Legislature(2021 - 2022)DAVIS 106

01/31/2022 03:30 PM House EDUCATION

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03:39:29 PM Start
03:40:25 PM HB164
05:00:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 164 EARLY ED PROGRAMS; READING; VIRTUAL ED TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 164-EARLY ED PROGRAMS; READING; VIRTUAL ED                                                                      
                                                                                                                                
3:40:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY  announced that the  only order of  business would                                                               
be  HOUSE BILL  NO.  164,  "An Act  relating  to early  education                                                               
programs  provided by  school districts;  relating to  school age                                                               
eligibility; relating  to early education  programs; establishing                                                               
a  parents as  teachers program;  relating to  the duties  of the                                                               
Department  of  Education  and  Early  Development;  relating  to                                                               
certification  of teachers;  establishing a  reading intervention                                                               
program   for  public   school   students   enrolled  in   grades                                                               
kindergarten  through three;  establishing a  reading program  in                                                               
the Department of Education and  Early Development; relating to a                                                               
virtual  education consortium;  and  providing  for an  effective                                                               
date."   [Before  the committee,  adopted as  a working  document                                                               
during the  4/23/21 House  Education Standing  Committee meeting,                                                               
was the  proposed committee substitute  (CS) for HB  164, Version                                                               
32-LS0731\I, Klein, 4/20/21, ("Version I").]                                                                                    
                                                                                                                                
CO-CHAIR STORY noted that at  its last hearing, the committee had                                                               
heard  about a  new proposed  committee substitute  ["version G"]                                                               
but had  not yet adopted it.   She said the  remaining amendments                                                               
from  Version  I  had  been   incorporated  into  Version  G  and                                                               
amendments for Version G had been submitted.                                                                                    
                                                                                                                                
3:42:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND   moved  to   adopt  the   proposed  committee                                                               
substitute (CS) for HB 164,  Version 32-LS0731\G, Klein, 6/18/21,                                                               
as a working document.                                                                                                          
                                                                                                                                
3:43:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  objected.    He indicated  that  the  House                                                               
version had already  had significant changes made  as compared to                                                               
the companion  bill in the Senate,  and he did not  want "to talk                                                               
about this 'til the cows come home."                                                                                            
                                                                                                                                
3:44:47 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Zulkosky, Hopkins,                                                               
Drummond, and Story voted in favor  of the motion to adopt CS for                                                               
HB  164, Version  32-LS0731\G, Klein,  6/18/21.   Representatives                                                               
Cronk  and Prax  voted  against  it.   Therefore,  Version G  was                                                               
adopted as a working document by a vote of 4-2.                                                                                 
                                                                                                                                
3:45:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   STORY   announced   the  committee   would   entertain                                                               
amendments to Version G, of which there were 17 submitted.                                                                      
                                                                                                                                
3:46:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS moved  to adopt  Amendment 1  to HB  164,                                                               
Version G,  labeled 32-LS0731\G.1, Klein, 1/24/22,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 4, line 14:                                                                                                           
        Delete "who is at least four years of age at the                                                                    
     beginning of the school year"                                                                                          
                                                                                                                                
3:46:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
REPRESENTATIVE  HOPKINS  spoke  to  Amendment 1.    He  said  the                                                               
amendment would support reading at  an earlier age, "not just one                                                               
year before kindergarten starts."   He said it could increase the                                                               
fiscal note, but  said the committee has a  responsibility to put                                                               
forth good legislation to support  educators and ensure the early                                                               
success of students.                                                                                                            
                                                                                                                                
3:47:44 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 3:48 p.m.                                                                                 
                                                                                                                                
3:48:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS withdrew his motion to adopt Amendment 1.                                                                
                                                                                                                                
3:48:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS moved  to adopt  Amendment 2  to HB  164,                                                               
Version G,  labeled 32-LS0731\G.2, Klein, 1/19/22,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 5, line 29:                                                                                                           
          Delete "three-year"                                                                                                   
          Insert "five-year"                                                                                                    
                                                                                                                                
     Page 6, line 19:                                                                                                           
          Delete "three-year"                                                                                                   
          Insert "five-year"                                                                                                    
          Delete "one-year"                                                                                                     
          Insert "two-year"                                                                                                     
                                                                                                                                
     Page 6, line 20:                                                                                                           
          Delete "one additional fiscal year"                                                                                   
          Insert "two additional fiscal years"                                                                                  
                                                                                                                                
