Legislature(2013 - 2014)CAPITOL 106

03/07/2014 08:00 AM EDUCATION


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08:09:46 AM Start
08:10:11 AM HB278
10:08:42 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 278 EDUCATION: FUNDING/TAX CREDITS/PROGRAMS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 278-EDUCATION: FUNDING/TAX CREDITS/PROGRAMS                                                                     
                                                                                                                                
8:10:11 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS announced  that the only order of  business would be                                                               
HOUSE  BILL  NO.  278,  "An   Act  increasing  the  base  student                                                               
allocation  used  in the  formula  for  state funding  of  public                                                               
education;   repealing    the   secondary    student   competency                                                               
examination  and related  requirements; relating  to high  school                                                               
course credit  earned through assessment;  relating to  a college                                                               
and career readiness assessment  for secondary students; relating                                                               
to  charter  school  application  appeals  and  program  budgets;                                                               
relating  to  residential  school  applications;  increasing  the                                                               
stipend  for  boarding  school students;  extending  unemployment                                                               
contributions for  the Alaska technical and  vocational education                                                               
program; relating  to earning high  school credit  for completion                                                               
of   vocational  education   courses   offered  by   institutions                                                               
receiving  technical and  vocational  education program  funding;                                                               
relating to education tax  credits; making conforming amendments;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
8:10:18 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS  established  that  HB  278  has  been  before  the                                                               
committee multiple times, and  acknowledged the work accomplished                                                               
thus far.  She referred to  the committee packet, and the 16 page                                                               
handout labeled  "HB 278 by Individual  Components," to introduce                                                               
it  as the  reference  document for  purposes  of addressing  and                                                               
amending  the 10  sections  of  the bill.    Continuing with  the                                                               
handout, she drew  attention to page 1, with  the subheading, "1.                                                               
Increasing  the base  student  allocation."  and paraphrased  the                                                               
final  entry  on  the  page,  which  read  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
        House Education Committee will NOT address this                                                                         
         section - it will be advanced to House Finance                                                                         
     Committee.                                                                                                                 
                                                                                                                                
CHAIR GATTIS noted  no comments or objections  from the committee                                                               
for setting this section aside.                                                                                                 
                                                                                                                                
8:11:31 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS  directed attention  to  page  2 of  the  committee                                                               
handout, with the  heading, "2.  Repealing  the secondary student                                                               
competency  exam  (HSGQE)", to  address  the  topic of  the  High                                                               
School  Graduation Qualifying  Exam  (HSGQE).   She reminded  the                                                               
committee that  HB 220, a  bill specific to repealing  the HSGQE,                                                               
was previously heard, amended, and passed out of this committee.                                                                
                                                                                                                                
8:12:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO III  suggested  the inclusion  of the  Armed                                                               
Services  Vocational   Aptitude  Battery  (ASVAB)  test,   as  an                                                               
additional assessment option.                                                                                                   
                                                                                                                                
8:13:41 AM                                                                                                                    
                                                                                                                                
MIKE   HANLEY,   Commissioner,   Office  of   the   Commissioner,                                                               
Department of Education and Early  Development (EED), pointed out                                                               
the two  components involved:   removal  of the  HSGQE as  a high                                                               
stakes test;  and approving tests  for state funding  as proposed                                                               
in  a separate  section of  the  bill.   Addressing the  question                                                               
regarding  the   inclusion  of  ASVAB,   he  reported   that  the                                                               
department considered  it for inclusion, however,  proctoring was                                                               
a  concern as  it is  administered in  a manner  unique from  the                                                               
WorkKeys assessment,  the Scholastic  Achievement Test  (SAT) and                                                               
the American College Testing (ACT).                                                                                             
                                                                                                                                
8:15:40 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS recalled  that, while  in school,  her student  was                                                               
administered  the military  assessment with  his entire  eleventh                                                               
grade class.                                                                                                                    
                                                                                                                                
8:17:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed attention to  HB 278 page 3, lines                                                               
19-22, and  the language  bracketed for  deletion.   He expressed                                                               
interest in offering an amendment  to retain the first portion of                                                               
the  bracketed   sentence  which  requires  collection   of  data                                                               
regarding the number  of teachers by district and  school who are                                                               
teaching outside their  area of endorsement.   He maintained that                                                               
this information is valuable and  should be retained, independent                                                               
of eliminating the HSGQE.                                                                                                       
                                                                                                                                
COMMISSIONER  HANLEY said  the entire  sentence is  bracketed for                                                               
removal  because it  is connected  to the  HSGQE, and  was deemed                                                               
information that is not utilized  or actionable.  The expectation                                                               
is that  teachers are hired in  areas in which they  are endorsed                                                               
or highly  qualified.  A school  with only 10 students  may be an                                                               
exception to this,  but neither can it be forced  to hire another                                                               
teacher.                                                                                                                        
                                                                                                                                
