Legislature(1997 - 1998)

04/15/1997 01:48 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 146                                                           
                                                                               
       "An Act relating to competency testing requirements for                 
       secondary  students;  and  providing for  an  effective                 
       date."                                                                  
                                                                               
  LYNNE  SMITH,  STAFF,  REPRESENTATIVE  BUNDE,  testified  in                 
  support  of  HB 146.   She  asserted  that many  high school                 
  graduates  are finishing  school and  receiving high  school                 
  diplomas  without  the skills  necessary  to survive  in the                 
  world.                                                                       
                                                                               
  Ms. Smith noted that over twenty states  now conduct student                 
  competency tests for  a standard high  school diploma.   The                 
  students in these  states must  pass a test  with a  minimum                 
  score before  they are  allowed to  graduate.   Three states                 
  also have an exit  exam for an "Endorsed Diploma."   To earn                 
  this, the students not only have to pass the  test, but must                 
  score  at  a  designated  level,  higher  than  the  minimum                 
  required  for  a  regular diploma.    "Honors  Diplomas" are                 
  awarded in three states for higher testing levels.                           
                                                                               
  Ms. Smith observed  that under the  provisions of CS HB  146                 
  (HES),  a  student   is  required   to  pass  a   competency                 
  examination in the  areas of reading, English,  mathematics,                 
  science, Alaska and United States history before receiving a                 
  high school  diploma.   The test  would be  selected by  the                 
  Department  of  Education.     A   pupil  who  failed   this                 
  examination  and was  no longer  in attendance  would  get a                 
  certificate of attendance.  It  would indicate the number of                 
  years of attendance, but would also  show that the pupil has                 
  neither  passed  a  competency  examination nor  received  a                 
  diploma.  The  pupil would  have the opportunity  to be  re-                 
  examined,  within  three  years after  the  pupil  left high                 
  school.                                                                      
                                                                               
                                2                                              
                                                                               
                                                                               
  Representative Martin  provided  members  with  Amendment  1                 
  (copy on file).   He  noted that the  amendment would  begin                 
  testing earlier.                                                             
                                                                               
  NANCY BUELL,  DIRECTOR, DIVISION  OF  TEACHING AND  LEARNING                 
  SUPPORT explained that it is important  for students to have                 
  multiple opportunities to take the test and be remediated.                   
                                                                               
  Co-Chair  Therriault  summarized  that  the  test  would  be                 
  administered  to earlier  grades so  that there  would be  a                 
  number of years for students to be brought up to speed.                      
                                                                               
  Ms.  Buell  noted   that  the  Department  could   not  only                 
  administer  the  test   in  the  senior  years.     Co-Chair                 
  Therriault observed that  the test would be  administered in                 
  grades 9 through 12.                                                         
                                                                               
  Representative Mulder  noted that  the committee  substitute                 
  would test United States and Alaska history.                                 
                                                                               
  Ms. Buell noted that social science tests are developmental.                 
  She stressed  that social  science is  a broad  field.   She                 
  stated  that social  science tests  are more  complex.   She                 
  emphasized that it would  be difficult to estimate  the cost                 
  of these tests.                                                              
                                                                               
  Representative  Mulder  spoke  in  support   of  testing  in                 
  mathematics, English and  reading.  He  failed to see how  a                 
  diploma  could be  denied to a  child that  did not  have an                 
  understanding of Alaska  history.   Ms. Buell observed  that                 
  the  Department  cautioned  against  the  inclusion  of this                 
  subject area.                                                                
                                                                               
  Representative  Martin maintained  that  the development  of                 
  humanity and  civilization are  basic subjects.   He  stated                 
  that the Department  of Education should be able to evaluate                 
  the students.  He noted that Amendment 1 would test children                 
  in grades  4, 8 and 11,  and make sure remedial  courses are                 
  available.                                                                   
                                                                               
  Ms. Buell clarified that the Department of Education doesn't                 
  have  the  expertise to  develop  tests that  will withstand                 
  legal scrutiny,  from the state  level, to  deny a  diploma.                 
  She  observed that  teachers  throughout  the districts  are                 
  adequately testing  competency.  She  emphasized that  there                 
  are no mandated curriculums or standards in the State.                       
                                                                               
