Legislature(2007 - 2008)SENATE FINANCE 532

03/19/2008 09:00 AM Senate FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 1:00 pm --
+= SB 285 STATE INTERVENTION IN SCHOOL DISTRICT TELECONFERENCED
Moved CSSB 285(FIN) Out of Committee
+ SB 265 SEX OFFENDERS & CHILD KIDNAPPERS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 310 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Moved SCS CSHB 310(FIN) Out of Committee
+= HB 312 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Moved SC CSHB 312(FIN) Out of Committee
Amendments
           SENATE BILL NO. 285                                                                                                
                                                                                                                                
                   "An    Act     relating      to    the     power     and    duties      of    the                            
                   Department        of    Education       and     Early     Development         for                            
                   improving      instructional         practices      in   school     districts;                               
                   and providing for an effective date."                                                                        
                                                                                                                                
           Co-Chair        Stedman       addressed        the      intent      to     adopt      the                            
           Committee       Substitute,        hear    additional       testimony,        and   move                             
           the bill out of Committee.                                                                                           
                                                                                                                                
           Co-Chair      Hoffman      MOVED    to   ADOPT    a   committee      substitute       for                            
           SB 285, work draft 25-LS1522\K.                                                                                      
                                                                                                                                
           Co-Chair Stedman OBJECTED for discussion purposes.                                                                   
                                                                                                                                
9:23:13 AM                                                                                                                    
                                                                                                                                
Tim     Lamkin,      Staff,      Senator       Gary     Stevens,       presented       an                                       
overview      of  the    Committee      Substitute.         He  remarked      that    the                                       
changes      establish      criteria       under    which     the    department       may                                       
intervene       as    necessary       in    a   school     district       to    improve                                         
instructional          practices.           The    regulations         must     include                                         
(page 3, lines 15-25):                                                                                                          
                                                                                                                                
        (A)a    notice    provision       that    alerts     the   district      of   the                                       
        deficiencies        and     the    instructional         practice       changes                                         
        proposed by the department;                                                                                             
                                                                                                                                
        (B)an    end   date    for   departmental        intervention        after    the                                       
        district       demonstrates          three      consecutive         years      of                                       
        improvement        consisting       of   not    less     than    two    percent                                         
        increases       in    student      proficiency        on    standards-based                                             
        assessments       in   math,    reading,      and    writing     as   provided                                          
        in AS 14.03.123(f)(2)(A); and                                                                                           
                                                                                                                                
        (C)a    process     for   districts       to   petition      the   department                                           
        for     continuing        or     discontinuing          the     department's                                            
        intervention.                                                                                                           
                                                                                                                                
Mr.   Lamkin     mentioned       an   additional      change     on   page    5,   lines                                        
1-3,    that    specifies       the   department        to   direct     decisions      to                                       
those     with    supervisory        authority,       not    teachers.         Page    5,                                       
line    6,  in   regard     to  withholding        funds,    has   been    changed     to                                       
"redirect."                                                                                                                     
                                                                                                                                
Co-Chair       Stedman      WITHDREW      his    OBJECTION.        There     being     NO                                       
further OBJECTION, the work draft 25-LS1522\K was adopted.                                                                      
                                                                                                                                
9:26:04 AM                                                                                                                    
                                                                                                                                
Mr.   Lamkin     attributed       this    bill    to   the   Moore    vs.   the    State                                        
of   Alaska      case.       The   judge     in   that     case    determined       that                                        
where     schools      were    failing      in   math,     reading,      and    writing                                         
the    Legislature       was    failing      its   constitutional          mandate     to                                       
provide     a   meaningful      opportunity        to  receive     that    education.                                           
The    bill   attempts      to   give    the   department       further      delegated                                          
authority       to    step     in   on    behalf      of   the    Legislature         and                                       
           provide        guidance        to     those      districts        to     meet      their                             
           educational goals.                                                                                                   
                                                                                                                                
           Senator      Elton    thanked     the    bill    sponsor     who   went    out   of   his                            
           way    to   answer     the   previous      concerns      of   the    Committee.         He                           
           asked     Mr.    Jeans    if   anything       in   this    bill    would    allow     the                            
           department to change a teacher's contract.                                                                           
                                                                                                                                