REPRESENTATIVE SEATON  pointed out the preceding  paragraph, line                                                               
17, and  asked about  the actionable  aspect associated  with it,                                                               
then read the language, which states:                                                                                           
                                                                                                                                
       (7)[(8)] the number and percentage of turnover in                                                                      
     certificated personnel and superintendents ...                                                                             
                                                                                                                                
COMMISSIONER  HANLEY  said  currently  the  expectation  is  that                                                               
teachers  are  hired who  are  highly  qualified, but  exceptions                                                               
exist.   Regarding  turnover, strategies  are  devised to  assist                                                               
schools to improve retention rates.                                                                                             
                                                                                                                                
8:22:17 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS  agreed  with   eliminating  requirements  for  the                                                               
collection  of  data which  is  not  actively utilized;  ensuring                                                               
educators more time for teaching.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  maintained that the  information regarding                                                               
the number of  teachers who are working outside of  their area of                                                               
endorsement, could  prove important  if a  district has  a school                                                               
that is under performing.                                                                                                       
                                                                                                                                
REPRESENTATIVE  KITO III  pointed out  that the  rural areas  are                                                               
often restricted regarding hiring options.                                                                                      
                                                                                                                                
REPRESENTATIVE P. WILSON  said that the data  could prove helpful                                                               
to the  urban school districts  and agreed the  information would                                                               
be less helpful to the rural schools.                                                                                           
                                                                                                                                
CHAIR GATTIS cited  this as housekeeping language  to eliminate a                                                               
requirement for reporting that is not used by the department.                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that  it wouldn't be  used for                                                               
penalty purposes, but  might prove to be  helpful information for                                                               
analyzing  the  performance  of a  school,  should  the  question                                                               
arise.                                                                                                                          
                                                                                                                                
8:26:29 AM                                                                                                                    
                                                                                                                                
LES  MORSE,  Deputy  Commissioner, Office  of  the  Commissioner,                                                               
Department  of Education  and Early  Development (EED),  said the                                                               
data exists, but is not utilized  or reported on a routine basis.                                                               
He said  a report  could easily be  generated if  necessary, thus                                                               
the language is  redundant, and he advised  allowing the deletion                                                               
indicated in HB 278.                                                                                                            
                                                                                                                                
REPRESENTATIVE SEATON stated satisfaction,  knowing that the data                                                               
is accessible and reportable.                                                                                                   
                                                                                                                                
8:28:13 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS said  removing the HSGQE has been  argued and deemed                                                               
by the  committee to be  appropriate and  the question is  how to                                                               
best handle the  transition period.  She offered  that one option                                                               
for  any student  not  receiving  a diploma  might  be a  general                                                               
educational    development    (GED)   certificate.        Another                                                               
consideration would  be to provide  a diploma to any  student who                                                               
has  fulfilled all  other graduation  requirements; honoring  the                                                               
validity of the  courses which they have completed.   The goal is                                                               
to  save money,  and by  not extending  the transition  period to                                                               
three years, a significant savings  will be realized and could be                                                               
directed to the classroom.                                                                                                      
                                                                                                                                
8:30:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved Conceptual Amendment [2], to read:                                                                  
                                                                                                                                
     Page 2                                                                                                                     
     Delete lines 12-31                                                                                                         
     Insert CSHB 220(EDC)                                                                                                       
                                                                                                                                
     Page 3                                                                                                                     
     Delete lines 1-22                                                                                                          
                                                                                                                                
REPRESENTATIVE REINBOLD objected.                                                                                               
                                                                                                                                
8:32:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III asked for a brief understanding of the                                                                  
changes in CSHB 220(EDC) that will be incorporated into HB 278.                                                                 
                                                                                                                                
8:32:58 AM                                                                                                                    
                                                                                                                                
COMMISSIONER HANLEY provided that the governor requested a three                                                                
year transition period, during the elimination of the HSGQE, and                                                                
CSHB 220(EDC) reduced it to a one year period.                                                                                  
                                                                                                                                
8:33:34 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:33 a.m. to 8:41 a.m.                                                                       
                                                                                                                                
8:43:47 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS referred to the committee handout, page 4, and                                                                     
read:                                                                                                                           
                                                                                                                                
     Amends  information  required  to be  included  in  the                                                                    
     annual  February  15  report   to  the  legislature  by                                                                    
     removing  the related  to  the  high school  competency                                                                    
     exam.                                                                                                                      
                                                                                                                                
     Amends  information  required  to be  included  in  the                                                                    
     annual  School Report  Cards to  the Public,  which are                                                                    
     submitted.                                                                                                                 
                                                                                                                                
     Amends  language  to  match what  is  measured  on  the                                                                    
     standard-based assessments.                                                                                                
                                                                                                                                
     Recommend  amending  to include  transitional  language                                                                    
     that  includes  allowing  a substitution  test  with  a                                                                    
     change to the effective date.                                                                                              
                                                                                                                                
CHAIR GATTIS referred to the [committee handout] page 5,                                                                        
Amendment A.26, labeled 28-GH2716\A.26, Mischel, 3/6/14, which                                                                  
read:                                                                                                                           
                                                                                                                                