  Representative Kelly questioned  why there  is a three  year                 
  limit on the test.  Ms. Smith observed that the Sponsor felt                 
  that it  would be a good idea to  enable the student to have                 
  another chance.  She observed that Representative Bunde felt                 
                                                                               
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  that three years was  a reasonable amount of time  to retake                 
  the test.                                                                    
                                                                               
  Representative Kelly spoke in support  of extending the time                 
  that a student could take the test.                                          
                                                                               
  Representative Grussendorf noted that good  students may not                 
  be able  to pass the  test.  He  asked what would  happen to                 
  children that cannot pass  the test.  Ms. Buell  stated that                 
  the Department is  concerned about students that do not pass                 
  the test.   She  observed that  studies in  Texas show  that                 
  adequate students have  dropped out of school  after failing                 
  the  test,  due  to test  anxiety  or  other  reasons.   She                 
  stressed  that  students  that  could succeed  in  secondary                 
  education will fail the test due to other factors.                           
                                                                               
  Representative Grussendorf stated that the system  sometimes                 
  fails in the delivery of the initial skills, such as reading                 
  and writing.                                                                 
                                                                               
  Co-Chair  Hanley  clarified that  the legislation  would not                 
  affect GED's.  Ms. Buell noted that GED's cannot be given to                 
  anyone who  is currently in  school.  Co-Chair  Hanley noted                 
  that  the student  has  three years  after  they leave  high                 
  school to pass  the test.   He felt that  three years was  a                 
  reasonable extension.                                                        
                                                                               
  Ms. Buell noted that other states  have begun testing in the                 
  8th or 9th grades.  She stated that it takes 3 to 4 years to                 
  get everyone through the test.  She added that there will be                 
  a substantial dropout rate following  the institution of the                 
  test.                                                                        
                                                                               
  Co-Chair Hanley stated that  it is clear that  testing needs                 
  to start earlier.   He maintained that if able  students are                 
  failing the test  then the test is flawed.   He stated that,                 
  ideally, it would  be up to each individual school district,                 
  starting in  the first  grade, to  make sure  their students                 
  were trained.   He observed  that the question  is "at  what                 
  place do we as a State mandate, so that the school districts                 
  that aren't doing their jobs are forced to do have a test."                  
                                                                               
  Representative Davis expressed concern  that the test  would                 
  compete with the  GED program.  He asked how  the content of                 
  the test would relate to the GED test.                                       
                                                                               
  Co-Chair Therriault noted  that pupils have to  meet all the                 
  requirements of  high school and pass the test to get a high                 
  school diploma.                                                              
                                                                               
  JAMES  POPHAM, IOX ASSESSMENT  ASSOCIATES testified  via the                 
  teleconference network.   He  stated that  he has  developed                 
                                                                               
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  assessment  tests  and  has  testified regarding  assessment                 
  tests.  He  explained that the motivation  behind assessment                 
  tests is to increase  the caliber of the education  that the                 
  State's children are receiving.  He observed that Alaska  is                 
  in  a  position  to profit  from  the  experiences  of other                 
  states.   He emphasized that the  nature of the test  is the                 
  most  important  issue.   He maintain  that  if the  test is                 
  inappropriate or  cheaply purchased that education in Alaska                 
  will not benefit.                                                            
                                                                               
  Mr. Popham explained  that the  tests measure the  important                 
  knowledge and skills  that legislators  think a high  school                 
  student  ought  to possess  before  receiving a  high school                 
  diploma.   He stated that  if the test  conceptualizes those                 
  skills  in  a manner  that  the  teachers of  the  state can                 
  address  then  the  test  becomes  a  powerful  catalyst  to                 
  improving the quality  of the instruction.   If the test  is                 
  not well designed  it can be  an impediment to high  quality                 
  instruction.   The test  functions as  a curriculum  magnet.                 
  Whatever is assessed becomes a target of instruction for the                 
  state's teachers.  He cautioned  against an "off the  shelf"                 
  test,  such as  a standardized achievement  test.   He noted                 
  that these tests are not  designed as instructional targets.                 
  He observed  that these tests  cannot be defended  in court.                 
  He  stated  that it  costs  between $150  and  $250 thousand                 
  dollars to develop a  test per subject matter.   He stressed                 
  that this level  of funding  has to be  available to  assure                 
  that the test will withstand litigation.                                     
                                                                               
