Legislature(2009 - 2010)CAPITOL 106
03/09/2009 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Avant-garde Learning Foundation's Alaska Native Teacher Initiative and Education Alignment Study | |
| HB126 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
March 9, 2009
8:04 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Cathy Engstrom Munoz, Vice Chair
Representative Bryce Edgmon
Representative Wes Keller
Representative Robert L. "Bob" Buch
Representative Berta Gardner
MEMBERS ABSENT
Representative Peggy Wilson
COMMITTEE CALENDAR
OVERVIEW(S): AVANT-GARDE LEARNING FOUNDATION'S ALASKA NATIVE
TEACHER INITIATIVE AND EDUCATION ALIGNMENT STUDY
- HEARD
HOUSE BILL NO. 126
"An Act relating to continuing the secondary public education of
a homeless student; relating to the purpose of certain laws as
they relate to children; relating to tuition waivers, loans, and
medical assistance for a child placed in out-of-home care by the
state; relating to foster care; relating to children in need of
aid; relating to foster care transition to independent living;
and relating to juvenile programs and institutions."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 126
SHORT TITLE: FOSTER CARE/CINA/EDUCATION OF HOMELESS
SPONSOR(s): REPRESENTATIVE(s) GARA
02/11/09 (H) READ THE FIRST TIME - REFERRALS
02/11/09 (H) EDC, HSS, FIN
02/25/09 (H) EDC AT 8:00 AM CAPITOL 106
02/25/09 (H) Heard & Held
02/25/09 (H) MINUTE(EDC)
03/02/09 (H) EDC AT 8:00 AM CAPITOL 106
03/02/09 (H) Heard & Held
03/02/09 (H) MINUTE(EDC)
03/09/09 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
DON SHACKELFORD, Vice President
Avant-Garde Learning Foundation
Anchorage, Alaska
POSITION STATEMENT: Presented the overview of the Avant-Garde
program.
EDDY JEANS, Director
School Finance and Facilities Section
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the overview
by the Avant-Garde Learning Foundation, as well as during the
discussion of HB 126.
JOHN PUGH, Chancellor
University of Alaska Southeast (UAS)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the overview
by the Avant-Garde Learning Foundation.
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the committee substitute (CS) for
HB 126.
AMANDA METIVIER, Coordinator
Facing Foster Care in Alaska (FFCA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 126.
THERESA LOMBARDO
Casey Family Programs
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 126, related the work
done by Casey Family Programs.
BARBARA DEXTER, Educator
Child In Transition Homeless Project
Anchorage School District;
District Liaison, McKinney-Vento
Anchorage School District
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 126.
MIKE LESMANN, Community Relations Manager
Office of Children's Services
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 126.
ACTION NARRATIVE
8:04:41 AM
CHAIR PAUL SEATON called the House Education Standing Committee
meeting to order at 8:04 a.m. Representatives Seaton, Munoz,
Keller, Edgmon, Gardner, and Buch were present at the call to
order.
^OVERVIEW(S): AVANT-GARDE LEARNING FOUNDATION'S ALASKA NATIVE
TEACHER INITIATIVE AND EDUCATION ALIGNMENT STUDY
8:05:58 AM
CHAIR SEATON announced that the first order of business would be
an overview from the Avant-Garde Learning Foundation of Alaska.
8:07:18 AM
DON SHACKELFORD, Vice President, Avant-Garde Learning
Foundation, related that although he will address the committee
on behalf of the Avant-Garde Learning Foundation, he is a former
high school English teacher, principal, assistant professor at
the University of Alaska Anchorage (UAA), and director of the
Alaska Partnership for Teacher Enhancement at UAA. He then
noted that he has lived in Alaska for 47 years during which he
graduated from West Anchorage High School and the Alaska
Methodist University and received his Master's degree from UAA.
Mr. Shackelford paraphrased from the following prepared
statement, which read [original punctuation provided]:
We are first and foremost an educational foundation,
devoted to improving teaching and learning in Alaska.
Avant-Garde, since its inception as a nonprofit
organization in January of 2006, is committed to
improving public education through the use of
innovative, scientifically based practices and
processes and by forming strong partnerships with
school districts, colleges and universities and
corporations.
Recently, our Board of Directors voted to make Kameron
Holloway Perez-Verdia our Chief Executive Officer.
Kameron was raised in Barrow and has extensive
experience working with and running several nonprofit
organizations, both in Alaska and Outside. We are
pleased to have him return to Alaska to take the
leadership at Avant-Garde.
Our founder and President, Dr. Shirley Holloway, is
someone many of you know from her years of public
service to Alaska's children as a teacher, principal,
superintendent, college president, commissioner of
education and member of the state school board. Her
vision for the Avant-Garde Learning Foundation was to
create a nonprofit organization that would help fill
in the gaps in our educational system and find
innovative ways to leverage our strengths, to work
together collectively, and to experiment with pilot
programs that could conceivably become permanent
aspects of our educational system if they were proven
to be effective. Our efforts, then, have been devoted
to creating educational programs and initiatives,
several examples of which members of the committee
have before you in the packet that was provided for
this testimony. Please allow me to speak to some of
our efforts.
Our largest project is the Alaska Native Teacher
Initiative. Shell Oil contacted Avant-Garde two years
ago and asked us what sort of community support they
could provide in several geographic areas of interest
to Shell in our state. Dr. Holloway visited
communities in rural Alaska and asked Elders, mayors,
school district superintendents, community leaders and
others about their needs and what most needed to be
done to improve the lives of those who reside in rural
Alaska communities such as theirs. Without exception,
communities reported that there was an urgent need for
more Alaska Native teachers in their schools.
Community members mentioned the need for appropriate
role models for their children and superintendents
talked about the high turnover of teachers in their
schools.
