Legislature(2005 - 2006)CAPITOL 106

02/23/2006 11:00 AM House EDUCATION


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11:09:03 AM Start
11:09:32 AM HB364
12:01:39 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 364 SCHOOL PERFORMANCE BONUSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 364-SCHOOL PERFORMANCE BONUSES                                                                                             
                                                                                                                                
11:09:32 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN announced  that the only order of  business would be                                                               
HOUSE  BILL  NO.  364,  "An  Act  relating  to  a  public  school                                                               
performance  incentive program;  and providing  for an  effective                                                               
date."   He  relayed  today's hearing  was  an informational  one                                                               
only.  He said he had sent out  a survey to all the Alaska school                                                               
districts and  received "a pretty  good response ...  [which was]                                                               
somewhat split."                                                                                                                
                                                                                                                                
11:10:22 AM                                                                                                                   
                                                                                                                                
ROGER SAMPSON,  Commissioner, Department  of Education  and Early                                                               
Development (EED),  informed the committee that  his presentation                                                               
would  focus on  the differences  between this  incentive program                                                               
and the many  that have been attempted  previously throughout the                                                               
country with  limited success.   He highlighted that  the program                                                               
proposed in  HB 364  would pay  for improved  student performance                                                               
above  and beyond  one year's  worth of  growth and  involves the                                                               
entire   staff   of   the   school,   including   administrators,                                                               
certificated teachers,  and "non-certificated" employees  such as                                                               
nurses, secretaries, and  custodians.  He noted  that the program                                                               
is based on the student's  individual growth, not a predetermined                                                               
percentile or ranking,  and it compares the progress  of the same                                                               
student   from   the  previous   year   to   the  current   year.                                                               
Additionally, he  said that all  schools that participate  in the                                                               
annual spring  testing would  be eligible  to participate  in the                                                               
incentive  program.   A further  benefit, he  noted, is  that the                                                               
instrument used to  measure a student's growth is  one already in                                                               
place - the Standards Based  Assessments (SBA) given statewide to                                                               
grades  3-10  -  and given  in  April  of  each  year.   He  then                                                               
identified distinct  benefits from the state's  perspective which                                                               
include:   it has  a guaranteed outcome;  it's a  no-risk program                                                               
which does not  obligate or cost the state  or legislature should                                                               
goals not be  reached; it enhances the workforce  and may enhance                                                               
the state's teacher  recruitment efforts as well; it  adds to the                                                               
accountability [of schools] by directly  linking higher levels of                                                               
performance  with  achievement   and  compensation;  it  promotes                                                               
collaboration,   effective    instruction,   and    spreads   the                                                               
responsibility  across all  content areas  and all  grade levels;                                                               
and it  ensures that instruction  is focused around  the specific                                                               
needs of students.                                                                                                              
                                                                                                                                
11:14:14 AM                                                                                                                   
                                                                                                                                
CHAIR   NEUMAN  asked   Commissioner  Sampson   to  address   the                                                               
challenges  many  of the  rural  Alaskan  schools face  regarding                                                               
teacher  retention  and  the  concern  those  schools  have  that                                                               
teacher recruitment  efforts are more successful  with the better                                                               
performing schools.                                                                                                             
                                                                                                                                
COMMISSIONER  SAMPSON  explained  that  the  "playing  field"  is                                                               
leveled and  no advantage is  given to those schools  with either                                                               
higher  or  lower  performing  students,  with  higher  or  lower                                                               
numbers  of disabilities,  rural  versus urban,  or large  versus                                                               
small.  He said he could provide  an example of a school in which                                                               
every  student is  performing  at  the lowest  level  of all  six                                                               
performance  levels and  that school  would still  have an  equal                                                               
opportunity  to   receive  the  incentive.     He  addressed  the                                                               
misconception  that this  [incentive  program] would  add to  the                                                               
current  "flight  syndrome" of  school  selection  from rural  to                                                               
urban, or  other deciding  factors, and  opined that  the program                                                               
would not add  to this trend.  Returning to  his presentation, he                                                               
highlighted the  expected outcomes of the  program, which include                                                               
spreading the  ownership and responsibility across  all staff and                                                               
said:                                                                                                                           
                                                                                                                                