     Page 6, lines 22 - 23:                                                                                                     
          Delete "that fiscal year"                                                                                             
     Insert "the two fiscal years"                                                                                              
                                                                                                                                
3:48:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOPKINS spoke  to Amendment 2.   He explained that                                                               
the  extension for  grant funding  of pre-k  programs from  three                                                               
years to five years would allow  districts more time to put pre-k                                                               
programs  into base  student  allocations and  get  them "up  and                                                               
running."                                                                                                                       
                                                                                                                                
3:49:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND  asked whether  the bill sponsor's  staff could                                                               
comment on Amendment 2.                                                                                                         
                                                                                                                                
3:49:34 PM                                                                                                                    
                                                                                                                                
MIKE  MASON,  Staff,  Representative  Chris  Tuck,  Alaska  State                                                               
Legislature, on  behalf of Representative Tuck,  prime sponsor of                                                               
HB  164, offered  his  understanding that  the  only impact  that                                                               
Amendment 2 would have would be a fiscal one.                                                                                   
                                                                                                                                
3:49:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS noted  the  department  may [emphasis  on                                                               
"may"]  grant funding  for a  five-year period  but would  not be                                                               
required to  do so;  therefore, the fiscal  impact is  unknown at                                                               
this time.                                                                                                                      
                                                                                                                                
3:50:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  observed  that  the extension  of  the  grant                                                               
remains  optional; under  Amendment 2  it just  changes the  time                                                               
from three years to five years.                                                                                                 
                                                                                                                                
REPRESENTATIVE HOPKINS responded that that is his understanding.                                                                
                                                                                                                                
CO-CHAIR DRUMMOND said she is not  certain that that much time is                                                               
necessary because it should not take  more than three years.  She                                                               
suggested it  could be left  at three  years, with the  option to                                                               
request more time.                                                                                                              
                                                                                                                                
3:52:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZULKOSKY asked whether  the duration of time being                                                               
discussed pertained to "the early education grant, itself."                                                                     
                                                                                                                                
3:52:53 PM                                                                                                                    
                                                                                                                                
MR. MASON deferred to Lki Tobin.                                                                                                
                                                                                                                                
3:53:27 PM                                                                                                                    
                                                                                                                                
LÖKI   TOBIN,   Staff,   Senator  Mark   Begich,   Alaska   State                                                               
Legislature,  explained  that   when  assessing  early  education                                                               
offerings in a district, if  the department realizes the district                                                               
does not meet the standards  established under regulation, it can                                                               
award a three-year  grant to assist that district  in bringing up                                                               
the  quality of  its program.   A  one-year extension  is allowed                                                               
after the  three years,  and again  after the  fourth year.   She                                                               
concluded, "So,  up to  five years of  funding is  allowed within                                                               
this section of the bill."                                                                                                      
                                                                                                                                
3:54:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  directed attention  to  page  6, line  3,  of                                                               
Version  G, which  shows a  limit on  the total  amount of  grant                                                               
funding is  $3 million.   She figured  that means  some districts                                                               
applying for  years two and  three may not receive  funds because                                                               
of other districts  applying for a fourth or fifth  year of grant                                                               
funds.   She said  she does  think that  is wise  considering "we                                                               
need to get this out to as many districts as possible."                                                                         
                                                                                                                                
REPRESENTATIVE HOPKINS  noted that  he has an  upcoming amendment                                                               
that will address that issue                                                                                                    
                                                                                                                                
3:55:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZULKOSKY  asked for confirmation that  the purpose                                                               
of Amendment  2 is not  to expand the monetary  funding available                                                               
to school districts  but rather to offer flexibility  in terms of                                                               
the timeline of the grant.                                                                                                      
                                                                                                                                
REPRESENTATIVE HOPKINS confirmed that is correct.                                                                               
                                                                                                                                
REPRESENTATIVE  ZULKOSKY   pointed  out   that  not   all  school                                                               
districts "start at the same  starting line" in terms of internal                                                               
capacity  or turnover  levels.   She said  she supports  offering                                                               
greater  latitude  for  school districts  that  "might  not  have                                                               
capacity"; therefore, she supports Amendment 2.                                                                                 
                                                                                                                                