  Co-Chair  Hanley  observed  that HB  146  provides  that the                 
  Department of  Education develop  and  score the  test.   He                 
  asked what areas are the most commonly tested.                               
                                                                               
  Mr.  Popham cautioned against installing measures of content                 
  that  would  not be  considered  mainline for  United States                 
  citizens to possess, such as Alaska history.  He stated that                 
  it would be a violation of a child's constitutional right to                 
  be  refused  a diploma  for  not  passing a  test  on Alaska                 
  history.   He  observed that  most tests  focus on  reading,                 
  language arts and  mathematics.   Newer tests have  included                 
  science and social studies.   He noted that the  first tests                 
  were developed to  assess basic skills. He  noted that there                 
  are  four  major areas  reading/language  arts, mathematics,                 
  science, and social studies.                                                 
                                                                               
  In  response  to a  question  by Representative  Martin, Mr.                 
  Popham  noted   that  tests  have  been   installed  because                 
  legislators did not  believe that students were  receiving a                 
  proper  education.   Tests  have  been  used as  a  lever to                 
  increase quality.  He  cautioned that the installation of  a                 
  badly conceived test has negative impacts.                                   
                                                                               
                                                                               
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  Representative Martin noted that  legislators are expressing                 
  the frustration  of parents,  employers and  colleges.   Mr.                 
  Popham  agreed that citizens  have cried out  for the tests.                 
  He  noted  that  tests,  that  are built  properly,  benefit                 
  structural  planning decisions  and improve  the quality  of                 
  schooling.                                                                   
                                                                               
  Representative Mulder asked if the scope was limited to only                 
  reading, writing, and  mathematics, would  the State have  a                 
  more defensible test.   Mr.  Popham indicated that  limiting                 
  the subject matter would make it easier to build first rate,                 
  legally defensible  tests.   He  noted that  there has  been                 
  ample experience  and guidance in the area  of basic skills.                 
  He observed that the work of other states could be used.                     
                                                                               
  Mr.  Popham  noted  that  educators  and non-educators  must                 
  review each item  for bias.   Representatives of  individual                 
  minority groups must  review each item.  He  emphasized that                 
  it is too important not to do the job well.                                  
                                                                               
  Representative Mulder asked if the State would save money by                 
  limiting the scope.  Mr. Popham  agreed that the State would                 
  save money by  limiting the scope.   He emphasized that  any                 
  time an exotic  area, such as social  studies, is considered                 
  the cost is greater.  He  noted that social studies includes                 
  history, geography and government.   He recommended that the                 
  State start with what is well known.                                         
                                                                               
  Representative Martin maintained  that if a person  is going                 
  to be a  full citizen of  America they must  learn the  full                 
  political process.                                                           
                                                                               
  (Tape Change, HFC 97-97, Side 2)                                             
                                                                               
  Mr.  Popham  observed  that the  inclusion  alone  of social                 
  studies as  a test  area would  not be  contested in  court.                 
  However,  if  the  test  was  not properly  developed,  with                 
  involvement of  all concerned constituencies, it  could lead                 
  to   a  court  challenge.     He  stated   that  tests  cost                 
  approximately  $200 to  $250  thousand  dollars per  subject                 
  area.                                                                        
                                                                               
  Co-Chair Hanley stated that the intent is to test for skills                 
  versus understanding.  He observed that the ability  to read                 
  allows  learning  in a  lot  of  areas.   He  emphasized the                 
  benefit  of verbal and written  communication.  He asked how                 
  often tests should be issued.                                                
                                                                               
  Mr. Popham  recommended that  the  law not  include all  the                 
  details.  He stated that students should be given four years                 
  notice that they  are going  to master the  skills that  are                 
  going to be tested.  He observed that no state has been able                 
                                                                               
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  to  require  testing  with  less  than three  years  notice.                 
  Students should begin  testing in the ninth  or tenth grade.                 
  Multiple forms of the test are needed.                                       
                                                                               