           9:27:50 AM                                                                                                         
                                                                                                                                
           EDDY       JEANS,        DIRECTOR,         EDUCATION          SUPPORT        SERVICES,                               
           DEPARTMENT       OF   EDUCATION      AND   EARLY     DEVELOPMENT,       replied      that                            
           there      is     nothing      in     the     bill     that     would      allow      the                            
           department       to   change     a  teacher's       contract.        The   previously                                
           mentioned       portion,       page    5   lines    1-3,     mentioned      that     this                            
           will only deal with supervisory personnel.                                                                           
                                                                                                                                
           Senator      Olson    questioned       if   there    was    adequate      funding     for                            
           the personnel who will intervene in the school districts.                                                            
                                                                                                                                
           Mr.     Jeans     remarked      that     the    intent      is    to   redirect       the                            
           instructional         practices       in    reading,      writing,      and    math     to                           
           involve      collaborative        meetings      with   the    teachers,      using    the                            
           state's        online       informative         assessments,           as     well      as                           
           leadership         training       in    the     school      or    district.           The                            
           attached       fiscal      note    provides       for    district      coaches,       not                            
           counselors.                                                                                                          
                                                                                                                                
           9:29:58 AM                                                                                                         
                                                                                                                                
           Senator      Olson     asked    for    the   department's        plans     for   adding                              
           personnel when it is necessary for the intervention.                                                                 
                                                                                                                                
           Mr.    Jeans     replied     that     the   department       has    not    arrived      at                           
           that     level     of    intervention,         but    believed      the    department                                
           would     work     with    the    superintendent          and    the    school     board                             
           before making those decisions.                                                                                       
                                                                                                                                
           Senator      Thomas     appreciated       the    additional       information       from                             
           the department.                                                                                                      
                                                                                                                                
Co-Chair      Stedman      commented      that    this     bill    has   been    worked                                         
on by the department since the last committee meeting.                                                                          
                                                                                                                                
9:31:14 AM                                                                                                                    
                                                                                                                                
Senator Dyson MOVED to ADOPT Amendment 1:                                                                                       
                                                                                                                                
    Page 4, after line 18, add new subparagraphs:                                                                               
  (14) assure that all school board members                                                                                     
     (A) have adequate training defining the boards'                                                                            
        Responsibilities, authority, and assistance resources:                                                                  
        and                                                                                                                     
            (B) have ready access to legal, business, and                                                                       
        accounting                                                                                                              
    Consulting and guidance assistance.                                                                                         
           (15) assure that all school personnel and parents                                                                    
        have  access to                                                                                                         
          Information about available education choices                                                                         
        including, but not limited to                                                                                           
        (A) cyber schools;                                                                                                      
        (B) home schools;                                                                                                       
        (C) boarding schools;                                                                                                   
        (D) charter schools; and                                                                                                
        (E) tutoring.                                                                                                           
               (16) assure school personnel and parents know how                                                                
        to access the                                                                                                           
  Choices set forth in (15) above.                                                                                              
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Senator      Dyson     stressed      the    need    for    school      boards     to   be                                       
empowered       throughout       the    state.       He    remarked      that    school                                         
boards       can     often      feel     at     the     mercy      of    the     school                                         
administration         and    may    not   understand       their     authority       and                                       
responsibility.            This    amendment       assures     that     school     board                                        
members         have       the       training         to      understand           their                                        
responsibilities          and    authority.        Senator      Dyson    believed      in                                       
the   importance       of   school     boards     having     access     to  legal     and                                       
accounting       information.           He   specified      that     parents     should                                         
know    their     choices     and    how    to   access     them    under     No   Child                                        
Left Behind.                                                                                                                    
                                                                                                                                
           9:35:32 AM                                                                                                         
                                                                                                                                
           Mr.    Lamkin     considered       the   amendment       suggestions       already      on                           
           the    books.      He   remarked      that    including      these     changes     would                             
           broaden      the    intent     of    the    bill.       The    intent     is   for    the                            
           department       to   concentrate       on   the   instructional        practices       in                           
           school districts.                                                                                                    
                                                                                                                                