From that, Dr. Holloway put together a group of thirty
educators, several of whom were Alaska Native and
community members as a Design Team that held its
meetings from January to May 2008. The Design Team
became the vehicle for creation of the Alaska Native
Teacher Initiative. Five school districts - Aleutians
East, Bristol Bay, Lake and Peninsula, North Slope and
Northwest Arctic and five institutions of higher
learning - Alaska Pacific University, Bristol Bay
Community College, Chukchi Community College,
Ilisagvik College, and the University of Alaska
Southeast - became our original partners in the
Initiative. After months of meeting and working
together, the design team crafted an initiative that
supports rural Alaskans in their efforts to become
teachers. As a result of the Design Team's work, and
through generous financial support from Shell, Avant-
Garde now supports a cohort of 33 students who are
currently taking their first course together this
spring. We are also indirectly supporting some 97
students in our partner higher education schools
through funds devoted to giving teacher candidates the
support the Design Team designated as essential to
recruiting and retaining Native and other rural
Alaskans.
Our Design Team found several previous teacher
education programs that were designed for rural
Alaskans, and two current programs, RANA [Rural Alaska
Native Adult] at APU [Alaska Pacific University] and
PITAAS [Preparing Indigenous Teachers & Administrators
for Alaska Schools] at UAS [University of Alaska
Southeast]. These programs produced many Alaskan
teachers, including many who are still on the job, and
several who were on our Design Team. We found that a
highly focused and clearly intentional process whereby
teacher candidates receive a great deal of support -
financial, personal, cultural and educational -
maximizes the candidates' chances of becoming
certificated Alaska teachers. If you are at all
familiar with the UAA ANSEP [Alaska Native Science &
Engineering Program] program, with its focus on strong
and consistent supports for its engineering
candidates, you have some idea of what we mean.
However, Avant-Garde's Alaska Native Teacher
Initiative is de-centralized and divided between our
five partner school districts and institutions of
higher learning, and thus literally spread across the
state.
We have contracted with the Institute of Social and
Economic Research (ISER) at UAA as our evaluator for
this and all our projects. ISER will help us monitor
the progress of the Initiative by following our
students all the way through the first years of their
teaching. Our intent is to create a data-driven
profile of our Initiative and to analyze the impact
our students make on their students in the public
schools. If we are correct in our assumption that
people from a culture who are well trained and
prepared as teachers will have a positive impact on
student performance, and that these teachers will
remain on the job in village schools for the duration
of their careers, or certainly far beyond the tenure
of most teachers from outside the village, then we
will be back before this committee and the legislature
talking about how we can expand this Initiative.
This fall, we hope to add the University of Alaska
Anchorage to our Alaska Native Teacher Initiative. We
are currently seeking Federal funding for our second
cohort of teacher candidates. Many of our candidates
are paraprofessionals who are currently working in
their village schools. Avant-Garde also wants to
reach down into the middle and high schools of rural
Alaska to encourage and support young people who want
to become teachers. We also plan to include two new
school districts this fall, Southwest and Dillingham
City Schools, as partners. The Alaska Native Teacher
Initiative is an exciting effort and we are dedicated
to making it a success. Our students and our
communities deserve the very best in the field of
education.
Another effort with which Avant-Garde is involved is
the alignment Study that was conducted for us by ISER.
Part One of the Study, which was paid for by Shell
Oil, was published in time for the Commissioner of
Education's Summit last November. The question we
asked ISER to explore was: What are the gaps in
Alaska's public education system that are holding
students back from academic success? The Alignment
Study found two major areas of concern. The first was
the fact that many young people enter school already
behind their peers in terms of academic readiness.
The need for quality early childhood education would
seem to be the answer to this issue although there are
obvious fiscal implications. The second problematic
area identified by ISER was in high school and the
apparent disconnect between high school graduation and
college entry. The Study found that after passing the
High School Graduation Qualifying Exam [HSQE], many
students consider their high school career over. The
fact is, the HSQE is essentially an eighth grade test
taken by tenth graders, who upon passage of the test
are not adequately prepared for postsecondary
education. High school students need to be challenged
to take more demanding courses, tackle difficult
subjects like another language, and be counseled to
become better prepared to enter college or the
workforce. Moreover, the University of Alaska's
academic expectations for entering freshmen are often
murky and difficult to fathom. A stronger connection
needs to be made between high schools and our
institutions of higher learning. Too many of our high
school graduates are required to take non credit
"developmental" courses as freshmen in order to meet
the minimal requirements for college-level English and
mathematics courses.
Avant-Garde is interested in data-driven discussions
that move us beyond educational decisions that may not
be based in fact. We also want to help create a
dialogue between educators, citizens and policymakers
that will help us creatively and decisively address
issues of common concern. This is why we commissioned
the Alignment Study and why we are seeking funding
from this legislature for the second part of the study
so that we can look more closely at the identified
problem areas and help clarify where we need to go as
a state.
Another of Avant-Garde's projects is an online
essential skills program for students in primary
through high school called Skills Alaska. It employs
two pieces of technology, Skills Assessment and Skills
Tutor. Skills Assessment is an instrument used by
students, parents and teachers to accurately assess
student's math and language arts skills. Skills Tutor
is a program that provides skill-building lessons for
students in math and language arts. Over forty
percent of Alaska's public school students in eight
school districts have access to Skills Alaska, and
over the years we have gathered data that show
significant improvement in students' skills when they
faithfully utilize the programs. Teachers who utilize
Skills Alaska report favorably on the diagnostic tools
and the flexibility that allows them to create class,
small group and individual lessons for students in
need of building their skills. Funding for Skills
Alaska is currently being provided through United
States Department of Education sources. The school
districts involved with Skills Alaska are Aleutians
East, Anchorage, Bristol Bay, Galena, Kenai, Kodiak,
Lower Kuskokwim and Nome.
These are examples of Avant-Garde's current work. We
are excited by the positive reception we have gotten
from other Alaskans and the amount of cooperation we
continue to receive from our partners in education.
We are optimistic about helping improve teaching and
learning in our state. By forging partnerships
between institutions and entities with common aims and
concerns, we are creating a new way of looking at and
solving our educational problems. Avant-Garde's
clients are the students of Alaska. Our pledge is to
help them receive a first-rate education, no matter
where they live, rural or urban. Our commitment is to
continue finding ways to leverage our state's
strengths in order to address our educational
weaknesses. This is why Avant-Garde was created, and
this is why we hope to continue to play a pivotal role
in public education in Alaska.