3:57:21 PM                                                                                                                    
                                                                                                                                
MS.  TOBIN,  in  response  to   Co-Chair  Story  and  Mr.  Mason,                                                               
clarified that  Amendment 2 would  make "every grant  a five-year                                                               
grant cycle."   She referenced language  on page 5, line  29, and                                                               
emphasized that [with adoption of  Amendment 2], it would specify                                                               
funding for a five-year period, not "up to" five years.                                                                         
                                                                                                                                
CO-CHAIR STORY asked for clarification.                                                                                         
                                                                                                                                
MR. MASON,  after some  study of  the language,  ascertained that                                                               
Amendment 2 would be for five years, with two remediation years.                                                                
                                                                                                                                
4:00:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS said  he  would welcome  an amendment  to                                                               
Amendment 2 but thinks flexibility is needed.                                                                                   
                                                                                                                                
4:01:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND expressed  confusion,  saying  it sounds  like                                                               
Amendment  2 would  not allow  the  department to  stop giving  a                                                               
grant  before five  years, even  if  a district  was meeting  the                                                               
standards.   She expressed  concern that  taking away  the option                                                               
for adding two  years to the three years  is actually restricting                                                               
flexibility.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS  said  he   thinks  Ms.  Tobin  said  the                                                               
department can [stop  giving the grant funds] if  the district is                                                               
doing a good job.                                                                                                               
                                                                                                                                
MR. MASON directed  attention to language on page 5,  line 26, of                                                               
Version G,  which he interpreted  as showing that  the department                                                               
has discretion.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  HOPKINS observed  the flexibility  noted in  that                                                               
language was the  opposite of what he had just  said, because the                                                               
language  talks  about cutting  off  funds  due to  failure,  not                                                               
success.  He asked Ms.  Tobin to confirm whether [the department]                                                               
can move [a district's program]  to base student allocation early                                                               
based on success.                                                                                                               
                                                                                                                                
4:03:27 PM                                                                                                                    
                                                                                                                                
MS. TOBIN confirmed  that the department can approve  a program a                                                               
program at any time.  She  added, "That approval means rolling it                                                               
into the [average daily membership] (ADM)."                                                                                     
                                                                                                                                
4:03:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND  asked if that  which Ms. Tobin  was confirming                                                               
is found on page 6, lines 27-29.                                                                                                
                                                                                                                                
MS. TOBIN answered that is correct.                                                                                             
                                                                                                                                
4:04:43 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Zulkosky, Hopkins,                                                               
Drummond,  and  Story voted  in  favor  of  the motion  to  adopt                                                               
Amendment 2.   Representatives Prax  and Cronk voted  against it.                                                               
Therefore, Amendment 2 was adopted by a vote of 4-2.                                                                            
                                                                                                                                
4:05:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS moved  to adopt  Amendment 3  to HB  164,                                                               
Version G,  labeled 32-LS0731\G.3, Klein, 1/20/22,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 6, lines 2 - 3:                                                                                                       
          Delete "Unless the legislature appropriates                                                                           
         another amount, total grant funding awarded to                                                                         
         districts under this subsection may not exceed                                                                         
     $3,000,000 in a fiscal year."                                                                                              
                                                                                                                                
     Page 13, line 12:                                                                                                          
          Delete "and (f)"                                                                                                      
                                                                                                                                
     Page 13, lines 18 - 28:                                                                                                    
          Delete all material.                                                                                                  
                                                                                                                                
     Page 29, line 31, through page 30, line 7:                                                                                 
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
4:05:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
REPRESENTATIVE HOPKINS spoke  to Amendment 3.   He emphasized the                                                               
importance  of  not  limiting  how  much  funding  can  be  moved                                                               
forward, specifically  by not  having a  cap of  $3 million.   He                                                               
highlighted giving the department flexibility.                                                                                  
                                                                                                                                
4:07:01 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Hopkins, Zulkosky,                                                               
Drummond,  and  Story voted  in  favor  of  the motion  to  adopt                                                               
Amendment 3.   Representatives Prax  and Cronk voted  against it.                                                               
Therefore, Amendment 3 was adopted by a vote of 4-2.                                                                            
                                                                                                                                
4:07:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS moved  to adopt  Amendment 4  to HB  164,                                                               
Version G,  labeled 32-LS0731\G.4, Klein, 1/20/22,  which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 4, line 14:                                                                                                           
          Delete "four"                                                                                                     
          Insert "three"                                                                                                    
                                                                                                                                