           Mr.    Jeans    agreed     that    this    bill    was    drafted     very    narrowly                               
           to address the issues raised in the Moore trial case.                                                                
                                                                                                                                
           9:37:12 AM                                                                                                         
                                                                                                                                
           Senator      Olson     asked     Mr.    Jeans     if    the    department       was     in                           
           favor of this amendment.                                                                                             
                                                                                                                                
           Mr.    Jeans    replied      that    the   department       was    not   in   favor     of                           
           this amendment.                                                                                                      
                                                                                                                                
           Senator       Huggins      inquired       about     the    training       the     school                             
           board receives.                                                                                                      
                                                                                                                                
           9:38:00 AM                                                                                                         
                                                                                                                                
           CARL     ROSE,      ALASKA     ASSOCIATION         OF   ALASKA      SCHOOL      BOARDS,                              
           appreciated        the   concern     of   the   amendment.        He   believed     that                             
           the    general     population       does    not   understand       the    function      of                           
           the     school     or    school      boards.        He    stressed       that    school                              
           boards      are    elected     but    often     work    on    a   volunteer      basis.                              
           Mr.     Rose     believed      that     Alaska      school      boards      were    well                             
           trained      in  their    role    to   advocate     for    children     in   providing                               
           a   quality      education      with    the    focus    on   student      achievement                                
           through effective local governance.                                                                                  
                                                                                                                                
           9:40:25 AM                                                                                                         
                                                                                                                                
           Co-Chair        Stedman       asked      Mr.     Rose     his     opinion       on    the                            
           amendment.                                                                                                           
                                                                                                                                
           Mr.    Rose    believed      that    good    training      was    already     provided                               
           to the school boards.                                                                                                
                                                                                                                                
Senator     Huggins      proposed     that    training      school    boards     were    a                                      
larger     issue    than    covered     by   this    bill.      The   bill    was   only                                        
meant    to   deal    with    failing     schools.        Mr.   Rose    replied     that                                        
school     boards      are   trained      but    when    school     districts       have                                        
been    identified        with    problems,       the   association        leadership                                           
and governance components would be happy to cooperate.                                                                          
                                                                                                                                
Senator      Elton     considered        the    amendment       a   problem       as   it                                       
could     be   read    that    the   legislature        was   trying     to   supplant                                          
the    training      role    of   the   Association        of   School     Boards     and                                       
shifting      the    training      to   the   Department       of   Education.         He                                       
wondered if Mr. Rose might have the same concern.                                                                               
                                                                                                                                
9:42:43 AM                                                                                                                    
                                                                                                                                
Mr.   Rose    agreed     it  concerned      him.      He  believed      a  large    part                                        
of    the     association's         responsibility          is    to    fulfill       the                                       
mission       of    training        school      boards.          He     thought       the                                       
amendment        could      pass     this     role     to    the     Department        of                                       
Education.                                                                                                                      
                                                                                                                                
Senator      Dyson     agreed     that     most    school      board     members      are                                       
doing    a   good    job,   but    questioned       if  they    really     understood                                           
their       authority        and     training        to     confront        a    school                                         
administration          who    may     not    be    doing     a    good     job.       He                                       
stressed       that     he    wanted     parents       to    have    the     training,                                          
information        and   tools    to   be   in   control     of   local    education.                                           
Senator      Dyson     believed       that     some    school      boards      are    not                                       
doing     their     job     and    are    often     actively       seduced      by    the                                       
school administration.                                                                                                          
                                                                                                                                
9:45:49 AM                                                                                                                    
                                                                                                                                
Senator      Thomas     referred      to    page    1,   line    13,    of   the    bill                                        
referring       to    "advisory       and    consultative         services      to    all                                       
public     school     governing      bodies    and    personnel."        He   believed                                          
this    might     answer     some    of   the    questions      set    forth     in   the                                       
amendment.                                                                                                                      
                                                                                                                                
Senator       Huggins       agreed      with      Senator       Dyson      about      the                                       
suggestions        reflected       in   the    amendment,        but   believed       all                                       
           school     boards     should    be   involved,      not   just    those    in   failing                              
           schools.                                                                                                             
                                                                                                                                
