                                                                    
     about July 30, 2016; and                                                                                                   
                                                                                                                                
     6.   Provide   up  to 10  days  of  mainframe  student                                                                     
     information    system    training    to   North    Star                                                                    
     employees at no cost; and                                                                                                  
                                                                                                                                
     7.    Serve   as  the   Local  Education   Agency   and                                                                    
     provide    general    supervision    of    educational                                                                     
     services through:                                                                                                          
                                                                                                                                
          a. A review of the special education                                                                                  
     procedures   for  providing   education   programs   to                                                                    
     determine    compliance   with   provisions    of   the                                                                    
     Agreement  and applicable   State and  School District                                                                     
     educational rules.                                                                                                         
                                                                                                                                
9:37:02 AM                                                                                                                    
                                                                                                                                
MR.  GRAHAM  opined  that  passage  of HB  102  could  result  in                                                               
litigation,  which  may prove  counterproductive.    He disputed                                                                
some  of the claims  made  by North  Star against  ASD including                                                                
the  lack of  meetings  and an  indifference  to  student needs.                                                                
He  said the  collaboration  has  been  extensive,  students  are                                                               
receiving  a  full  day  of  instruction,  and  incursions   from                                                               
the past have been rectified.                                                                                                   
                                                                                                                                
9:40:13 AM                                                                                                                    
                                                                                                                                
LINDA    CARLSON,     Assistant    Superintendent     Culturally                                                                
Responsive   Education,   Anchorage    School  District    (ASD),                                                               
stated  that  Anchorage  serves  not  only  the  long  term  care                                                               
students,   at  North   Star  Behavioral   Health   Center,   but                                                               
students  from  across  the state  who  are in  acute  care.   In                                                               
the  last year,  she  reported,  90  out-of-district  individual                                                                
educational   plans  (IEPs)  were  addressed.     These  90  IEPs                                                               
were  all for  acute  care  students,  who  averaged  17-20  days                                                               
of care  in  Anchorage.   The  district's  attorney  has advised                                                                
that  rewriting   every  student's  IEP  is  not  necessary,   if                                                               
what  the student  arrives  with  is sufficient.    The district                                                                
works  on  the  goals   of  the  IEP  with  the  parents.     She                                                               
addressed  concerns,   regarding  HB  102,  paraphrasing  from  a                                                               
prepared statement, which read as follows:                                                                                      
                                                                                                                                
     The  Anchorage  School  District   is responsible   and                                                                    
     is  held accountable  as  the  local education  agency                                                                     
     (LEA)  under  IDEA  and AS  14.30.186,   which states,                                                                     
     'Special  Education   and related   services  shall  be                                                                    
     provided  by  the  city  school  district  in  which  a                                                                    
     treatment  facility  is  located  for  a child  with  a                                                                    
     disability  placed  at a facility.'    Furthermore,  'A                                                                    
     school   district    shall   develop   an   individual                                                                     
     Education    program   for   special   education    and                                                                    
     related  services   for  each  eligible  child  with  a                                                                    
     disability.'    This is  mandatory  language  under  AS                                                                    
     14.30.278.                                                                                                                 
                                                                                                                                
MS.  CARLSON  said  the  bottom   line  is  that  ASD  cannot  be                                                               
hands-off,  with  regard  to  the  educational  program,  nor  is                                                               
that  the intent.    Legal  and  policy obligations   exist,  and                                                               
ASD expects to meet those requirements.                                                                                         
                                                                                                                                
9:45:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted  the legal  concerns  expressed  by                                                               
ASD  and  asked  to  have  written   comments  provided   to  the                                                               
committee  regarding  consequences  of  inadequate  instruction,                                                                
as  well  as  contracted  services.    A  legal  impairment   may                                                               
occur,  he   conjectured,  and   it  is  important  to   have  an                                                               
understanding of the responsibility/liability.                                                                                  
                                                                                                                                
9:46:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS   asked  about  federal  funding                                                                
available for students who hold an IEP.                                                                                         
                                                                                                                                
MS. CARLSON  responded  that,  for a  student who  is considered                                                                
level  three   acute,  approximately   $78,000  is  received   in                                                               
federal  funds.   Students  identified  at lower  levels receive                                                                
less  depending  on  the  complexity   of  their  needs  and  the                                                               
related services required.                                                                                                      
                                                                                                                                
9:48:02 AM                                                                                                                    
                                                                                                                                
CHAIR   KELLER   inquired   about   the   responsibilities    and                                                               
parameters   of  the  counselor   requirements,   including   the                                                               
daily/weekly  hours  worked,  as  well  as  student  contact  and                                                               
access.                                                                                                                         
                                                                                                                                