8:21:21 AM
REPRESENTATIVE GARDNER stated that this program dovetails with
the University of Alaska's K-12 outreach budget request.
Therefore, she asked whether the foundation has been working
with the university system. She noted that the [university]
budget subcommittee didn't support K-12 outreach and thus "took
out a big whack of that money." She further asked whether there
is any possibility that the state could receive Recovery Act
grants that would allow the university to move forward on the K-
12 outreach or any other part of its initiative.
MR. SHACKELFORD responded that Avant-Garde is aware of and
supportive of the University's request for funding. He
highlighted the importance of a more cohesive effort between the
university and K-12, particularly since the alignment study
indicated that graduating high school students aren't prepared
for college. No matter what happens this year, Mr. Shackelford
opined that K-12 outreach will have to be revisited.
8:24:17 AM
REPRESENTATIVE GARDNER related that when the university budget
cuts were made, the chair of the House Finance Subcommittee on
the University of Alaska opined that [K-12 outreach] isn't the
university's responsibility to fund. She then inquired as to
whether there's any funding elsewhere to work on "this alignment
issue."
CHAIR SEATON noted that he has asked the same question and was
told that a $600,000 increment was added to the commissioner's
budget such that the alignment issue would be addressed by the
K-12 initiative.
8:25:36 AM
REPRESENTATIVE MUNOZ inquired as to how the Alaska Native
Teacher Initiative is being carried out financially and
otherwise.
MR. SHACKELFORD explained that Avant-Garde has tried to create a
system of supports for those living in rural Alaska who would
like to become certified teachers. This may include financial
assistance, or other means to enable them to achieve their goal.
The foundation, he related, has cooperative agreements with
school districts in order to allow these candidates to work on
coursework while providing entry points, counseling, and
instruction on how to proceed. Additionally, Avant-Garde is
trying to help the universities and the foundation have a better
understanding of the communities from which [students] come in
order to be more culturally appropriate and realize the
strengths those from the village bring with them. Currently, a
paraprofessional in rural Alaska who is taking one to two
courses a semester faces an 8- to 10-year process to obtain a
teaching certificate. Furthermore, one must pass the Praxis
test prior to entering a certification program for education.
The aforementioned test can be an obstacle, and therefore Avant-
Garde is working with the Alaska Pacific University (APU) and
other institutions to work on the skills necessary [to pass the
Praxis test]. The transitional piece between what the
university and state requires to become a certified teacher can
prove daunting to many interested people. Therefore, Avant-
Garde is trying to provide support similar to that APU and UAS
provide for those wanting to become certified teachers.
8:30:43 AM
CHAIR SEATON related his understanding that most of Avant-
Garde's Alaska Native Teacher Initiative program is designed to
be taken online via the distance education program. He inquired
as to how personal contact is handled.
MR. SHACKELFORD specified that mentoring is part of the program.
Additionally, each person receives an individual plan of study
through whichever college or university in Alaska they choose to
attend. The aforementioned requires guidance from those in the
field. Avant-Garde has a program coordinator, Anishia Elbie,
who is in contact with students via telephone and e-mail. In
fact, she has even made personal trips to several locales. Mr.
Shackelford opined that there has to be "intentionality" in this
process, and to that end mentoring, navigation, and assistance
is being given throughout a student's course of study.
Interaction occurs throughout the program, he highlighted.
8:34:24 AM
CHAIR SEATON, recalling the Moore v. State of Alaska, asked
whether the school districts with which Avant-Garde is
partnering are the same as those school districts identified as
in a situation in which students aren't succeeding on par with
certain districts.
MR. SCHACKELFORD deferred to the Department of Education and
Early Development (EED).
8:36:29 AM
EDDY JEANS, Director, School Finance and Facilities Section,
Department of Education and Early Development (EED), specified
that the five school districts in which the state is intervening
and are the focus of the Moore case are the Lower Yukon School
District, Northwest Arctic School District, Yukon Flats School
District, Yukon Koyukuk School District, and the Yupiit School
District.
8:37:00 AM
CHAIR SEATON surmised then that only one of the aforementioned
school districts is covered under the Avant-Garde program.
Perhaps, the state might want to work with the Alaska Native
Teacher Initiative when going through the intervention process
with the aforementioned school districts.
8:37:46 AM
th
MR. JEANS reminded the committee that the 25 Alaska State
Legislature passed Senate Bill 241, which directed the
university to look at the issues surrounding obtaining and
maintaining Alaska Native teachers. He mentioned Avant-Garde
has had multiple discussions with the commissioner of EED.
8:38:13 AM
REPRESENTATIVE BUCH inquired as to the current efforts for
coordinating through the commissioner of EED.
MR. JEANS related that Shirley Holloway, with Avant-Garde, has
had many conversations with the commissioner of EED on
[obtaining and maintaining teachers in the Bush]. Furthermore,
the department is working with the university regarding how to
get more teachers into the university system and keeping
teachers in rural Alaska.
MR. SHACKELFORD informed the committee that Cyndy Curran,
Teaching and Learning Support, EED, was an instrumental member
of the teacher initiative design team. He, too, acknowledged
that the commissioner of EED has had many conversations with Ms.
Holloway regarding the work of Avant-Garde on this initiative.
Mr. Shackelford characterized the department as a partner of
Avant-Garde, which falls into line with Ms. Holloway's mission
for [the education community] to work together to build on its
strengths.
8:42:13 AM
REPRESENTATIVE EDGMON inquired as to the definition of Alaska
Native [in terms of the initiative].
MR. SHACKELFORD explained that the program is for rural
Alaskans. In fact, the first cohort includes a hand full of
non-Natives who live in rural Alaska and are committed to
working, living, and teaching in rural Alaska. The focus [of
the initiative] is on community members.
8:43:01 AM
REPRESENTATIVE EDGMON surmised then that titling the effort the
"Alaska Rural Teacher Initiative" would be more accurate.