           9:47:24 AM                                                                                                         
                                                                                                                                
           Senator      Dyson    believed      it   was    clear    in   the    amendment      that                             
           it refers to all school boards.                                                                                      
                                                                                                                                
           Co-Chair Stedman MAINTAINED his OBJECTION.                                                                           
                                                                                                                                
           A   roll   call    vote   was    taken    on  the    motion    to   ADOPT    Amendment                               
           1.                                                                                                                   
                                                                                                                                
           IN FAVOR: Dyson                                                                                                      
           OPPOSED: Stedman, Hoffman, Olson, Huggins, Elkins, Thomas                                                            
                                                                                                                                
           The MOTION FAILED (1-6).                                                                                             
                                                                                                                                
           Senator Dyson MOVED to ADOPT Amendment 2:                                                                            
                                                                                                                                
                   Page 3, after line 11 add new subparagraph:                                                                  
                   (16)       audit       schools         for      compliance           with       AS                           
                   14.33.120,and   provide a                                                                                    
                   Report on the results to all parents of students in                                                          
                   the     respective schools.                                                                                  
                                                                                                                                
           Co-Chair Stedman OBJECTED for discussion purposes.                                                                   
                                                                                                                                
           9:49:15 AM                                                                                                         
                                                                                                                                
           Senator      Dyson     reported       that    earlier      legislation        required                               
           every     school     to   go    through     a   process      with    parents      giving                             
           them     an   opportunity       to    decide     and   direct      the   handling       of                           
           school      disciplinary        and   safety      issues.       The    collaborative                                 
           decisions       would    then    become    part    of   the   school    disciplinary                                 
           and    safety     standard.         Senator      Dyson     maintained       that     most                            
           schools      ignore     these     decisions      and    very    few   are    following                               
           the    law.      He   wanted     to   make    sure    that    parents      know    about                             
           this process.                                                                                                        
                                                                                                                                
           Senator      Elton    referenced       a  part    of   the   bill    -  page    3,   line                            
           9   -   that    required      the    reporting       of   information        regarding                               
school     disciplinary        and   safety    programs.        He   commented      that                                        
there was no need for this amendment.                                                                                           
                                                                                                                                
9:51:43 AM                                                                                                                    
                                                                                                                                
Mr.    Jeans     answered       that     Senator      Elton     was    correct      that                                        
there       is     already       a     requirement          for     reporting         the                                       
information         to   the     department.           The    school      boards      are                                       
required      to   adopt    a   written     school     disciplinary        and   safety                                         
program      and   report     any   disciplinary        action     they    took    under                                        
their program to the Department of Education.                                                                                   
                                                                                                                                
Mr.    Lamkin      reiterated        that     this     bill     has    been     tightly                                         
drafted      to   address     a   particular       situation      and    he   does    not                                       
think     this     amendment       is   relevant       to   the    intent      for    the                                       
bill.                                                                                                                           
                                                                                                                                
9:53:40 AM                                                                                                                    
                                                                                                                                
Senator      Dyson     requested       an    analysis       from    the    department                                           
showing      that     parents       have    participated         in    the    school's                                          
process for learning, disciplinary actions, or safety.                                                                          
                                                                                                                                
Co-Chair      Stedman     requested      the    Department      of   Education      look                                        
into    Senator     Dyson's      questions      and    send   the    information       to                                       
the Committee.                                                                                                                  
                                                                                                                                
Mr. Lamkin agreed to provide that information.                                                                                  
                                                                                                                                
Senator      Dyson    stressed      that    this    amendment       just    calls     for                                       
an    audit      and     to    make     sure     that     parent's        rights      are                                       
protected under the law.                                                                                                        
                                                                                                                                
Co-Chair Stedman MAINTAINED his OBJECTION.                                                                                      
                                                                                                                                
A  roll    call    vote   was   taken    on   the   motion     to  ADOPT     Amendment                                          
2.                                                                                                                              
                                                                                                                                
IN FAVOR: Dyson                                                                                                                 
OPPOSED: Olsen, Thomas, Elton, Huggins, Stedman, Hoffman                                                                        
                                                                                                                                
The MOTION FAILED (1-6).                                                                                                        
                                                                                                                                