     Page 17, line 30, through page 18, line 5:                                                                                 
                                                                                                                                
     Delete all material and insert:                                                                                            
                                                                                                                                
        "*  Sec. 33.  The  uncodified law  of  the State  of                                                                
     Alaska is amended by adding a new section to read:                                                                         
                                                                                                                                
     RETROSPECTIVE ISSUANCE  OF A  HIGH SCHOOL  DIPLOMA. (a)                                                                    
     At the  request of a  student made by June 30,  2015, a                                                                    
     school district shall issue a  high school diploma to a                                                                    
     student who                                                                                                                
                                                                                                                                
               (1)  did not receive a high school diploma                                                                       
     because the student failed to  pass all or a portion of                                                                    
     the secondary school competency examination;                                                                               
                                                                                                                                
               (2)  received a certificate of achievement                                                                       
     under former AS 14.03.075; and                                                                                             
                                                                                                                                
               (3)  successfully completed the general                                                                          
     education development examination.                                                                                         
                                                                                                                                
          (b)  On or before October 1, 2014, a school                                                                           
     district  shall  mail  a notice  consistent  with  this                                                                    
     section  to each  student who  qualifies for  a diploma                                                                    
     under  this   section  to  the  student's   last  known                                                                    
     address.                                                                                                                   
                                                                                                                                
          (c)  The Department of Education and Early                                                                            
     Development shall immediately  post a notice consistent                                                                    
     with this section on  the department's Internet website                                                                    
     with  information about  how to  request a  high school                                                                    
     diploma.                                                                                                                   
                                                                                                                                
     (d)    In  this  section,  "school  district"  has  the                                                                    
     meaning given in AS 14.30.350."                                                                                            
                                                                                                                                
8:45:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out  that adopting  Amendment A.26                                                               
will not accomplish  the same action as adopting  CSHB 220 (EDC),                                                               
proposed by the Conceptual Amendment [2].                                                                                       
                                                                                                                                
8:46:49 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS  returned to  consideration of  Conceptual Amendment                                                               
[2] as  the appropriate  course of action,  noting that  CSHB 220                                                               
(EDC) better mirrors what is identified for amendment in HB 278.                                                                
                                                                                                                                
REPRESENTATIVE SEATON  agreed, and said  that many of  the points                                                               
in Amendment  A.26 were incorporated in  CSHB 220(EDC), including                                                               
elimination  of the  HSGQE as  well as  transition language  with                                                               
specific options  for students pursuing  a diploma; within  a one                                                               
year versus a three year period.                                                                                                
                                                                                                                                
8:49:10 AM                                                                                                                    
                                                                                                                                
MR.  MORSE said  that CSHB  220(EDC)  may not  have included  the                                                               
deletion of the report and  endorsement language, as indicated in                                                               
HB  278 [page  3,  lines 19-22].    He pointed  out  that HB  278                                                               
contains the  transition language on  page 18, and  suggested the                                                               
committee restrict the amendment  to that aspect; cautioning that                                                               
insertion  of   CSHB  220(EDC)  may  not   accomplish  everything                                                               
intended.                                                                                                                       
                                                                                                                                
8:51:44 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS confirmed HB 278 as the working document.                                                                          
                                                                                                                                
8:53:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON acknowledged  that  the  language in  CSHB
220(EDC) retains  the reporting requirement for  teachers working                                                               
outside their area of endorsement.                                                                                              
                                                                                                                                
8:55:40 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:55 a.m. to 8:57 a.m.                                                                       
                                                                                                                                
8:57:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved Amendment  1, to Conceptual Amendment                                                               
2, deleting the language from  CSHB 220(EDC) page 2, lines 15-16,                                                               
which states:                                                                                                                   
                                                                                                                                
     (8) [(9)]  the number  of teachers  by district  and by                                                                
     school who  are teaching outside the  teacher's area of                                                                    
     endorsement  [BUT IN  AREAS TESTED  BY THE  HIGH SCHOOL                                                                    
     COMPETENCY EXAMINATION].                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON said  the intent is to align  the two bills                                                               
and, thus, remove  the language, as proposed for  deletion, in HB
278,  while  retaining the  remainder  of  the language  in  CSHB
220(EDC) for insertion.                                                                                                         
                                                                                                                                
9:02:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  removed her  objection,  and  without                                                               
further  objection, Amendment  1  to Conceptual  Amendment 2  was                                                               
adopted.                                                                                                                        
                                                                                                                                
9:03:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO  III turned  to HB 278  page 3,  lines 12-14,                                                               
and paraphrased the language, which states:                                                                                     
                                                                                                                                
     (5)  [(6)]   a  description  of  the   efforts  by  the                                                                
     department to  assist a public school  or district that                                                                
     receives  a   low  performance  designation   under  AS                                                            
     14.03.123                                                                                                              
                                                                                                                                