MR. SHACKELFORD acknowledged that may be the case, but
emphasized that the effort was called the "Alaska Native Teacher
Initiative" because the majority of the attendees will be Alaska
Natives. Furthermore, the title of the effort reflects the
rural reality and the distinctly different cultural way of
living, which is really important.
8:44:18 AM
JOHN PUGH, Chancellor, University of Alaska Southeast (UAS),
related his appreciation for Mr. Shackelford, Avant-Garde, and
what both are attempting to do in the state. He noted that UAS
has been a partner with Avant-Garde since the inception of its
program. In fact, UAS receives $40,000 [from Avant-Garde] that
supports UAS's PITAAS program. He explained that the original
program was entitled Preparing Indigenous Teachers for Alaska
Schools (PITAS). The second grant with the federal government
also included administrators, which resulted in the PITAAS
program. The program is seven years old, and was originally
funded by the U.S. Department of Education. The initial grant
focused on the villages and communities in Southeast Alaska and
the Yukon-Kuskokwim School District. The program initially
sought to work with the school districts by having mentors in
the school district who would work with students with an
interest in becoming teachers. Therefore, the first year of the
program focused on establishing a network of mentors in the
school district. By the second year of the program, the mentors
were to identify those students who indicated an interest in
education. A three-week summer program allowed those students
to know what it is to be a teacher and discover what type of
coursework is necessary in high school to prepare them for
college. Mr. Pugh explained that [the university] recognized
that many students entering college were under prepared and many
of those under prepared students who wanted to be a teacher
disappeared after a year. Therefore, the notion was to provide
outreach to the schools prior to students entering college. The
PITAAS program is still in existence, but only focuses on the
Southeast Alaska school districts.
8:48:46 AM
MR. PUGH explained that most of the students [in the PITAAS]
program are first generation college attendees. In such
situations it's very difficult for parents who didn't attend
college to understand and support their children in college.
Therefore, a support system at the university for these students
is necessary. The support system includes financial aid as well
as tutoring and other network support. Once a student enters
the program and receives funding, the student receives intrusive
advising and tutoring. However, most of these students require
a connection to their culture that provides guidance and
strength with regard to the student's ability to return to their
community. To that end, the university has strengthened its
Alaska Native language and studies programs. The program is in
its third cycle of the grant and is adding university positions
at Sitka, Ketchikan, and Juneau. Furthermore, distance
education students in a bachelor of liberal arts program are
being supported as well. The model is evolving and proving to
be successful, he said.
8:52:44 AM
REPRESENTATIVE MUNOZ inquired as to how many Native candidates
are in the program in Southeast Alaska.
MR. PUGH answered that about 25 students per year enter the
PITAAS program. Currently, there are a total of about 67
students in the PITAAS program. He opined that recruitment of
students committed to teaching is important, particularly with
the competition from the health science field.
8:53:33 AM
CHAIR SEATON referred to the ISER alignment study, specifically
the aspect regarding the gaps in the Alaska public school system
that hold students back from academic success and the disconnect
between high school graduation and college entrance.
8:54:32 AM
REPRESENTATIVE GARDNER highlighted that the ISER study suggested
that a counsel be formed to address the early education, student
transitions, and achievement gaps between whites and minorities.
The counsel would also address teacher education and
professional development as well as relationships between
schools and families. All of those issues, as well as those
specified by the chair, could fall under the Department of
Education and Early Development (EED), which has to be sold on
any recommendations as does the legislature. Furthermore, EED
has the tools to implement any recommendations. Therefore, she
questioned the benefit of having a counsel.
MR. SHACKELFORD explained that if the counsel is constructed
such that it can work with the legislature and the department,
educational endeavors can be strengthened. He said that many
states have counsels of varying authority and thus have varying
degrees of success. From the perspective of Avant-Garde and
ISER, EED would have to be an active member of any type of
counsel, although it would only be one member. Mr. Shackelford,
speaking on his own behalf, opined that sometimes decisions are
made in an "echo chamber" without the necessary spirited and
fully versed discussions to determine the best course of action.
REPRESENTATIVE GARDNER noted her agreement, but specified that
often a counsel is in an echo chamber. However, a step may be
saved if decisions are made by EED after inviting all the
stakeholders to participate through the normal public process
used for regulations or policies.
8:58:44 AM
CHAIR SEATON reminded the committee that under the current
situation the department approaches the legislature with ideas,
for which the legislature has to obtain support to have any
impact. In fact, if everything was being done successfully,
some conversations wouldn't have occurred and a House Education
Standing Committee would not have been formed. However, having
a more public, non-state entity such as a counsel taking charge
and making suggestions for programs could be worthwhile. He
expressed frustration with the results-based data in that it
lacks information regarding how early childhood education
programs with significant long-term results could be achieved.
9:01:18 AM
REPRESENTATIVE EDGMON asked if there is a potential budget
request. From a letter from Dr. Holloway, Representative Edgmon
read the following: "The various institutions must begin to
work more cooperatively and closely if we are ever going to
satisfactorily address the alignment issue." Representative
Edgmon interpreted the aforementioned to mean that there is a
fundamental alignment issue in the state. He questioned whether
this is about the need for an umbrella organization to address
[educational matters].
MR. SHACKELFORD specified that Avant-Garde Learning Foundation
has requested $22,000 to complete the second phase of the
alignment study. He related his understanding that Dr.
Holloway, as do many in the state, has a concern that the many
smart, hard-working, dedicated folks in the education field as
well as interested citizens could work together in a more
effective manner. As Chair Seaton pointed out, education and
children are being considered very early on through college. To
think of what it "looks like" for all children to become
educated and a full-fledged citizen in this democracy is a
fairly revolutionary concept since it isn't happening for all
children right now. For instance, 50 percent of Alaska's
students drop-out. In order to address the many serious
educational problems in Alaska one must review what's going on
and do so comprehensively in order to make qualitative
decisions. Furthermore, the decisions need to be based on facts
and research. Mr. Shackelford opined that Dr. Holloway has much
concern in terms of being able to make the best educational
decisions [in the existing institutional structure]. Therefore,
Avant-Garde was created as an outside organization that could
move rather quickly to influence and bring [stakeholders]
together.