     One  of the  things that's  loud and  clear ...  is our                                                                    
     teachers are  working very, very  hard in  our schools.                                                                    
     We're  not suggesting  that they're  not working  hard,                                                                    
     but this is  an incentive for them  to consider working                                                                    
     differently  and to  embrace some  different strategies                                                                    
     that  haven't  been  used  before  and  to  build  some                                                                    
     partnerships  that  have  not been  developed  at  this                                                                    
     point.    It's  about  looking at  the  needs  of  each                                                                    
     student  instead of  teaching  to  the general  middle.                                                                    
     Let's find out  what the needs of each  student are and                                                                    
     deliver instruction around those needs.                                                                                    
                                                                                                                                
COMMISSIONER SAMPSON  explained that another expected  outcome of                                                               
the program is to expand  the responsibility of reading, writing,                                                               
and mathematics  to all staff.   He  said that the  percentage of                                                               
those in the  state, as well as the country,  who are responsible                                                               
for  teaching  those subjects  in  high  school, is  15  percent.                                                               
However,  this  incentive  program,  he  clarified,  expands  the                                                               
responsibility to  include all staff  as responsible  for student                                                               
learning in all three subjects  regardless of whether a teacher's                                                               
course subject  directly affects  adequate yearly  progress (AYP)                                                               
or not.                                                                                                                         
                                                                                                                                
11:18:51 AM                                                                                                                   
                                                                                                                                
COMMISSIONER  SAMPSON  relayed that  20  years  of other  school,                                                               
school  district,  and  public  sector  institution  models  were                                                               
examined to  learn why  each met with  minimal success  or failed                                                               
entirely.   He said it  was determined that this  minimal success                                                               
or failure  was due  to several facts:  the playing  field wasn't                                                               
level  because  the  models  weren't  based  on  student  growth,                                                               
thereby  higher performing  schools were  given an  advantage; in                                                               
some  cases  the targets  were  set  so unrealistically  high  it                                                               
discouraged  participation  entirely;  there was  conflict  among                                                               
staff because  most incentive models  are designed such  that one                                                               
staff  member has  to  lose  in order  for  another  to gain  the                                                               
incentive; building  administrators were excluded;  the measuring                                                               
instrument   was   not   reliable   nor   consistently   applied;                                                               
compensation  was  not  large  enough  to  incentivize  staff  to                                                               
changing  their practices;  and because  "whoever was  moving the                                                               
model  forward  -  the  school  district,  the  legislature,  the                                                               
building principal,  the private  sector - the  commitment wasn't                                                               
strong enough ...."                                                                                                             
                                                                                                                                
REPRESENTATIVE THOMAS  expressed concern  that should there  be a                                                               
change in  the administration to  one "not as enthused  [with the                                                               
incentive program]," then the program might fail.                                                                               
                                                                                                                                
COMMISSIONER  SAMPSON  opined  that  clear,  written  regulations                                                               
would  ensure  this  doesn't  happen.     He  then  directed  the                                                               
committee's attention to the "Value  Table," which he referred to                                                               
as "the heart"  of the whole plan.  He  explained that the reason                                                               
they established  six levels of measurable  performance, shown on                                                               
the  table,  was  to  create enough  levels  whereby  the  growth                                                               
between the  levels was significant,  yet the  difference between                                                               
one level and another could still  be articulated.  He noted that                                                               
this incentive program does not  compensate for a year's worth of                                                               
growth,  only for  above  the "expected  growth,"  and the  Value                                                               
Table and Computing Index Table are  some of the tools that would                                                               
be used to chart student growth.                                                                                                
                                                                                                                                
11:25:28 AM                                                                                                                   
                                                                                                                                
CHAIR  NEUMAN,  referring  to   the  tables,  asked  Commissioner                                                               
Sampson if they  showed representation from a  variety of schools                                                               
such that "all schools feel that they're ... treated equal."                                                                    
                                                                                                                                
COMMISSIONER   SAMPSON   indicated  that   psychometricians   and                                                               
statisticians  were  used to  ensure  the  Value Table  "did  not                                                               
create an  unintended advantage for  small school,  large school,                                                               
rural, urban, one that had  a high population of disabilities, or                                                               
of an  ethnic group  [and] that  it was balanced  out."   He said                                                               
that the  program is based on  the "growth piece" and  not on any                                                               
predetermined target.                                                                                                           
                                                                                                                                
REPRESENTATIVE SALMON asked whether  the testing system currently                                                               
in  place isn't  adequately sufficient  in determining  whether a                                                               
student graduated or not.                                                                                                       
                                                                                                                                