           9:55:58 AM                                                                                                         
                                                                                                                                
           Mr.    Jeans    referred      to   the   fiscal     note    for   $538,000      for   the                            
           intervention          between      school       districts        and    $25,000       for                            
           travel and supplies.                                                                                                 
                                                                                                                                
           AT EASE:               9:56:35 AM                                                                                  
                                                                                                                                
           RECONVENED:            9:57:37 AM                                                                                  
                                                                                                                                
           Co-Chair       Stedman      requested       that     Mr.    Jeans     explained       the                            
           fiscal note to the operating budget.                                                                                 
                                                                                                                                
           Mr.     Jeans     reported       that     in    the     department's         operating                               
           budget     there     is  a   request     in   the   House    budget     for    $235,000                              
           for     school     interventions,          but    it    is   not     in   the     Senate                             
           operating budget.                                                                                                    
                                                                                                                                
           9:58:40 AM                                                                                                         
                                                                                                                                
           NORMAN     ECK,    SUPERINTENDENT,         NORTHWEST      ARCTIC     BOROUGH     SCHOOL                              
           DISTRICT,       testified      in   support      of   SB   285.      He   thanked     the                            
           Committee        for    listening       to    the     concerns      voiced      in    his                            
           letter     (March     7,   2008,    copy    on   file).     He   recommended       three                             
           additions to this bill for consideration:                                                                            
                                                                                                                                
                   Page    3,   Section     1,   16(C)     "a   process     for    districts       to                           
                   petition       the     department        prior      to    the     initiation,                                
                   continuation,          or     discontinuation           of    a     department                               
                   intervention."         The   rationale       will    allow    a   district      to                           
                   appeal      to    the     state      board     on    the     front      end     of                           
                   intervention.                                                                                                
                                                                                                                                
                   Page    5,    Section      2,   15(C)     "School      improvement       grants                              
                   shall     be    made    available        to   the    district       or    school                             
                   under      intervention          when      the     district        or    school                              
                   improvement         plan      requires        additional         service        to                           
                   support      student     achievement.         Additional       funds     may    be                           
                   used      for     curricular        materials        and/or       educational                                
                   specialist         (such      as    school       psychologists,           speech                             
                   pathologist,          community        school       liaisons,         etc.      as                           
        written     in   the   district      or   school     improvement        plan)."                                         
        The   rationale       is   depending      upon     the   size    of   district                                          
        and/or    schools      in  intervention,         and   number    of   students                                          
        affected,      this    could    be   a   grant    ranging     from    $250,000                                          
        to    $1,500,000        per     district.        For    example,        with     5                                      
        districts       in   intervention,         these     supplemental        grants                                         
               would total $5 to $6 million dollars, statewide total.                                                           
                                                                                                                                
        Page   5,   Section     2  15(D),     "In   districts      where     less   than                                        
        half    the   schools      are   the    target     of   the    intervention,                                            
        the   intervention        should      be   focused     on    those    schools,                                          
        not    the     entire      district."         The    rationale        is,     for                                       
        example,      if    a  large     district       such    as    Anchorage       has                                       
        several      schools     under     intervention,         the    intervention                                            
        activities       should     not    disrupt     the    entire     district      or                                       
        other well-performing schools in Anchorage.                                                                             
                                                                                                                                
Mr.    Eck    thanked       the    Committee       for    their     hard     work     and                                       
requested the above suggestions be adopted into the bill.                                                                       
                                                                                                                                
10:04:21 AM                                                                                                                   
                                                                                                                                
Co-Chair        Hoffman       MOVED     to     REPORT      CSSB      285(FIN)       from                                        
Committee      with    individual       recommendations,          a  Senate     Finance                                         
Letter     of   Intent      and   an   accompanying         fiscal     note.       There                                        
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
CSSB     285(FIN)      was    REPORTED       out    of   Committee       with     a   "do                                       
pass"     recommendation,          a   Senate     Finance      Letter     of    Intent,                                         
and     an    accompanying         fiscal      note     by    the    Department        of                                       
Education & Early Development.                                                                                                  
                                                                                                                                
AT EASE:               10:05:46 AM                                                                                            
                                                                                                                                
RECONVENED:            1:09:52 PM                                                                                             
                                                                                                                                

Document Name Date/Time Subjects