  Co-Chair Therriault summarized that the  first test would be                 
  offered to ninth graders two years from now.  The test would                 
  be phased in over four years.                                                
                                                                               
  Mr.  Popham  stated  that  parents  and children  should  be                 
  notified in advance  of the  first test.   He observed  that                 
  some  lawsuits   have  claimed  that   students  have   been                 
  emotionally marked by doing bad on  the first test.  Parents                 
  should be given a sample test.                                               
                                                                               
  Representative Martin emphasized  that parents and educators                 
  need to be responsible.  Mr. Popham stated that teachers and                 
  administrators  do not  like  testing.   He agreed  that the                 
  focus  should be  on the  educational  delivery system.   He                 
  stressed that the notion is to have reform stimulated by the                 
  tests.                                                                       
                                                                               
  Representative Grussendorf observed  that many tests  depend                 
  on  memory.    He asked  if  a  true  skills  test could  be                 
  constructed.                                                                 
                                                                               
  Ms.  Buell stated that the Department  of Education does not                 
  have the expertise to  construct the test.  She  referred to                 
  the Alaska Student Content Standards.  She observed that the                 
  standards address learning in a more sophisticated way.  She                 
  stated that the CAT 5 could not be used as an exit exam.                     
                                                                               
  Representative Martin MOVED  to adopt  Amendment 1 (copy  on                 
  file).     He  observed  that  the   amendment  incorporates                 
  recommendations by Anchorage  educators.  Amendment  1 would                 
  assess students at grades 4, 8 and 11.   The amendment would                 
  also require intervention  plans to  be developed to  assist                 
  students whose  assessments  reveal they  have not  mastered                 
  skills required for the exit exam.                                           
                                                                               
  Co-Chair  Therriault  noted  that  there  will  be  multiple                 
  chances for students to be tested.   He observed that school                 
  districts can implement testing at earlier grades.  He asked                 
  if  the  fiscal  impact  of  remedial instruction  had  been                 
  considered.  Representative Martin responded that he did not                 
  know the impact of remedial instruction requirements.                        
                                                                               
  Co-Chair Therriault  reiterated that  testing will  occur in                 
  grades 9 through  12.   Representative Martin stressed  that                 
  testing should begin in earlier grades.                                      
                                                                               
  Ms.  Buell  explained that  the  Department will  have bench                 
  marks available to  school districts, of what  students will                 
                                                                               
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  need to know  in each grade.   Co-Chair Therriault  observed                 
  that most states administer exit tests in high school.                       
                                                                               
  Co-Chair  Hanley   noted  that  under   the  amendment   the                 
  Department of Education would determine the examination, but                 
  the district would set their  own standards.  Representative                 
  Martin responded that  perhaps the  Department of  Education                 
  would be a better facilitator.                                               
                                                                               
  Co-Chair Therriault  pointed out  that individual  districts                 
  can do what they want to  prepare their students.  The State                 
  establishes the hurdle for graduation.                                       
                                                                               
  Representative Martin noted frustration by teachers.                         
                                                                               
  A roll call vote  was taken on the MOTION to adopt Amendment                 
  1.                                                                           
                                                                               
  IN FAVOR: Martin, Grussendorf, Foster, Kohring, Kelly                        
  OPPOSED:  Mulder, Davis, Hanley, Therriault                                  
                                                                               
  Representatives Moses and Davies were absent from the vote.                  
                                                                               
  The MOTION PASSED (5-4).                                                     
                                                                               
  Representative Mulder discussed Amendment  2 (copy on file).                 
  Amendment   2  would  delete  the  requirement  for  testing                 
  science,  and social science.   He stated that the amendment                 
  would  leave in  the  basic areas  of  reading, writing  and                 
  mathematics.  He  stressed that  the amendment would  reduce                 
  the fiscal note and future litigation costs.                                 
                                                                               
  Representative Kelly MOVED to rescind the Committee's action                 
  in adopting  Amendment 1.    Representative Kelly  expressed                 
  concern with the fiscal cost of  the amendment.  There being                 
  NO OBJECTION, it was so ordered.                                             
                                                                               