REPRESENTATIVE KITO III noted the  proposed changes that would be                                                               
re-inserted by  adopting CSHB 220  (EDC), and  directed attention                                                               
to the CS, page 2, lines  9-10, to paraphrase the language, which                                                               
states:                                                                                                                         
                                                                                                                                
         (5) [(6)] a description of the efforts by the                                                                      
      department to assist a public school that receives a                                                                      
     designation of deficient or in crisis;                                                                                     
                                                                                                                                
                                                                                                                                
9:03:49 AM                                                                                                                    
                                                                                                                                
MR.  MORSE said  CSHB 220  (EDC) retains  some language  that the                                                               
department considers to be problematic,  including the lines read                                                               
by  the  member, which  relate  to  an  archaic  statute.   As  a                                                               
housekeeping measure, this language is deleted from HB 278.                                                                     
                                                                                                                                
9:05:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO   III  moved   Amendment  2   to  Conceptual                                                               
Amendment 2, to affect CSHB 220(EDC) as:                                                                                        
                                                                                                                                
     Page 2                                                                                                                     
     Delete lines 9-10                                                                                                          
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion.                                                                               
                                                                                                                                
9:08:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III, conjectured on  the need to focus on the                                                               
transition language, and  directing attention to HB  278 page 18,                                                               
line 1, read, "Until June 30,  2017".  He said amending this date                                                               
may be all that is necessary.                                                                                                   
                                                                                                                                
CHAIR GATTIS  agreed that the  major change to CSHB  220(EDC) was                                                               
the transitional language,  and noted nods of  agreement from the                                                               
EED representatives in the gallery.                                                                                             
                                                                                                                                
9:08:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON opined  that the amendments, stated thus                                                               
far may not be necessary.                                                                                                       
                                                                                                                                
REPRESENTATIVE KITO III suggested  rescinding action for adopting                                                               
the  language  of  CSHB  220(EDC),  and  focus  on  amending  the                                                               
transitional language.                                                                                                          
                                                                                                                                
9:09:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO  III  withdrew Conceptual  Amendment  2,  to                                                               
Conceptual Amendment 2.                                                                                                         
                                                                                                                                
9:09:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON withdrew Conceptual Amendment 2.                                                                          
                                                                                                                                
CHAIR GATTIS announced all amendments, thus far, as rescinded.                                                                  
                                                                                                                                
[Amendment   1  to   Conceptual  Amendment   2  was   treated  as                                                               
rescinded.]                                                                                                                     
                                                                                                                                
9:10:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III moved Conceptual Amendment 3, to read:                                                                  
                                                                                                                                
     Page 18, line 1:                                                                                                           
                                                                                                                                
     Following "June 30,"                                                                                                       
     Delete "2017"                                                                                                              
                                                                                                                                
     Following "June 30,"                                                                                                       
     Insert "2015"                                                                                                              
                                                                                                                                
Without objection, Amendment 3 was adopted.                                                                                     
                                                                                                                                
9:15:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved Conceptual  Amendment 4 [contained in                                                               
the committee  handout labeled 28-GH2716\A.7,  Mischel, 2/17/14],                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 2, lines 1 - 10:                                                                                                      
                                                                                                                                
     Delete all material and insert:                                                                                            
                                                                                                                                
        "* Section  1. AS 14.03  is amended by adding  a new                                                                    
     section to read:                                                                                                           
                                                                                                                                
     Sec. 14.03.073.  Secondary school course credit.  (a) A                                                                    
     school  district  shall  provide  the  opportunity  for                                                                    
     students  enrolled   in  a  secondary  school   in  the                                                                    
     district  to   challenge  a  course  provided   by  the                                                                    
     district  by demonstrating  mastery in  the subject  at                                                                    
     the level  of the course challenged.  A school district                                                                    
     shall give  full credit for  a course to a  student who                                                                    
     successfully challenges  that course as  provided under                                                                    
     this section.                                                                                                              
                                                                                                                                
     (b)    A  school  district shall  establish,  within  a                                                                    
     reasonable time, an assessment  tool and a standard for                                                                    
     demonstrating  mastery  in   secondary  school  courses                                                                    
     provided by the district that  are likely to be or have                                                                    
     been the  subject of a  challenge requested  under this                                                                    
     section.                                                                                                                   
                                                                                                                                
     (c)   The  board shall  adopt regulations  to implement                                                                    
     this section.                                                                                                              
                                                                                                                                
     (d)  In this section,  "district" has the meaning given                                                                    
     in AS 14.17.990."                                                                                                          
                                                                                                                                
     Page 8, following line 8:                                                                                                  
     Insert a new bill section to read:                                                                                         
                                                                                                                                
        "* Sec. 12. AS 14.16.050(a) is amended to read:                                                                         
                                                                                                                                
     (a)   The  following provisions  apply with  respect to                                                                    
     the  operation  and  management  of  a  state  boarding                                                                    
     school as if it were a school district:                                                                                    
     (1)     requirements   relating   to  school   district                                                                    
     operations:                                                                                                                
                                                                                                                                