9:06:21 AM
REPRESENTATIVE EDGMON inquired as to Avant-Garde's position
relative to EED.
MR. SHACKELFORD characterized Avant-Garde as a brooding
omnipresence. Although some of Avant-Garde's funding comes from
Shell Oil, the federal government, and other grants, Avant-Garde
is an insider working from the outside. Avant-Garde's role is
to help bring resources together as its only obligation is to
the students of Alaska.
9:08:26 AM
REPRESENTATIVE KELLER thanked Avant-Garde for its work. He then
clarified his understanding that a fundamental problem exists in
education in Alaska.
9:09:05 AM
CHAIR SEATON returned to the issue of "the disconnect" between
high school graduation and college entrance, which will be
discussed at a future meeting. He expressed interest in
focusing on what high school graduation means: "seat time"
versus competency. Competency exams may be misleading to
students. The alignment issues may be part of this discussion.
HB 126-FOSTER CARE/CINA/EDUCATION OF HOMELESS
9:11:37 AM
CHAIR SEATON announced that the final order of business would be
HOUSE BILL NO. 126, "An Act relating to continuing the secondary
public education of a homeless student; relating to the purpose
of certain laws as they relate to children; relating to tuition
waivers, loans, and medical assistance for a child placed in
out-of-home care by the state; relating to foster care; relating
to children in need of aid; relating to foster care transition
to independent living; and relating to juvenile programs and
institutions."
9:13:00 AM
CHAIR SEATON reminded the committee that it had before it CSHB
126, Version 26-LS0309\S, Mischel, 2/24/09, adopted on February
25, 2009.
9:13:13 AM
REPRESENTATIVE LES GARA, Alaska State Legislature, speaking as
the sponsor of HB 126, pointed out that the amendments in the
committee packet address the concerns expressed during the last
committee hearing.
9:14:28 AM
AMANDA METIVIER, Coordinator, Facing Foster Care in Alaska
(FFCA), informed the committee that she is an alumnus of
Alaska's foster care program as well as a foster parent. Ms.
Metivier related support for HB 126 on behalf of FFCA, which is
Alaska's only statewide advocacy organization consisting of
youth and foster care and those who have aged out of the foster
care system. The FFCA works to improve child welfare, policy,
and practice by sharing personal experiences regarding life in
foster care in Alaska. This legislation reflects what youth in
and from foster care have identified as a need. Last year, FFCA
created a policy agenda. Ms. Metivier opined that children and
youth in foster care deserve the same opportunities as those
children who grow up with their natural parents. The state
ultimately becomes a child's parent when he/she comes into state
custody. Currently, the state provides support to children and
youth awaiting foster care placement under the McKinney-Vento
Homeless Education Assistance Improvement Act of 2001
("McKinney-Vento Act"). The FFCA believes that school stability
should be made available to all children in youth and foster
care. She opined that it's an injustice to move children from
foster home to foster home and allow school changes as well.
Ms. Metivier then highlighted that for most young people, your
th
18 birthday doesn't mean that your parents automatically stop
providing financial and emotional support. However, for those
young people in foster care who are 16-years-old and older,
permanency is highly unlikely. Therefore, these young people
age out of the system and statistics show that for these young
people there's a high rate of homelessness, substance abuse, and
incarceration. Therefore, providing opportunities for higher
education for these young people allow the cycle of dependence
on the system to be broken.
9:18:22 AM
THERESA LOMBARDO, Casey Family Programs, began by offering the
Casey Family Programs as a resource to the committee. She then
related that the Casey Family Programs has been involved in a
collaborative project with the Alaska Court System, the Office
of Public Advocacy, the Office of Children's Services, the
Anchorage School District, Facing Foster Care in Alaska (FFCA),
and other organizations. The focus of [Casey Family Programs]
has been to improve the educational outcomes for children and/or
youth in foster care because the data clearly illustrates that
the more placement changes youth experience, the less likely
they'll finish school. The legislation before the committee
places, for the first time, the term "education" in the child
welfare statute and places the terms "child welfare" in the
education statute in Alaska. The aforementioned is a remarkable
step and necessary in this [dual] system to raise awareness and
change the work in both fields. Ms. Lombardo then turned to the
judicial education checklist that judges use any time a child in
need of aid is before the court. Although that checklist is an
optional tool for judges to use, it has raised awareness.
Furthermore, the checklist seems to have united people in a way
that hasn't occurred before.
9:21:50 AM
BARBARA DEXTER, Educator, Child In Transition Homeless Project,
Anchorage School District; District Liaison, McKinney-Vento,
Anchorage School District (ASD), testified in favor of allowing
foster children/youth staying in the school of origin. Of the
420 K-12 youth in foster care in the ASD, the school district
has worked with about 150 in emergency situations and some
transportation support has been provided to those
children/youth. She advised that transportation costs are
expensive, but allowing foster children/youth to remain in the
school of origin avoids the months of educational lagging.
Additionally, Ms. Dexter said she's in favor of the
postsecondary funding and the support that will be offered for
children/youth in foster care.
9:23:37 AM
CHAIR SEATON closed public testimony. He then noted that the
committee packet includes amendments for consideration.
9:25:13 AM
MIKE LESMANN, Community Relations Manager, Office of Children's
Services (OCS), Department of Health and Social Services (DHSS),
related DHSS's support for the educational components of HB 126.
He recalled that last year very similar legislation was
introduced in the Senate by Senator Bettye Davis. The
educational comments of HB 126 and the McKinney-Vento Act are
important to OCS as well as the children and families served by
the department.
9:26:33 AM
REPRESENTATIVE MUNOZ asked if the McKinney-Vento Act funds
transportation in the state [for foster children/youth that stay
in their school of origin].
MR. LESMANN stated his belief that the funding is provided to
the school districts.