MR.  GRAHAM  explained   that  these  counselors  don't  perform                                                                
the  same duties  as  are expected  from  their counterparts   in                                                               
the mainstream   schools.   These specialty  counselors  provide                                                                
transitional   assistance   for  students,   review  needs,   and                                                               
ensure   cooperation   between    case  management,    the   home                                                               
school,  and  related  activities;   acting  as in  intermediary                                                                
to  meet  the student's   needs.   He  said  the counselor,   for                                                               
North Star, is at the facility twice weekly.                                                                                    
                                                                                                                                
CHAIR  KELLER  queried  how  a  student  is  tracked,  when  they                                                               
leave a facility.                                                                                                               
                                                                                                                                
MR. GRAHAM  explained  that  any contact  would be  via the  home                                                               
school;  however,  continued  treatment  isn't tracked  by  North                                                               
Star.   In response  to a  member's  request, Mr.  Graham  agreed                                                               
to  provide   the  committee   with  a  copy   of  the  contract                                                                
submitted to ASD in December, 2015.                                                                                             
                                                                                                                                
REPRESENTATIVE   SEATON pointed  out  that  the packet  includes                                                                
a number  of  comments  submitted  during  previous  hearings  on                                                               
the  bill and  asked  to have  current  comments  solicited  from                                                               
the contributors.                                                                                                               
                                                                                                                                
9:52:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   VAZQUEZ   shared  personal   observations   from                                                               
her  visit  to  the  North   Star  facility,  which  upheld   the                                                               
points  previously  cited  regarding  limited  internet  access.                                                                
Instruction  was  primarily   via computer,   lasting  for  three                                                               
to  four   hours  per   day.     She  expressed   shock  at   the                                                               
conditions    the    at-risk   students    faced.       Further,                                                                
information  requested   by her  office,  was  not  made readily                                                                
available.      She   said,   "It   was   painstaking    to   get                                                               
information,  frankly,  from  the school  district,  of the  type                                                               
of   information    that   should   have   been   more   readily                                                                
available."   Her  letters  of request  will be  provided to  the                                                               
committee.                                                                                                                      
                                                                                                                                
9:55:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON   cited   recent  education   commission                                                                
reports  of  the national  averages  for  on-line/virtual   class                                                               
graduation  rates.   Apparently  it  is only  about  20 percent,                                                                
and  he   expressed   hesitation   to  incorporate   this   as  a                                                               
primary methodology for instruction.                                                                                            
                                                                                                                                
9:57:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    DRUMMOND   pointed    out  that    North   Star                                                               
operates  on a national  level,  and asked  to see  results  from                                                               
the  other schools  with  which  it is affiliated.    She  stated                                                               
her  understanding   that   ASD  has  made   this  request,   for                                                               
comparison   information,   as  well  as   for  program  success                                                                
rates,   without   response.     Additionally,    she  expressed                                                                
concerns  for  the  responsibility   regarding  computer   access                                                               
in  a hospital  setting.    The hospital  and  housing  is  owned                                                               
by  North  Star,  she pointed  out,  and  asked  why  the  school                                                               
district   is   responsible   for  installation    of  broadband                                                                
services and computer equipment.                                                                                                
                                                                                                                                
CHAIR KELLER announced HB 120 as held.                                                                                          

Document Name Date/Time Subjects
HB157 Hearing Request.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 Sponsor Statement.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 Sectional Analysis.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 Fiscal note.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 Support Fronteras.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 Supporting Documents-Article Indian Country Today 9-1-2014.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 Supporting Documents-Article Salt Lake Tribune 8-4-2012.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
8 HB157 SB84 Support.docx HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
SB 84
HB157 Supporting Documents-Website Utah Dual Language Immersion Program.pdf HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
HB157 ver S.PDF HEDC 2/1/2016 8:00:00 AM
HEDC 2/8/2016 8:00:00 AM
HB 157
1 HB102 Sponsor.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
2 HB102.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
3 CSHB102.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
4 CSHB102 Changes from version W to P.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
5 CSHB102 draft version P.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
HB102 Fiscal note.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
6 HB102 Fiscal Note EED-SS 3-13-15.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
8HB102 Support KANA.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
9 HB102 Support IDEA.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
10 HB102 Support JYS.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
11HB102 Support Mike Lyons.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
12 HB102 Support North Star 1.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
13 HB102 North Star 2.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
14 HB102 NorthStar Response to Committee Questions.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
15 HB102 Comparison of Services ASD NSBH.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
16 HB 102 SupportTestmony David Nees.msg HEDC 2/1/2016 8:00:00 AM
HB 102
17 HB102 Support Providence-Kodiak Counseling Center.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
18 HB102 Oppose ASD Letter.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
20 HB102 Oppose Testimony Hope.msg HEDC 2/1/2016 8:00:00 AM
HB 102
21 HB102_Oppose KPBSD_Clayton Holland 2015.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
22HB 102 Oppostion Wassman.pdf HEDC 2/1/2016 8:00:00 AM
HB 102
23 CSHB102 Work Draft I Jan.29 2016.pdf HEDC 2/1/2016 8:00:00 AM
HB 102