COMMISSIONER SAMPSON  agreed that there currently  is a mechanism                                                               
in place to determine if a  student is eligible for a high school                                                               
diploma  and  that  is  the High  School  Qualifying  Exit  Exam.                                                               
Additionally, he  said that schools  are required under  No Child                                                               
Left Behind (NCLB) to make a  determination as to "whether or not                                                               
schools  are  being  accountable  and  meeting  AYP."    However,                                                               
neither  of these  requirements, he  clarified, are  connected to                                                               
the  proposed incentive  program, which  is one  that values  and                                                               
recognizes  outstanding  performance  by  school  employees  when                                                               
students achieve more than a year's worth within a given year.                                                                  
                                                                                                                                
11:28:41 AM                                                                                                                   
                                                                                                                                
CHAIR   NEUMAN   asked   whether   the  over   10,000   kids   in                                                               
correspondence programs  qualified for this incentive  program as                                                               
well.                                                                                                                           
                                                                                                                                
COMMISSIONER SAMPSON explained that  any recognized school, which                                                               
is required  to participate in the  spring assessments, including                                                               
the  correspondence schools,  would  qualify  for this  incentive                                                               
program.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  LYNN,  in noting  that  this  program is  like  a                                                               
carrot  being offered  to entice  students to  improve, asked  if                                                               
there was a  "stick" that would then require money  be taken away                                                               
[from schools] in the event that students don't improve.                                                                        
                                                                                                                                
COMMISSIONER  SAMPSON   remarked  that  there  are   already  two                                                               
different methodologies  for "carrot and stick,"  though they are                                                               
not part  of the incentives  package.   The stick "has  been NCLB                                                               
and not meeting AYP" with  the consequences required by the state                                                               
and federal  government, he explained,  and Alaska has  built the                                                               
carrot through this [proposed incentive program].                                                                               
                                                                                                                                
11:30:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE THOMAS, observing that  state boarding schools are                                                               
included  in the  incentive program,  expressed  his belief  that                                                               
teachers at Mt.  Edgecumbe High School, a  state boarding school,                                                               
"would be  getting bonuses  all the time  ... because  they high-                                                               
grade the  students."   He commented  that if  he were  a teacher                                                               
under  this incentive  program,  he would  prefer  teaching at  a                                                               
state-run boarding school.                                                                                                      
                                                                                                                                
COMMISSIONER  SAMPSON clarified  that  Mt.  Edgecumbe would  have                                                               
zero  advantage  over  any other  school  because  the  incentive                                                               
program  is  based  on  growth.   He  exampled  that  should  Mt.                                                               
Edgecumbe have  top-performing students, the only  way the school                                                               
and  [its] staff  would  earn  the bonus  incentive  would be  to                                                               
maintain those students at the  advanced level.  Furthermore, Mt.                                                               
Edgecumbe would  have no  better chance than  a school  with very                                                               
low-performing students  that advance  a level.   In  response to                                                               
Representative Salmon's  question regarding how to  keep politics                                                               
out of  the incentive  program, he  explained that  the statewide                                                               
test  given  annually  in  April  is  the  only  instrument  that                                                               
[measures  student achievement]  and "nobody  has influence  over                                                               
what that instrument  looks like."  However, he  relayed the hope                                                               
that school  staff will  collaborate on  ways to  meet individual                                                               
student needs which could result in higher scores for students.                                                                 
                                                                                                                                
CHAIR  NEUMAN   commented  that  new  Internet   Technology  (IT)                                                               
programs  are  on  the  horizon   that  will  allow  teachers  of                                                               
different subjects to keep informed of each other's programs.                                                                   
                                                                                                                                
11:33:24 AM                                                                                                                   
                                                                                                                                
COMMISSIONER SAMPSON  directed the  committee's attention  to the                                                               
"Computing Index"  on page 5,  which shows how the  "School Index                                                               
Score"  is  determined by  averaging  the  sum of  all  students'                                                               
progress points for  that year.  An average score  over 100 would                                                               
indicate that  a school had attained  one year of growth  for its                                                               
students, he  said, and staff  would be awarded according  to the                                                               
level reached, ranging from "Strong" to "Outstanding."                                                                          
                                                                                                                                
REPRESENTATIVE   LYNN,  referring   to  the   "Performance  Level                                                               
Incentive" table showing the  monetary award for non-certificated                                                               
staff,  opined that  teacher  aides often  performed  as well  or                                                               
better than the  teachers and asked why they  wouldn't be awarded                                                               
the same, or close to the same amount as teachers.                                                                              
                                                                                                                                