9:27:13 AM
EDDY JEANS, Director, School Finance and Facilities Section,
Department of Education and Early Development (EED), reported
that currently about $150,000 comes through the department for
the transportation component. The aforementioned funding is
spread through the Anchorage, Juneau, Kenai, and Mat-Su School
Districts. He recalled Superintendent Comeau's recent testimony
that the Anchorage School District has to transfer $175,000 from
operating funds to cover the entire cost of ASD's
[transportation] program. Superintendent Comeau's testimony
illustrates that all the funding doesn't come from the
department or the federal government. Therefore, [HB 126] would
require additional state support. However, Mr. Jeans noted that
he hasn't had an opportunity to work with the school districts
to formulate a fiscal note.
9:28:27 AM
CHAIR SEATON opined that the fiscal note is likely to be
indeterminate due to its dependence upon what the legislature
appropriates.
MR. JEANS noted his understanding that the Finance Committees
won't accept an indeterminate fiscal note. Therefore, he
expressed his desire to provide a fiscal note that specifies a
range, which would be subject to appropriation.
REPRESENTATIVE MUNOZ pointed out that the legislation does have
fiscal notes from DHSS.
9:29:37 AM
REPRESENTATIVE KELLER, referring to page 2 of Version S, asked
if "out-of-home care" refers to all foster care.
MR. LESMANN replied yes. If DHSS petitions the court for
custody of a child, then that child has to be removed from
his/her home and placed elsewhere, that is considered "out-of-
home care" or foster care.
9:30:32 AM
REPRESENTATIVE GARDNER asked if a child living at a state
facility such as Covenant House is considered foster care.
MR. LESMANN explained that for a child who is awarded to the
department/state, the stay at Covenant House would hopefully be
temporary and DHSS would work to return the child to the
placement made by the department.
9:31:13 AM
REPRESENTATIVE GARDNER related her understanding that under the
McKinney-Vento Act, which the state is already following, a
child in Covenant House would be classified as homeless.
However, the point of HB 126 seems to apply McKinney-Vento when
a foster home is found for a child in state custody that hasn't
already been in foster placement.
MR. LESMANN opined that he and Representative Gardner's
understanding is the same. This legislation applies to those
children/youth awaiting foster care placement that have been
removed from their home and placed in an emergency setting.
MR. JEANS related his understanding that HB 126 expands the
McKinney-Vento Act beyond those children/youth who are awaiting
placement to include children who are actually placed.
REPRESENTATIVE GARDNER explained that one is a homeless
population who receives the [McKinney-Vento Act] services.
Although the child/youth is no longer homeless when there's a
foster care placement, the desire is for the McKinney-Vento Act
provisions to apply to those children/youth, she surmised.
9:33:04 AM
REPRESENTATIVE MUNOZ asked if there will be a fiscal note to
identify the costs associated with the waiver of tuition for
state institutions.
MR. JEANS specified that such information would come from the
University of Alaska System or the Alaska Commission on
Postsecondary Education (ACPE).
9:33:31 AM
REPRESENTATIVE KELLER, referring to page 3, line 31, of Version
S, asked if the term "adequate" is used elsewhere in statute to
define the public education system.
MR. JEANS opined that the term "adequate" won't appear in Title
XIV to help define the public school education system. In
further response to Representative Keller, Mr. Jeans suggested
that the committee would need to ask Legislative Legal &
Research Services whether the state is incurring any liability
by using the term "adequate."
9:35:36 AM
REPRESENTATIVE EDGMON inquired as to whether the term
"permanently housed" on page 2, line 21 is defined in
regulation.
REPRESENTATIVE GARA specified that the term "permanently
housed," which is language used in McKinney-Vento to define
homeless children, will be removed by one of the proposed
amendments because it's not relevant to HB 126.
9:36:51 AM
REPRESENTATIVE MUNOZ moved that the committee adopt Amendment 1,
labeled 26-LS0309\S.4, Mischel, 3/5/09, which read:
Page 1, line 9, following "(b)":
Insert "and (d)"
Page 2, following line 12:
Insert a new subsection to read:
"(d) A school district is required to comply
with this section only
(1) if the legislature appropriates funds
for the purpose; and
(2) to the extent possible using funds
appropriated for the purpose."
Reletter the following subsection accordingly.
Page 3, following line 8:
Insert a new subsection to read:
"(d) A state-supported educational institution
in the state is required to provide a waiver under (a)
of this section only if the legislature appropriates
funds for the purpose of offsetting waivers under this
section. If an appropriation is not sufficient to
fully offset waivers for each person entitled to a
waiver under (a) of this section, the institution may
offer full or partial waivers to eligible applicants
as funding permits and at the discretion of the
institution."
REPRESENTATIVE KELLER objected.
9:37:42 AM
REPRESENTATIVE GARA explained that Amendment 1 addresses the
non-state entities that are financially burdened by HB 126.
Amendment 1 makes changes such that school districts only have
to comply with the additional transportation requirements in HB
126 to the extent the state provides funding. Amendment 1
further allows tuition assistance to the extent the state
provides for those services. The amendment specifies that if
state funding isn't provided, the non-state entities aren't
required to comply with the transportation and tuition
requirements. Amendment 1, he explained, ensures that the
legislature doesn't pass an unfunded mandate.
9:39:02 AM
REPRESENTATIVE KELLER removed his objection to Amendment 1.
There being no further objection, Amendment 1 was adopted.
9:39:25 AM
REPRESENTATIVE MUNOZ moved that the committee adopt Amendment 2,
labeled 26-LS0309\S.5, Mischel, 3/5/09, which read:
Page 1, line 9:
Delete "Except as provided in (b) of this
section, the"
Insert "The"
Page 1, line 12:
Delete "during the homelessness"
Insert "for the remainder of the current school
year or, if the student is attending school for a
summer term, for the remainder of the summer term,"
Page 1, line 13, following "2001)":
Insert ", as those provisions existed on
February 1, 2009"
Page 2, line 2:
Delete "(1)"
Page 2, line 3:
Delete "; or"
Insert "."
Page 2, lines 4 - 7:
Delete all material.
Page 2, lines 20 - 21:
Delete "that the student attended when
permanently housed or the school"
Page 2, line 31:
Delete "loans, grants,"
Insert "grants"
Page 3, line 1:
Delete "and"
Page 3, following line 1:
Insert a new paragraph to read:
"(4) has applied for an available federal
education loan; and"
Renumber the following paragraph accordingly.