     Page 7, lines 4 - 6:                                                                                                       
          Delete all material and insert:                                                                                       
               "(3)  "early education program" means a                                                                          
     program, the primary function of which is educational,                                                                     
     for children ages three through five years."                                                                               
                                                                                                                                
     Page 9, line 7:                                                                                                            
          Delete "four and five years of age"                                                                               
          Insert "ages three through five years"                                                                            
                                                                                                                                
     Page 11, lines 19 - 20:                                                                                                    
          Delete "four and five years of age"                                                                               
          Insert "ages three through five years"                                                                            
                                                                                                                                
     Page 12, line 5:                                                                                                           
          Delete "four and five years of age"                                                                               
          Insert "ages three through five years"                                                                            
                                                                                                                                
     Page 12, line 13:                                                                                                          
          Delete "four and five years of age"                                                                               
          Insert "ages three through five years"                                                                            
                                                                                                                                
     Page 13, lines 15 - 16:                                                                                                    
          Delete "four and five years of age"                                                                                   
          Insert "ages three through five years"                                                                                
                                                                                                                                
     Page 13, lines 18 - 19:                                                                                                    
          Delete "four and five years of age"                                                                                   
     Insert "ages three through five years"                                                                                     
                                                                                                                                
4:07:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND objected for the purpose of discussion.                                                                       
                                                                                                                                
REPRESENTATIVE HOPKINS  spoke to Amendment  4.  He said  it would                                                               
start education earlier,  which would give students  more time to                                                               
prepare  for kindergarten  and first-,  second-, and  third-grade                                                               
reading programs.   He said  science shows additional  benefit to                                                               
students by starting them at three years of age.                                                                                
                                                                                                                                
4:09:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY mentioned the shortage of preschool teachers in                                                                  
Alaska, space constraints when "gearing up for something like                                                                   
this," and the possibility of  giving flexibility to districts in                                                               
terms of including  three- to five-year-old children.   She asked                                                               
if Amendment 4 would allow for that flexibility.                                                                                
                                                                                                                                
4:10:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS answer  no but  pointed out  that without                                                               
Amendment 4,  districts cannot  lower the age.   He  talked about                                                               
having a  smooth transition from  programs within  the Department                                                               
of  Health and  Social  Services (DHSS)  to  programs within  the                                                               
Department of Education and Early Development (DEED).                                                                           
                                                                                                                                
4:11:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND   asked  Representative  Hopkins   to  clarify                                                               
whether there is a gap  between services offered through DHSS and                                                               
school districts,  in which case  she said she would  be amenable                                                               
to Amendment 4.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  HOPKINS  answered  that  within  the  Head  Start                                                               
program,  there is  "a discrepancy  in that  year three  age that                                                               
they work with."   He said he  is a proponent of  age three being                                                               
the starting point  within the programs of DEED.   In response to                                                               
a follow-up question,  he said he would have to  do some research                                                               
to  find out  whether  other states  have  programs that  include                                                               
three-year-old children.                                                                                                        
                                                                                                                                
CO-CHAIR DRUMMOND  recalled testimony  from child  care providers                                                               
concerned  about losing  those 3-year-olds  to school  districts,                                                               
which would  mean their losing  business.  She explained  that is                                                               
her concern with approving Amendment 4.                                                                                         
                                                                                                                                
REPRESENTATIVE HOPKINS acknowledged that  concern, but he pointed                                                               
to the  lack of child  care exacerbated  by the pandemic,  and he                                                               
indicated he would  like to see ways of bringing  in more private                                                               
child care programs through HB 164.   He added, "It does hold the                                                               
Head  Start  program  -  and  other pre-k  programs  in  place  -                                                               
harmless,  so they  would not  be losing  funding in  discrepancy                                                               
with this bill."  He urged  action taken on the lack of childcare                                                               
that is resulting  in people leaving the  workforce and students'                                                               
ability to learn being inhibited.                                                                                               
                                                                                                                                
4:15:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZULKOSKY asked for a  recap on concerns related to                                                               
the Head Start program and pre-k.                                                                                               
                                                                                                                                