     (A)   AS  14.03.030  - 14.03.050  (defining the  school                                                                    
     term, day in session, and school holidays);                                                                                
                                                                                                                                
     (B)    AS  14.03.073  and  14.03.083  -  14.03.140  [AS                                                                    
     14.03.083   -   14.03.140]  (miscellaneous   provisions                                                                    
     applicable to school district operations);                                                                                 
                                                                                                                                
     (C)   regulations adopted by the  board under authority                                                                    
     of  AS  14.07.020(a)  that  are  applicable  to  school                                                                    
     districts   and  their   schools,   unless  the   board                                                                    
     specifically  exempts   state  boarding   schools  from                                                                    
     compliance with a regulation;                                                                                              
                                                                                                                                
     (D)   AS  14.12.150  (authorizing  school districts  to                                                                    
     establish  and   participate  in  the  services   of  a                                                                    
     regional resource center);                                                                                                 
                                                                                                                                
     (E)    AS 14.14.050  (imposing  the  requirement of  an                                                                    
     annual audit);                                                                                                             
                                                                                                                                
     (F)   AS 14.14.110 (authorizing cooperation  with other                                                                    
     school districts);                                                                                                         
                                                                                                                                
     (G)   AS  14.14.140(b) (establishing  a prohibition  on                                                                    
     employment   of  a   relative  of   the  chief   school                                                                    
     administrator);                                                                                                            
                                                                                                                                
     (H)  AS 14.18 (prohibiting  discrimination based on sex                                                                    
     in public education);                                                                                                      
                                                                                                                                
     (2)    requirements  relating   to  the  public  school                                                                    
     funding  program and  the  receipt  and expenditure  of                                                                    
     that funding:                                                                                                              
                                                                                                                                
     (A)     AS   14.17.500  (relating   to  student   count                                                                    
     estimates);                                                                                                                
                                                                                                                                
     (B)   AS 14.17.505  (relating to school  operating fund                                                                    
     balances);                                                                                                                 
                                                                                                                                
     (C)    AS  14.17.500   -  14.17.910  (setting  out  the                                                                    
     procedure  for payment  of  public  school funding  and                                                                    
     imposing  general  requirements  and  limits  on  money                                                                    
     paid);                                                                                                                     
                                                                                                                                
     (3)   requirements relating  to teacher  employment and                                                                    
     retirement:                                                                                                                
                                                                                                                                
     (A)    AS 14.14.105  and  14.14.107  (relating to  sick                                                                    
     leave);                                                                                                                    
                                                                                                                                
     (B)    AS  14.20.095   -  14.20.215  (relating  to  the                                                                    
     employment and tenure of teachers);                                                                                        
                                                                                                                                
     (C)    AS  14.20.220   (relating  to  the  salaries  of                                                                    
     teachers employed);                                                                                                        
                                                                                                                                
     (D)   AS 14.20.280 - 14.20.350  (relating to sabbatical                                                                    
     leave provisions for teachers);                                                                                            
                                                                                                                                
     (E)   AS 23.40.070 - 23.40.260  (authorizing collective                                                                    
     bargaining  by  certificated  employees),  except  with                                                                    
     regard to  teachers who  are administrators  and except                                                                    
     that  the  board  may  delegate  some  or  all  of  its                                                                    
     responsibilities under those statutes;                                                                                     
                                                                                                                                
     (F)    AS  14.25 (provisions  regarding  the  teachers'                                                                    
     retirement system);                                                                                                        
                                                                                                                                
     (4)  requirements relating  to students and educational                                                                    
     programs:                                                                                                                  
                                                                                                                                
     (A)  AS 14.30.180  - 14.30.350 (relating to educational                                                                    
     services for children with disabilities);                                                                                  
                                                                                                                                
     (B)   AS  14.30.360  -  14.30.370 (establishing  health                                                                    
     education program standards);                                                                                              
                                                                                                                                
     (C)   AS 14.30.400  - 14.30.410 (relating  to bilingual                                                                    
     and bicultural education)."                                                                                                
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 9, line 3:                                                                                                            
                                                                                                                                
     Delete "sec. 14"                                                                                                           
     Insert "sec. 15"                                                                                                           
                                                                                                                                
     Page 9, line 6:                                                                                                            
                                                                                                                                
     Delete "secs. 14 and 15"                                                                                                   
     Insert "secs. 15 and 16"                                                                                                   
                                                                                                                                
     Page 18, line 19:                                                                                                          
                                                                                                                                
     Delete "Sections 17 and 35"                                                                                                
     Insert "Sections 18 and 36"                                                                                                
                                                                                                                                
     Page 18, line 20:                                                                                                          
                                                                                                                                
     Delete "Section 14"                                                                                                        
     Insert "Section 15"                                                                                                        
                                                                                                                                
     Page 18, line 21:                                                                                                          
                                                                                                                                