Page 3, lines 3 - 4:
Delete all material and insert:
"(b) The amount of the waiver to which a person
is entitled under this section is the amount of unmet
need for tuition, room, and board expenses, as
determined by the commission, after deducting all
available funding for the school year from education
loans, grants, or scholarships for a person eligible
for a waiver."
Page 3, line 5:
Delete "including a loan under AS 14.43.112,"
Page 3, lines 9 - 22:
Delete all material.
Renumber the following bill sections accordingly.
Page 9, following line 15:
Insert a new bill section to read:
"* Sec. 9. AS 47.10.080(c) is amended to read:
(c) If the court finds that the child is a child
in need of aid, the court shall
(1) order the child committed to the
department for placement in an appropriate setting for
a period of time not to exceed two years or in any
event not to extend past the date the child becomes 19
years of age, except that the department or the
child's guardian ad litem may petition for and the
court may grant in a hearing
(A) one-year extensions of commitment that
do not extend beyond the child's 19th birthday if the
extension is in the best interests of the child; and
(B) one-year extensions of commitment that
do not extend beyond the child's 21st birthday [AN
ADDITIONAL ONE-YEAR PERIOD OF STATE CUSTODY PAST 19
YEARS OF AGE] if the continued state custody is in the
best interests of the person and the person consents
to it;
(2) order the child released to a parent,
adult family member, or guardian of the child or to
another suitable person, and, in appropriate cases,
order the parent, adult family member, guardian, or
other person to provide medical or other care and
treatment; if the court releases the child, it shall
direct the department to supervise the care and
treatment given to the child, but the court may
dispense with the department's supervision if the
court finds that the adult to whom the child is
released will adequately care for the child without
supervision; the department's supervision may not
exceed two years or in any event extend past the date
the child reaches 19 years of age, except that the
department or the child's guardian ad litem may
petition for and the court may grant in a hearing
(A) one-year extensions of supervision that
do not extend beyond the child's 19th birthday if the
extensions are in the best interests of the child; and
(B) an additional one-year period of
supervision past 19 years of age if the continued
supervision is in the best interests of the person and
the person consents to it; or
(3) order, under the grounds specified in
(o) of this section or AS 47.10.088, the termination
of parental rights and responsibilities of one or both
parents and commit the child to the custody of the
department, and the department shall report quarterly
to the court on efforts being made to find a permanent
placement for the child."
Renumber the following bill sections accordingly.
Page 11, line 9:
Delete "receiving services under the program"
Insert "eligible for services under the program
who has left out-of-home care"
Page 11, line 10:
Delete "less"
Insert "more"
Page 11, line 12:
Delete "after the individual leaves out-of-home
care"
Insert "and shall end before the individual is 23
years of age"
9:39:49 AM
CHAIR SEATON objected for discussion purposes.
9:39:54 AM
REPRESENTATIVE GARA explained that Amendment 2 clarifies that
the McKinney-Vento concept will be adopted, and therefore as a
child in foster care moves through various placements, he/she
stays in the same school if the parent, guardian, and child feel
that's in the child's best interest. The McKinney-Vento Act has
standards for involving the youth, parent, and guardian. If the
foster child/youth stays in the same locality, he/she would stay
in the same school and transportation funding would be provided
through the end of the school year or summer school term. When
the new term begins, the presumption is that the foster
child/youth will attend the school where he/she resides. The
amendment also clarifies, with changes to page 1, line 13, that
the legislation refers to federal law as it exists today.
Amendment 2 also makes changes to clarify that HB 126 applies to
foster children.
9:42:16 AM
REPRESENTATIVE EDGMON requested clarification regarding what is
considered the school of origin.
REPRESENTATIVE GARA specified that with the passage of Amendment
2 the school of origin will be the school the foster child/youth
was in prior to the new placement.
REPRESENTATIVE EDGMON questioned how the school of origin
provision is applied in a situation in which a child attended
school while living with his/her parents, then attended another
school once placed in emergency foster care and would remain in
that school if the child was placed in a second foster home
[during the school year].
REPRESENTATIVE GARA answered that in such a situation the child
would remain in the first school [the child attended when with
his/her parents] through the end of the term. The desire, he
stated, is for the child not to have to change school once
he/she receives a foster care placement [or even a second foster
care placement].
9:43:42 AM
REPRESENTATIVE GARDNER interjected that oftentimes when a child
is removed from his/her parents, there is no way of knowing how
long the child will be out of the home. Therefore, the child is
often placed in a temporary home that's not intended for more
than say 30 days. The desire is to not change schools due to
that temporary placement. If the parents don't do what they
need to do, then the child is moved to a more permanent
placement. Thus, the child is often moved several times early
on.
9:44:33 AM
CHAIR SEATON clarified that [the amendment and legislation]
aren't addressing the child's placement, but rather discusses
maintaining the child in his/her original school.
9:44:52 AM
REPRESENTATIVE GARA related that the federal funding for the
class of children covered by the McKinney-Vento Act, homeless
children and those foster children awaiting placement, largely
covers the cost. He noted that in Anchorage an additional
$170,000 has to be obtained just to meet the class of kids
covered by the McKinney-Vento Act. The state would provide
funds for those foster children not covered by the McKinney-
Vento Act.
9:45:24 AM
REPRESENTATIVE KELLER opined that the federal requirements that
exist today [under the McKinney-Vento Act] must include more
than just transportation. He requested a list of those
requirements.
REPRESENTATIVE GARA said that the focus has been on the
McKinney-Vento Act provisions regarding maintaining the child in
the same school. There may be some additional provisions of the
Act that [HB 126] doesn't necessarily intend to incorporate.
The McKinney-Vento Act addresses keeping the child in the same
school and forwarding the child's transcript to the new school
as soon as possible. If a child is moved to a new school, the
child has a right to attend that school, even if the transcript
hasn't yet arrived.
9:47:46 AM
REPRESENTATIVE KELLER pointed out then that the legislation
needs work because the language on page 2, line 1, refers to
"the requirements in (a)", "requirements" plural. Furthermore,
the seven-day transfer is not included in subsection (a).