4:16:33 PM                                                                                                                    
                                                                                                                                
MR. MASON responded the intent of  the bill is not to impact Head                                                               
Start, while  Amendment 4 may  do so, because parents  may choose                                                               
to send  their children  to a  pre-K program  rather than  a Head                                                               
Start  program.     He   deferred  to   Ms.  Tobin   for  further                                                               
information.                                                                                                                    
                                                                                                                                
4:17:05 PM                                                                                                                    
                                                                                                                                
MS. TOBIN noted that past  testimony had addressed the ability of                                                               
Head Start to serve the  populations within its communities.  The                                                               
program  described   under  HB  164  would   allow  districts  to                                                               
communicate with Head Start and  other early development programs                                                               
-  private or  nonprofit -  to develop  a holistic  system.   She                                                               
indicated that  the change  proposed under  Amendment 4  to three                                                               
years of age not only would  increase the fiscal note of the bill                                                               
but may  also result in  direct competition with  those programs,                                                               
putting  in  jeopardy  the  ability   of  Head  Start  "to  serve                                                               
communities in a particular way."                                                                                               
                                                                                                                                
4:17:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ZULKOSKY   asked  Ms.  Tobin  to   reference  the                                                               
language in the bill that  relates to school districts consulting                                                               
with Head Start providers in the development of programs.                                                                       
                                                                                                                                
MS. TOBIN cited  language on page 6, lines 8-11,  and on page 11,                                                               
beginning line  21.   She cited  language in  other parts  of the                                                               
bill  that allow  Head Start  to continue  in perpetuity  without                                                               
interference from DEED,  in Section 4, on page 2,  and in Section                                                               
11, [paragraph (2)],  on page 10.  She explained  that the intent                                                               
of these  sections is to ensure  the Head Start programs  are not                                                               
[adversely]  impacted by  HB 164  and to  direct any  district to                                                               
consider  Head  Start  offerings  as  they  develop  their  early                                                               
education programs.                                                                                                             
                                                                                                                                
4:20:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY expressed hope that  Alaska would be expanding its                                                               
early childhood  programs, and she expressed  interest in finding                                                               
out what the increase to the fiscal  note would be as a result of                                                               
Amendment 4.                                                                                                                    
                                                                                                                                
4:21:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ZULKOSKY drew  attention to  language on  page 6,                                                               
lines 8-12, of Version G, which read:                                                                                           
                                                                                                                                
     A district  is eligible for  a grant if  the department                                                                    
     determines an  insufficient number  of children  in the                                                                    
     district  attend  high  quality  child  care  programs,                                                                    
     including   head   start  programs,   early   education                                                                    
     programs  provided by  a  local  government, and  early                                                                    
     education  programs   provided  by   child  development                                                                    
     agencies, that                                                                                                             
                                                                                                                                
REPRESENTATIVE  ZULKOSKY she  said she  does  not see  that as  a                                                               
child in  larger population areas  but asked how that  would work                                                               
in a smaller  community that might have "just  enough children to                                                               
go  into a  Head  Start program."    She said  she  would like  a                                                               
refresher from  DEED regarding a  full program with  potential to                                                               
draw students into a pre-k program.                                                                                             
                                                                                                                                
4:22:58 PM                                                                                                                    
                                                                                                                                
SUSAN  MCKENZIE, Director,  Innovation and  Education Excellence,                                                               
Department  of Education  and Early  Development, said  she would                                                               
need to research and return to the committee with an answer.                                                                    
                                                                                                                                
REPRESENTATIVE ZULKOSKY  said she  would like  to hear  back from                                                               
DEED.   She indicated that she  would be amenable to  Amendment 4                                                               
if she  had a  better understanding of  how the  department would                                                               
interpret the language on page 6.                                                                                               
                                                                                                                                
4:24:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND suggested  the committee  delay a  decision on                                                               
Amendment 4, since  the committee would be meeting  again at 3:30                                                               
p.m. and on Friday.                                                                                                             
                                                                                                                                
4:25:04 PM                                                                                                                    
                                                                                                                                
MS.  MCKENZIE,  in  response to  Co-Chairs  Drummond  and  Story,                                                               
confirmed she could  get an answer to the committee  later in the                                                               
week.                                                                                                                           
                                                                                                                                
4:25:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS moved to table  Amendment 4.  [There being                                                               
no objection, Amendment 4 was tabled.]                                                                                          
                                                                                                                                
4:26:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from  4:26 p.m. to 4:33 p.m.                                                                      
                                                                                                                                