     Delete "15, and 18 - 20"                                                                                                   
     Insert "16, and 19 - 21"                                                                                                   
                                                                                                                                
     Page 18, line 22:                                                                                                          
                                                                                                                                
     Delete "Section 16"                                                                                                        
     Insert "Section 17"                                                                                                        
                                                                                                                                
     Page 18, line 23:                                                                                                          
                                                                                                                                
     Delete "Sections 22, 25, 28, and 31"                                                                                       
     Insert "Sections 23, 26, 29, and 32 "                                                                                      
                                                                                                                                
     Page 18, line 24:                                                                                                          
                                                                                                                                
     Delete "secs. 36 - 40"                                                                                                     
     Insert "secs. 37 - 41"                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON said this  language replaces HB 278 Section                                                               
1, with the  language adopted by this committee  and passed under                                                               
HB 190.                                                                                                                         
                                                                                                                                
9:16:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion.                                                                               
                                                                                                                                
REPRESENTATIVE SEATON said HB 190  allows students to earn course                                                               
credits through demonstration of mastery of the subject.                                                                        
                                                                                                                                
REPRESENTATIVE P. WILSON removed  her objection.  Without further                                                               
objection, Amendment 4 was adopted.                                                                                             
                                                                                                                                
9:17:51 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS  directed attention to  HB 278 page 2,  lines 11-23,                                                               
to  take  up   the  subject  of  college   and  career  readiness                                                               
assessments.                                                                                                                    
                                                                                                                                
9:18:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  indicated interest  in gaining  a better                                                               
understanding of the entire assessment  process.  The common core                                                               
and the  Alaska Standards are  similar; however,  these standards                                                               
appear  to represent  a significant  change in  the system.   She                                                               
reported  on  the  receipt  of  constituent  comments  expressing                                                               
concern for the language as written in Sec. 2.                                                                                  
                                                                                                                                
9:20:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON said the legislature  found it necessary to                                                               
consider the 70 percent of  students who don't proceed to college                                                               
and WorkKeys was adopted to support  these students.  The test is                                                               
taken  by  every high  school  student  and  can be  repeated  to                                                               
achieve the  highest score;  WorkKeys assessments  are recognized                                                               
on a national  level; and the assessment ranking  becomes part of                                                               
a student's  transcripts.   He opined that  funding for  an exam,                                                               
which will  provide a  student with this  type of  information is                                                               
important, and pointed  out that it serves a  purpose unique from                                                               
that of a college entrance exam.   Providing funding for only one                                                               
test eliminates  a student's options, creates  segregation in the                                                               
graduating cohort, and  may represent a disadvantage  in the work                                                               
place.  The committee has  implemented this system to ensure that                                                               
students  graduate high  school with  a career  ready status  and                                                               
ranking.  Removal of the  requirement for the WorkKeys assessment                                                               
will change  a philosophical direction  that the  legislature has                                                               
adopted.                                                                                                                        
                                                                                                                                
9:24:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON directed attention to  HB 278 page 2, lines                                                               
19-21,   indicating   that  the   state   will   only  fund   the                                                               
administration  of  a  single  test.   Stating  his  belief  that                                                               
administration  of   the  WorkKeys  assessment  is   required  by                                                               
statute, he pointed  out that a student's  transcript may contain                                                               
a void,  lacking the WorkKeys ranking.   He proposed to  offer an                                                               
amendment  to  fund  WorkKeys,  as  well  as  one  other  college                                                               
readiness assessment.                                                                                                           
                                                                                                                                
9:26:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON expressed  agreement with  the proposed                                                               
amendment,  and  said  that the  state  should  fund  appropriate                                                               
testing  for all  students.   WorkKeys serves  70 percent  of the                                                               
student  population who  statistically  do not  pursue a  college                                                               
career.    However,  she  said  the state  should  also  fund  an                                                               
entrance  examination of  choice,  for students  who are  college                                                               
bound.                                                                                                                          
                                                                                                                                
9:27:20 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  HANLEY   said  that  the  WorkKeys   assessment  is                                                               
administered  by regulation  as established  by the  Alaska State                                                               
School Board.   The intent of HB  278 is to provide  a choice, he                                                               
stressed,  by   removing  WorkKeys  from  mandatory   status  and                                                               
including  state funding  of either  the SAT  or ACT.   The  bill                                                               
intent could also  be satisfied by retaining  the requirement for                                                               
the WorkKeys  assessment, as well  as stipulating that  the state                                                               
fund an optional college entrance exam.                                                                                         
                                                                                                                                
9:29:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD   inquired  about  costs   involved  and                                                               
whether the tests compare with the common core standards.                                                                       
                                                                                                                                