9:48:21 AM
REPRESENTATIVE GARA said that the desire [with HB 126] is to
address the school of origin and transportation aspects of the
McKinney-Vento Act. To that end, he said he would entertain the
following conceptual amendment:
Page 1, line 11, following "origin";
Delete "for providing comparable education"
9:49:22 AM
REPRESENTATIVE KELLER requested a clean committee substitute
(CS) prior to action on the legislation.
9:49:45 AM
CHAIR SEATON returned the committee's attention to Amendment 2.
9:50:11 AM
REPRESENTATIVE GARA explained that the legislation provides for
financial assistance for foster youth for postsecondary
education. Amendment 2, on page 2, lines 3-24 of the amendment,
allows part of the financial assistance to include loans, not
just funds from the grant. There is no need to create a new
state loan program, and thus Amendment 2 eliminates the
provisions of HB 126 that create a new state loan program.
Therefore, foster youth will apply for available federal loans
and the financial assistance will be for the amount of need
beyond what's available in federal grants and loans. Foster
youth will also be required to apply for whatever other funds
are available in order to minimize the state's costs.
9:51:50 AM
REPRESENTATIVE GARA then turned to page 3 of Amendment 2, which
has to do with the ability of the state to extend foster care
and the associated benefits to age 21. There is federal
funding, he noted, to extend foster care to age 21. Referring
to page 4, line 8, of Amendment 2, Representative Gara explained
that the state has a transitional services program for foster
youth, the Independent Living Program, which helps foster youth
to age 23. Currently, the help that the Independent Living
Program provides has some gaps that the aforementioned portion
of Amendment 2 attempts to fill, including providing rental
assistance for foster youth coming out of care.
9:53:35 AM
CHAIR SEATON reminded the sponsor that the committee's purview
is limited to education-related matters. Therefore, Chair
Seaton offered an amendment to Amendment 2 such that the
language on pages 3 and 4 of Amendment 2 would be deleted.
9:55:06 AM
REPRESENTATIVE GARDNER, indicating objection to the amendment to
Amendment 2, remarked that she doesn't find it problematic to
incorporate the amendments requested by the sponsor that include
matters not related to education. Incorporating the portions of
Amendment 2 that aren't related to education would allow the
legislation to contain the elements desired by the sponsor prior
to the next committee of referral.
9:55:45 AM
CHAIR SEATON said that he has been clear that consideration of
HB 126 would only address the education-related aspects.
Therefore, he said he is uncomfortable incorporating amendments
that include provisions that aren't related to education. Chair
Seaton then reiterated his motion to amend Amendment 2 by
deleting pages 3 and 4 of Amendment 2.
9:56:24 AM
REPRESENTATIVE BUCH asked if deleting the provisions of the
amendment is common practice.
CHAIR SEATON said that normally he doesn't request that the
committee restrict its consideration to one aspect of the
legislation. However, the sponsor desired to move the
legislation from committee fairly quickly and deleting the
provisions not related to education is a method in which that
can be achieved. Since the committee hasn't taken testimony on
the provisions of HB 126 not related to education, Chair Seaton
said that he's uncomfortable considering amendments on those
matters.
9:59:41 AM
REPRESENTATIVE GARDNER removed her objection to the amendment to
Amendment 2. There being no further objection, the amendment to
Amendment 2 was adopted.
10:00:04 AM
REPRESENTATIVE KELLER asked if the committee could inquire as to
the [definition] of the term "adequate" prior to moving this
legislation. He opined of the potential downside to using the
term "adequate."
CHAIR SEATON indicated agreement with the suggestion.
10:00:39 AM
CHAIR SEATON removed his objection to Amendment 2, as amended.
There being no further objection, Amendment 2, as amended, was
adopted.
10:01:15 AM
CHAIR SEATON moved that the committee adopt Conceptual Amendment
3, which read:
Page 1, line 11,
Delete "and for providing comparable education"
10:01:36 AM
REPRESENTATIVE MUNOZ objected for discussion purposes.
10:02:15 AM
REPRESENTATIVE MUNOZ removed her objection. There being no
further objection, Conceptual Amendment 3 was adopted.
10:02:45 AM
The committee took an at-ease from 10:02 a.m. to 10:04 a.m.
10:04:29 AM
REPRESENTATIVE MUNOZ offered Conceptual Amendment 4, which read:
Page 3, line 31,
Delete "adequate"
CHAIR SEATON objected for discussion purposes.
REPRESENTATIVE GARA said that although he doesn't share the
concern with use of the term "adequate," he doesn't want to add
educational requirements that change those in the education
code. Therefore, he said he was fine with the amendment.
10:05:30 AM
CHAIR SEATON removed his objection. There being further
objection, Conceptual Amendment 4 was adopted.
10:06:20 AM
CHAIR SEATON announced that he would honor the request to have a
CS drafted for the committee's consideration at its next
meeting.
10:06:52 AM
REPRESENTATIVE BUCH noted his objection to holding the
legislation.
10:07:31 AM
CHAIR SEATON suggested that members review the CS prior to the
next meeting in order that the legislation could be reported
from committee if there are no questions.
[HB 126 was held over.]
10:07:36 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 10:08 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Avant Garde Learning Foundation Alaska Native Teacher Initiative and Education Alignment Study.pdf |
HEDC 3/9/2009 8:00:00 AM |
|
| CS126 amendment S 4 (2).pdf |
HEDC 3/9/2009 8:00:00 AM |
|
| hb 126 materials.pdf |
HEDC 2/25/2009 8:00:00 AM HEDC 3/2/2009 8:00:00 AM HEDC 3/9/2009 8:00:00 AM |
HB 126 |
| workdraft HB 126.pdf |
HEDC 2/25/2009 8:00:00 AM HEDC 3/2/2009 8:00:00 AM HEDC 3/9/2009 8:00:00 AM |
HB 126 |
| Testimony to the House Education Subcommittee - Avant Garde.doc |
HEDC 3/9/2009 8:00:00 AM |
|
| CS126 amendment S 5 (2).pdf |
HEDC 3/9/2009 8:00:00 AM |