4:33:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZULKOSKY asked to [not offer] Amendment 5, [which                                                                
is in the committee packet but had not yet been moved for                                                                       
adoption].                                                                                                                      
                                                                                                                                
CO-CHAIR STORY indicated Amendment 5 would [not be offered at                                                                   
the present time].                                                                                                              
                                                                                                                                
4:34:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND moved to adopt Amendment 6 to HB 164, Version                                                                 
G, labeled 32-LS0731\G.9, Marx/Klein, 1/21/22, which read as                                                                    
follows:                                                                                                                        
                                                                                                                                
     Page 22, line 30, through page 23, line 15:                                                                                
          Delete all material and insert:                                                                                       
               "(3)  provide grants to a participating                                                                          
        school district to hire a reading specialist and                                                                        
     prescribe the specialist's duties in the grant award;"                                                                     
                                                                                                                                
     Page 24, lines 21 - 23:                                                                                                    
          Delete all material and insert:                                                                                       
               "(1)  ensure that a reading specialist is                                                                        
       not required to perform functions that divert the                                                                        
       reading specialist from the duties assigned to the                                                                       
     reading specialist;"                                                                                                       
                                                                                                                                
     Page 25, line 21:                                                                                                          
          Delete "The department"                                                                                               
     Insert "A school district"                                                                                                 
                                                                                                                                
4:34:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
CO-CHAIR DRUMMOND explained that Amendment 6 had come from the                                                                  
bill sponsor's office.                                                                                                          
                                                                                                                                
4:34:54 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:35 p.m. to 4:37 p.m.                                                                       
                                                                                                                                
4:37:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND withdrew Amendment 6.                                                                                         
                                                                                                                                
CO-CHAIR STORY  announced there being  no objection,  Amendment 6                                                               
was withdrawn.                                                                                                                  
                                                                                                                                
[Amendments 7  and 8 exist  in the committee packet,  but because                                                               
the originator  of the  amendments was not  known, they  were not                                                               
offered.]                                                                                                                       
                                                                                                                                
4:39:24 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:39 p.m. to 4:40 p.m.                                                                       
                                                                                                                                
4:40:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY asked Ms. Tobin to address Amendment 9.                                                                          
                                                                                                                                
4:40:26 PM                                                                                                                    
                                                                                                                                
MS. TOBIN offered her understanding  that Amendment 9 was drafted                                                               
prior  to  an  amendment  the  committee  adopted  which  changed                                                               
previous  bill  language  that  established  a  virtual  language                                                               
consortium,  by changing  "consortium"  to "library";  therefore,                                                               
Amendment  9  would  no  longer be  applicable  to  current  bill                                                               
language.                                                                                                                       
                                                                                                                                
CO-CHAIR STORY said Amendment 9 [would not be offered].                                                                         
                                                                                                                                
4:41:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND moved to adopt  Amendment 10 to HB 164, Version                                                               
G,  labeled   32-LS0731\G.13,  Klein,  1/19/22,  which   read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 27, line 16, following "districts":                                                                                   
        Insert "and state-based professional development                                                                        
     platforms"                                                                                                                 
                                                                                                                                
4:41:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
4:41:30 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:41 p.m. to 4:43 p.m.                                                                       
                                                                                                                                
4:43:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  relayed  she  had learned  Amendment  10  was                                                               
redundant; therefore, she [withdrew] Amendment 10.                                                                              
                                                                                                                                
CO-CHAIR STORY  announced [there  being on  objection], Amendment                                                               
10 was withdrawn.                                                                                                               
                                                                                                                                
4:43:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND explained  that  she had  been  told the  same                                                               
thing regarding Amendment 11, that  it had been made redundant as                                                               
a  result  of   other  changes  already  made   to  the  proposed                                                               
legislation; therefore, she said she would not offer it.                                                                        
                                                                                                                                
4:43:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS,   pointing  to  language  on   page  28,                                                               
regarding   how   the   library  is   structured,   offered   his                                                               
understanding  that Amendment  11  [not yet  moved for  adoption]                                                               
would   make  "culturally   responsive,  evidence-based   reading                                                               
instruction"  available to  school districts,  help teachers  and                                                               
paraprofessionals know  what is available  to them, lay  out some                                                               
of the things that could be  available in the library, allow data                                                               
analysis, and create  support for educators.  He  asked Ms. Tobin                                                               
for confirmation of that understanding.                                                                                         
                                                                                                                                