COMMISSIONER  HANLEY  directed  attention  to  the  fiscal  note,                                                               
indicating  $525,000  for  testing.     With  the  adjustment  of                                                               
removing the  HSGQE and  by enacting the  option for  WorkKeys v.                                                               
college assessment  proctoring, he said the  component will carry                                                               
a  negative fiscal  note.   To a  further question,  he clarified                                                               
that  the fiscal  note will  remain unchanged  by the  amendment.                                                               
The  important  aspect is  to  identify  what options  should  be                                                               
provided  for  students, he  pointed  out,  with  an eye  on  the                                                               
performance scholarship.                                                                                                        
                                                                                                                                
9:32:42 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS  stated her understanding  that HB 278  provides the                                                               
student  with  the  opportunity  to  choose  between  taking  the                                                               
WorkKeys assessment, the ACT, the SAT, or perhaps none.                                                                         
                                                                                                                                
9:33:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  pointed out  that the committee  has given                                                               
consideration to  the statistical  number of students  who attend                                                               
college, how  many earn a college  degree, as well as  the number                                                               
that leave  college and  enter a career  field.   The committee's                                                               
decision resulted  in the regulatory requirement  for WorkKeys to                                                               
be taken by every 11th grade  student.  He emphasized the need to                                                               
maintain and  require this uniform  test, which  provides crucial                                                               
performance data as well.                                                                                                       
                                                                                                                                
9:34:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  stated  her  understanding  that  the                                                               
decision  is whether  the  SAT  or ACT  tests  will become  state                                                               
funded  exams,   as  the  WorkKeys   assessment  is   already  in                                                               
regulation.  Further, HB 278  changes the WorkKeys requirement to                                                               
a student  option.  She  stated support for retaining  the status                                                               
quo for WorkKeys  while including funding for  a college entrance                                                               
exam of the student's choice; SAT or ACT.                                                                                       
                                                                                                                                
9:35:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO  III  opined  that the  students  should  be                                                               
empowered to make the decision appropriate for them.                                                                            
                                                                                                                                
REPRESENTATIVE  P.  WILSON  explained   that  WorkKeys  is  given                                                               
specifically in the 11th grade  to allow students to identify any                                                               
areas that  they may need  to bolster  as they enter  their final                                                               
year of high school and plan for life beyond graduation.                                                                        
                                                                                                                                
9:37:37 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS upheld that the  students and parents should be able                                                               
to make the choice.                                                                                                             
                                                                                                                                
9:37:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  Conceptual Amendment  5 to  page 2,                                                               
line 19, such that the language read as follows:                                                                                
                                                                                                                                
     The department shall provide funding for WorkKeys and                                                                      
        the administration of a single college readiness                                                                        
     assessment; SAT/ACT.                                                                                                       
                                                                                                                                
CHAIR GATTIS objected.                                                                                                          
                                                                                                                                
9:39:07 AM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives Wilson  and Seaton                                                               
voted  in  favor  of Conceptual  Amendment  5.    Representatives                                                               
Gattis,  Kito III  (Alternate), and  Reinbold, voted  against it.                                                               
Therefore, Conceptual Amendment 5 failed by a vote of 2-3.                                                                      
                                                                                                                                
9:40:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON moved  Conceptual Amendment 6, requiring                                                               
funding of the WorkKeys assessment for all students.                                                                            
                                                                                                                                
CHAIR GATTIS objected.                                                                                                          
                                                                                                                                
9:41:27 AM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives Wilson  and Seaton                                                               
voted  in  favor  of Conceptual  Amendment  6.    Representatives                                                               
Gattis,  Kito III  (Alternate), and  Reinbold, voted  against it.                                                               
Therefore, Conceptual Amendment 6 failed by a vote of 2-3.                                                                      
                                                                                                                                
9:42:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III moved Conceptual  Amendment 7, to include                                                               
the following:                                                                                                                  
                                                                                                                                
     Page 2, line 23 following "assessment":                                                                                    
                                                                                                                                
     Delete "."                                                                                                                 
     Insert "or Armed Services Vocational Aptitude Battery"                                                                     
                                                                                                                                
9:42:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON objected for discussion.   She recalled                                                               
that the test may need to be proctored on military grounds.                                                                     
                                                                                                                                
CHAIR GATTIS  added that  the department  will bring  concerns in                                                               
the event that  this test is not deemed  appropriate and requires                                                               
a further amendment to remove it  prior to passage of HB 278 from                                                               
committee.                                                                                                                      
                                                                                                                                
9:43:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON removed  her objection.  Without further                                                               
objection, Conceptual Amendment 7 was adopted.                                                                                  
                                                                                                                                
9:44:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III  explained that the test  is required for                                                               
entry  into  the military  to  ascertain  aptitude and  determine                                                               
placement.                                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON conjectured that  a contract to proctor the                                                               
test and a fiscal note may need to be considered.                                                                               
                                                                                                                                
9:45:25 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS  offered that  further  information  would be  made                                                               
available, and pointed out that these are federal tests.                                                                        
                                                                                                                                
9:46:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  objected to  the course of  action being                                                               
taken, during  the hearing, and  reviewed a number  of procedural                                                               
points.   Additionally,  she  expressed  concern that  amendments                                                               
were being  adopted without  the benefit  of having  fiscal notes                                                               
attached for consideration.                                                                                                     
                                                                                                                                