COMMISSIONER SAMPSON  agreed with Representative Lynn  that there                                                               
are outstanding  aides.  However, he  said, "We didn't feel  as a                                                               
state we  had the ability to  make those decisions site  by site.                                                               
The  way  we  came  up  with the  differences,  is  we  looked  -                                                               
generally speaking  - at the  amount that a  certificated teacher                                                               
makes  versus a  non-certificated teacher  and held  those ratios                                                               
through."                                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  asked for  further clarification  that would                                                               
address the "equity" of the awarded amounts to teacher aides.                                                                   
                                                                                                                                
11:39:21 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN expressed  his belief that though  schools are proud                                                               
of  their accomplishments,  they  might  perceive this  incentive                                                               
program  as another  means of  creating a  stigma for  particular                                                               
schools.  He asked whether there  was a way to apply this program                                                               
statewide  so   that  education  communities  and   staff  aren't                                                               
fighting a stigma and don't feel singled out.                                                                                   
                                                                                                                                
COMMISSIONER SAMPSON observed that if  the incentive just went to                                                               
everyone, it would  be a formula program instead  of an incentive                                                               
program "unless it  was an incentive that says, 'when  all of the                                                               
schools in  our state  show enough  growth, there's  an incentive                                                               
for every employee across the  entire state'."  He suggested that                                                               
schools working  really hard to  meet AYP  but not able  to reach                                                               
that target, "are champions" who  worked hard to advance students                                                               
and whose  efforts would be  recognized and awarded  through this                                                               
incentive  program.    He  informed the  committee  that  EED  is                                                               
currently working  with the  U.S. Department  of Education  to be                                                               
one of  the very few  states allowed  to use growth  to determine                                                               
whether  or not  a  school  does meet  AYP.    "Growth is  what's                                                               
important, not the stats," he claimed.                                                                                          
                                                                                                                                
CHAIR NEUMAN  asked whether there  was any mechanism in  place to                                                               
evaluate the program at a future point in time.                                                                                 
                                                                                                                                
COMMISSIONER  SAMPSON said  he didn't  believe there  was and  in                                                               
acknowledging  the  possibility   of  unintended  outcomes,  said                                                               
adjustments  could  be made  as  needed.    Then in  response  to                                                               
Representative Salmon's  question regarding the costs  of running                                                               
the program,  explained that the  department prepared  a floating                                                               
fiscal  note where  $3 million  would be  awarded at  the highest                                                               
level  possible or,  should  25 percent  of  school employees  be                                                               
awarded, it would  reflect a $15 million fiscal note.   He opined                                                               
that  the approximate  $900 million  currently spent  through the                                                               
foundation formula  is "a  lot" but not  a guarantee  of [student                                                               
growth] as is intended with this program.                                                                                       
                                                                                                                                
11:45:39 AM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN  asked whether  the department  has ever  prepared a                                                               
working model that would show  the cost of running this incentive                                                               
program,  say, five  years earlier  and also  show which  schools                                                               
would have received awards for that given year.                                                                                 
                                                                                                                                
COMMISSIONER  SAMPSON said  that although  this was  attempted by                                                               
the psychometrician,  different assessment  systems were  used in                                                               
the past and any conversions to  them may have created models not                                                               
entirely  accurate.   He highlighted  that  the resulting  models                                                               
show  that 19  schools would  have reached  the highest  level of                                                               
compensation,  and  that  those   schools  were  well  dispersed:                                                               
large,  small, rural,  and urban.   At  the request  of providing                                                               
copies  of the  findings to  the committee,  Commissioner Sampson                                                               
explained that it  would not be fair to disseminate  this by name                                                               
of school but could do  so without naming the particular schools.                                                               
He  expressed,  however, that  he  would  be "very  uncomfortable                                                               
suggesting that the past, without  the incentive component, would                                                               
be any projection  of what the future would be  with an incentive                                                               
component."                                                                                                                     
                                                                                                                                
CHAIR NEUMAN, observing  that janitors would be  included in this                                                               
program, asked  whether "outsourcing" these positions  would have                                                               
an effect.                                                                                                                      
                                                                                                                                
COMMISSIONER  SAMPSON explained  that  the language  of the  bill                                                               
specifically addresses  that those eligible for  the program must                                                               
be  "employed" at  the school,  not "contracted"  and highlighted                                                               
that this is a "school"  incentive program, not a "district" one.                                                               
He further explained that any  staff not employed the entire year                                                               
at an  awarded school or  who worked  part time, would  receive a                                                               
prorated incentive.                                                                                                             
                                                                                                                                
11:50:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SALMON  asked how  the  program  works with  home                                                               
school teachers.                                                                                                                
                                                                                                                                