4:45:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  called  a  point  of  order,  offering  his                                                               
understanding that the amendment needed  to be moved for adoption                                                               
before being discussed.                                                                                                         
                                                                                                                                
4:45:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  moved to  adopt Amendment  11 to  HB 164,                                                               
Version G, labeled 32-LS0731\G.15,  Klein, 1/19/22, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 28, lines 2 - 11:                                                                                                     
          Delete all material and insert:                                                                                       
               "(1)  working with stakeholders to sustain a                                                                     
        virtual library or catalog of locally developed,                                                                        
     culturally relevant reading curricula for educators;                                                                       
               (2)  working with local institutions to                                                                          
      offer virtual continuing education and professional                                                                       
    development   training    in   culturally   responsive,                                                                     
     evidence-based    reading    instruction   to    school                                                                    
     districts;                                                                                                                 
               (3)  coaching and mentoring teachers,                                                                            
     paraprofessionals, and staff  in evidence-based reading                                                                    
     instruction with an emphasis  on prioritizing time in a                                                                    
     manner  that  has  the   greatest  positive  effect  on                                                                    
     student achievement;                                                                                                       
               (4)  supporting school district development                                                                      
     of capacity for supporting community reading outreach;                                                                     
               (5)  training teachers and paraprofessionals                                                                     
     in data  analysis and using  data to  differentiate and                                                                    
     individualize instruction;                                                                                                 
               (6)      leading   and   supporting   reading                                                                    
     leadership  teams   consisting  of  school   staff  who                                                                    
     volunteer to participate; and                                                                                              
     (7)   reporting  on school  and student  performance to                                                                    
     the department."                                                                                                           
                                                                                                                                
4:45:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
4:46:07 PM                                                                                                                    
                                                                                                                                
MS. TOBIN offered  her understanding that Amendment  11 adds line                                                               
3,  [paragraph]  (1),  line  5, [paragraph]  (2),  and  line  11,                                                               
[paragraph]  (4)  as  new  components  to  the  five  subsections                                                               
currently  listed  under  AS  14.30.800,   subsection  (c).    As                                                               
indicated on  Amendment 11, she  noted that this  language begins                                                               
on page 28, beginning  on line 2, of Version G.   She offered her                                                               
understanding  that  "the new  additions  in  the amendment"  are                                                               
[paragraphs] (1), (2), and (4).                                                                                                 
                                                                                                                                
4:47:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  STORY   asked  whether   the  other   [paragraphs]  are                                                               
duplicative.                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  offered his  understanding that  they are                                                               
not duplicative,  just renumbered, with the  aforementioned three                                                               
new [paragraphs] added.                                                                                                         
                                                                                                                                
4:48:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND  offered  her   understanding  that  the  bill                                                               
drafter  added  "consisting  of school  staff  who  volunteer  to                                                               
participate" - on lines 15 and  16, [as numbered on the hard copy                                                               
of Amendment  11] -  "to make it  match what it  used to  say" in                                                               
"the section we're replacing."                                                                                                  
                                                                                                                                
REPRESENTATIVE HOPKINS,  in response to Co-Chair  Story, recapped                                                               
the changes that would be made by adopting Amendment 11.                                                                        
                                                                                                                                
4:49:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK maintained his objection.                                                                                  
                                                                                                                                
4:49:58 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Hopkins, Drummond,                                                               
Zulkosky, and  Story voted  in favor  of to  the motion  to adopt                                                               
Amendment 11.   Representatives Prax and Cronk  voted against it.                                                               
Therefore, Amendment 11 was adopted by a vote of 4-2.                                                                           
                                                                                                                                
4:51:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND said she would not be offering Amendment 12.                                                                  
                                                                                                                                
CO-CHAIR STORY confirmed that Amendment 12 would not be offered.                                                                
                                                                                                                                
4:51:36 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:51 p.m. to 4:52 p.m.                                                                       
                                                                                                                                
4:52:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZULKOSKY asked for more  time to work on Amendment                                                               
13,  which she  had brought  forward  last year  [to a  different                                                               
version of  the proposed  legislation] and  wanted to  "make sure                                                               
it's in a good spot for the committee's consideration."                                                                         
                                                                                                                                