REPRESENTATIVE  P.   WILSON  pointed   out  that   the  amendment                                                               
procedure does not typically include fiscal note attachments.                                                                   
                                                                                                                                
9:50:01 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS turned  to page  8,  [lines 10-30]  to address  the                                                               
topic  of   increasing  the  stipend  for   residential  boarding                                                               
schools,  and  reminded  members that  the  committee  previously                                                               
considered and passed [HB 291} regarding this topic.                                                                            
                                                                                                                                
9:51:30 AM                                                                                                                    
                                                                                                                                
COMMISSIONER  HANLEY said  the first  consideration, of  Sec. 12,                                                               
accommodates the  requirement of  residential facilities  to file                                                               
an application by establishing an  annual open period.  Secondly,                                                               
HB  278  proposes  an  increase  of  the  allowable  stipend,  as                                                               
specified by region.                                                                                                            
                                                                                                                                
9:52:29 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS said  that, although this section of  HB 278 mirrors                                                               
HB 291 as  passed, the effective date may need  to be amended for                                                               
fiscal year alignment purposes.                                                                                                 
                                                                                                                                
9:52:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  expressed  concern for  the  cost  that                                                               
increasing the stipend will impose  on the state's budget that is                                                               
currently running in a deficit.                                                                                                 
                                                                                                                                
9:54:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III  asked for a recap of  the programs being                                                               
served by the proposed stipend increases.                                                                                       
                                                                                                                                
COMMISSIONER  HANLEY  said  the traditional  full  term  resident                                                               
programs were expanded  by legislative order, in  2013 to include                                                               
2-6  week, variable  term programs.   The  variable term  program                                                               
does not allow  the base student allocation (BSA)  to be directed                                                               
to  the  boarding school,  but  instead  allocates a  stipend  to                                                               
offset the cost of housing the  students.  The bill also modifies                                                               
how the October count is handled to determine the BSA.                                                                          
                                                                                                                                
9:56:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  ascertained   that  the   variable  term                                                               
programs  are funded  for  the year,  as  established during  the                                                               
count period.                                                                                                                   
                                                                                                                                
COMMISSIONER  HANLEY  said  correct, with  the  expectation  that                                                               
students will attend  170 days of the school year.   He clarified                                                               
that the student count remains  with the home district school and                                                               
a stipend amount is generated for the variable program facility.                                                                
                                                                                                                                
9:58:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KITO III  asked  if the  change  to this  section                                                               
might generate  additional variable  term, as  well as  full term                                                               
residential programs.                                                                                                           
                                                                                                                                
COMMISSIONER HANLEY replied yes.                                                                                                
                                                                                                                                
9:59:05 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS  reported village  support  for  the variable  term                                                               
program as a means to  give students an experience that otherwise                                                               
would not  be available,  while not  "losing" their  children for                                                               
the entire school year.                                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON asked  to have  the effective  date change                                                               
clarified.                                                                                                                      
                                                                                                                                
COMMISSIONER  HANLEY  said the  date  was  an apparent  oversight                                                               
should be amended to a July date, as September is problematic.                                                                  
                                                                                                                                
10:02:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE P. WILSON moved Conceptual Amendment 8, to read:                                                                 
                                                                                                                                
     Page 18, line 20:                                                                                                          
                                                                                                                                
     Following:  "Section 14"                                                                                                   
     Insert:  ", 12, and 13"                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  objected to ask whether  other sections of                                                               
the bill required a similar effective date amendment.                                                                           
                                                                                                                                
COMMISSIONER HANLEY responded no, and offered that some dates                                                                   
are established based on tax codes.                                                                                             
                                                                                                                                
10:07:51 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON removed his objection, and with no further                                                                
objection, Conceptual Amendment 8 was adopted.                                                                                  
                                                                                                                                
[HB 278 was held over.]                                                                                                         

Document Name Date/Time Subjects
2.26.14 Proposed Charter School Legislation Analysis.pdf HEDC 3/7/2014 8:00:00 AM
HB 278
Charter Schools.pdf HEDC 3/7/2014 8:00:00 AM
HB 278
Transportation of Pupils.pdf HEDC 3/7/2014 8:00:00 AM
HB 278
Comments on Charter School Law Improvements (3).doc HEDC 3/7/2014 8:00:00 AM
HB 278
GED Info from DOLWD.pdf HEDC 3/7/2014 8:00:00 AM
HB 278
GED responses from DOLWD.pdf HEDC 3/7/2014 8:00:00 AM
HB 278
Anchorage Charter Schools % ASD budget.xls HEDC 3/7/2014 8:00:00 AM
HB 278
AnchorageCharterSchoolfacilities.xls HEDC 3/7/2014 8:00:00 AM
HB 278
HB 278 Amendments committee working document.docx HEDC 3/7/2014 8:00:00 AM
HB 278