COMMISSIONER SAMPSON  explained that  if the home  school student                                                               
is part of a home school  program funded by the state, then those                                                               
teachers would be  eligible for the incentives just  as brick and                                                               
mortar teachers.  Furthermore, should  a student attend part time                                                               
at both schools, the possible  incentive would be split among the                                                               
schools according to the time spent at the each.                                                                                
                                                                                                                                
11:52:29 AM                                                                                                                   
                                                                                                                                
COMMISSIONER  SAMPSON  recapped   the  differences  between  this                                                               
incentive program  to those implemented  in the past.   He opined                                                               
that although the state could  design programs for schools on how                                                               
to effectively  teach kids, "the  people who are going  to figure                                                               
it  out  best  are  the  people that  live  in  those  individual                                                               
communities and  [work in] those  individual schools.   They know                                                               
what makes those  kids tick ... and what those  issues are in the                                                               
community."   He suggested that  with the 500 schools  in Alaska,                                                               
there  would be  500  different approaches.    He confirmed  that                                                               
Representative  Lynn was  correct in  his understanding  that the                                                               
funding  for incentives  would  be in  addition  to the  existing                                                               
foundation funding for schools.                                                                                                 
                                                                                                                                
CHAIR  NEUMAN  asked  whether  other  states  are  doing  similar                                                               
incentive programs.                                                                                                             
                                                                                                                                
COMMISSIONER SAMPSON  informed the  committee that 20  states are                                                               
currently  considering implementing  an  incentive model  similar                                                               
to,  but not  mirroring the  one being  proposed in  Alaska.   He                                                               
noted that the  model in Little Rock, Arkansas is  closest to the                                                               
Alaska  model  in   that  it's  based  on   measuring  growth  in                                                               
individual students.   However,  he said,  the incentives  in the                                                               
Little  Rock  program are  based  on  the success  of  individual                                                               
teachers in  how well  they move their  students forward,  not by                                                               
the  success  of  the  host  school  as  with  Alaska's  proposed                                                               
program.  The former approach  can result in teachers not sharing                                                               
successful   teaching   strategies   with  other   teachers,   he                                                               
explained,  and  this  competitive   element  is  not  wanted  in                                                               
Alaska's model in  which the sharing of  successes is encouraged.                                                               
He  confirmed  that at  this  point  in time,  Alaska's  proposed                                                               
incentive program is unique.                                                                                                    
                                                                                                                                
11:56:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  THOMAS asked  whether  yearly  testing was  built                                                               
into the proposed plan to measure student progress.                                                                             
                                                                                                                                
COMMISSIONER SAMPSON  said that  there is a  standards-based test                                                               
given  every  year  which  was  adopted by  the  State  Board  of                                                               
Education and  Early Development,  approved by the  United States                                                               
Department of  Education, and required  under NCLB.   These tests                                                               
are  evaluated  several ways  but  are  not assigned  grades,  he                                                               
explained, and whatever method is chosen is used statewide.                                                                     
                                                                                                                                
11:58:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SALMON asked whether  this incentive program would                                                               
require hiring additional EED employees.                                                                                        
                                                                                                                                
COMMISSIONER SAMPSON said this would  depend on the percentage of                                                               
awarded incentives.   If the  number was under 25  percent, there                                                               
would be  no effect on the  department, he explained, and  yet an                                                               
increase  over   25  percent  would  require   hiring  additional                                                               
employees to process and disperse  incentive payments.  In answer                                                               
to the  question of who  issues the  student tests, he  said that                                                               
every  district  already  has  approved  "assessment  givers"  on                                                               
board.                                                                                                                          
                                                                                                                                
REPRESENTATIVE LYNN inquired whether  it would be "appropriate to                                                               
put  a  sunset on  this"  to  measure  the effectiveness  of  the                                                               
program.                                                                                                                        
                                                                                                                                
COMMISSIONER SAMPSON agreed that this would "be a great idea."                                                                  
                                                                                                                                
12:00:40 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE LYNN  made a motion to  adopt Conceptual Amendment                                                               
1, to  "put a  sunset on  this at  five years."   There  being no                                                               
objection, Conceptual Amendment 1 was adopted.                                                                                  
                                                                                                                                
CHAIR NEUMAN asked Commissioner  Sampson to prepare the necessary                                                               
wording  to  include  a  sunset provision  and,  in  response  to                                                               
Representative Lynn, said  that three to five  years is generally                                                               
the timeframe given to sunset periods.                                                                                          
                                                                                                                                
12:01:27 PM                                                                                                                   
                                                                                                                                
CHAIR NEUMAN announced that HB 364 would be held over.                                                                          

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