CO-CHAIR  STORY   said  Amendment   13  would  be   "tabled  'til                                                               
Wednesday."                                                                                                                     
                                                                                                                                
4:53:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR DRUMMOND moved to adopt  Amendment 14 to HB 164, Version                                                               
G,  labeled   32-LS0731\G.18,  Klein,  1/21/22,  which   read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 27, following line 3:                                                                                                 
     Insert a new paragraph to read:                                                                                            
               "(2)  "dyslexia" means a specific learning                                                                       
    disability   that   is   neurobiological   in   origin,                                                                     
     characterized by  difficulties with accurate  or fluent                                                                    
     word  recognition and  by  poor  spelling and  decoding                                                                    
     abilities; those  difficulties typically result  from a                                                                    
     deficit in the phonological  component of language that                                                                    
     is  often unexpected  in  relation  to other  cognitive                                                                    
     abilities  and  the  provision of  effective  classroom                                                                    
     instruction;   secondary   consequences   may   include                                                                    
     problems in  reading comprehension and  reduced reading                                                                    
     experience  that can  impede growth  of vocabulary  and                                                                    
     background knowledge;"                                                                                                     
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
4:53:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK objected.                                                                                                  
                                                                                                                                
CO-CHAIR  DRUMMOND  stated that  it  is  critically important  to                                                               
define dyslexia, because "up to now  it has not been considered a                                                               
...   learning   disability   that   has   attracted   sufficient                                                               
attention."  She  emphasized that it takes time  to identify that                                                               
a child has  dyslexia, which influences his/her  ability to read.                                                               
She noted  that dyslexia  requires different  approaches compared                                                               
to other disabilities.                                                                                                          
                                                                                                                                
4:54:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS asked Representative  Cronk if there might                                                               
be  a better  definition or  if his  concern may  be specifically                                                               
about  including  a  definition   of  dyslexia  in  the  proposed                                                               
legislation.                                                                                                                    
                                                                                                                                
4:54:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK opined  that the original version  of HB 164                                                               
"would  cover all  this,"  and  he cautioned  that  the more  the                                                               
committee adds  to the proposed legislation,  the more unworkable                                                               
it  will become.   He  added  that it  is  the job  of a  reading                                                               
specialist to figure out whether a child is dyslexic.                                                                           
                                                                                                                                
4:55:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY agreed  that the bill is "getting big."   She said                                                               
she believes "a definition can  be helpful," but she acknowledged                                                               
the concern expressed by Representative Cronk.                                                                                  
                                                                                                                                
4:55:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  DRUMMOND pointed  out  that the  original  bill was  40                                                               
pages long; the amendments introduced  last May reduced it to 30;                                                               
what is being done now is cleanup.   She stated that she does not                                                               
think the bill is getting too large.                                                                                            
                                                                                                                                
4:56:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  STORY  moved  Amendment  1  to  Amendment  14,  to  add                                                               
[paragraph] 3 to Amendment 14, to read:                                                                                         
                                                                                                                                
         (3) districts shall report the program they're                                                                         
      using, or specific strategies teachers are using, to                                                                      
     respond to students with dyslexia                                                                                          
                                                                                                                                
CO-CHAIR  STORY   explained  she   thinks  this   information  is                                                               
important for the department to know.                                                                                           
                                                                                                                                
CO-CHAIR  DRUMMOND  objected  to  Amendment  1  to  Amendment  14                                                               
because the  language proposed is  a reporting  requirement being                                                               
added to a definition section.                                                                                                  
                                                                                                                                
4:58:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  STORY  withdrew the  motion  to  adopt Amendment  1  to                                                               
Amendment 14.                                                                                                                   
                                                                                                                                
4:58:15 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Zulkosky, Drummond,                                                               
Hopkins,  and  Story  voted  in  favor of  the  motion  to  adopt                                                               
Amendment 14.   Representatives Cronk and Prax  voted against it.                                                               
Therefore, Amendment 14 was adopted by a vote of 4-2.                                                                           
                                                                                                                                
4:59:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR STORY  determined the committee  would wait  to consider                                                               
further amendments.                                                                                                             
                                                                                                                                
[HB 164 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB 164 Culturally Responsive Assessment Article.pdf HEDC 1/31/2022 3:30:00 PM
HB 164
HB 164 01-31-22 amendment actions.pdf HEDC 1/31/2022 3:30:00 PM
HB 164