  Representative Martin spoke  in support of Amendment  1.  He                 
  maintained that the amendment will  be minor in relationship                 
  to the failure  of students  in earlier school  years.   Co-                 
  Chair Therriault  asserted that  establishment  of the  test                 
  will cause school districts to reevaluate their students.                    
                                                                               
  Representative  Davis emphasized  that  the legislation  has                 
  been drafted around other states'  experiences.  He stressed                 
  that  the   amendment  should  be   addressed  in   separate                 
  legislation.   He stated that  the legislation is  the first                 
  step.   Representative  Mulder agreed  that  HB 146  is  the                 
  starting point from which to expand.   He emphasized that if                 
  the legislation  is too broad and encompassing it will fail.                 
                                                                               
                                                                               
                                8                                              
                                                                               
                                                                               
  A roll call vote was taken on  the MOTION to adopt Amendment                 
  1.                                                                           
                                                                               
  IN FAVOR: Grussendorf, Kohring, Martin                                       
  OPPOSED:  Mulder,    Davis,     Foster,    Kelly,     Moses,                 
  Hanley,             Therriault                                               
                                                                               
  Representative Davies was absent from the vote.                              
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  Representative Mulder  MOVED to  adopt Amendment  2.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Representative Mulder asked if the Department of Education's                 
  fiscal note could  be revised  downward.   Ms. Buell  stated                 
  that the Department's  fiscal note was underestimated.   She                 
  stressed that the fiscal note is conservative.  She observed                 
  that the fiscal  note did  not anticipate implementation  of                 
  tests for two  years.  She  observed that funding should  be                 
  transferred from personal services to  the contractual line.                 
  She stressed the need for expertise.   She did not think the                 
  fiscal  impact  of the  first year  would  be changed.   She                 
  emphasized that  if the test  security is lost it  has to be                 
  redeveloped and reprinted.                                                   
                                                                               
  In  response to a question by Co-Chair Therriault, Ms. Buell                 
  stated   that   additional   clerical   support  should   be                 
  maintained.  She  noted that  Department of Education  staff                 
  has  to  oversee   security,  confidentially,  scoring,  and                 
  transmission of  data.  She estimated that  one higher level                 
  staff  person could  be eliminated.   She observed  that the                 
  Department of  Education currently  has one  person for  all                 
  assessment tests, with no clerical support.   She noted that                 
  this is  almost the only  general fund  position that  "does                 
  this kind  of thing".   Other positions  are supported  with                 
  federal funds.   She emphasized that  it is not possible  to                 
  redeploy staff from other tasks.                                             
                                                                               
  Co-Chair Hanley recounted that the cost to develop the  test                 
  is around $200 thousand dollars per  test.  He observed that                 
  reading and English  would be  one test.   He stressed  that                 
  only two tests would be developed.                                           
                                                                               
  Ms. Buell noted  that travel is necessary to  convene groups                 
  of people who will scrutinize the test.                                      
                                                                               
  Co-Chair Therriault noted that the educational specialist II                 
  position, at range 21A, costs $71,602 thousand dollars.   He                 
  suggested  that  this  amount   be  removed  from   personal                 
  services.   He stated  that he  would support  $400 thousand                 
  dollars in contractual.  Ms. Buell stated that this would be                 
                                                                               
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  the minimum amount needed.  She maintained that reading is a                 
  separate area from the rest of language arts.                                
                                                                               
  Representative Kohring  spoke against the  legislation.   He                 
  questioned  the cost  of the  legislation.  Ms.  Buell noted                 
  that Hawaii's assessment budget is $500 thousand dollars per                 
  year.  Hawaii's  student population is similar  to Alaska's.                 
  Representative  Kohring emphasized  the need  to  reduce the                 
  budget.                                                                      
                                                                               
  Ms. Buell stressed  that the Department of  Education cannot                 
  support the legislation if it is not adequately funded.                      
                                                                               
  In response to  comments by Representative Martin,  Co-Chair                 
  Therriault emphasized that  tests have  to be defensible  in                 
  court.                                                                       
                                                                               
  HB 146 was HELD in Committee for further consideration.                      
                                                                               
  (Tape Change, HFC 97-98, Side 1)                                             

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