Legislature(2015 - 2016)CAPITOL 106
03/18/2016 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings(s): | |
| State Board of Education and Early Development | |
| Professional Teaching Practices Commission (ptpc) | |
| University of Alaska Board of Regents | |
| HB102 | |
| HB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 156 | TELECONFERENCED | |
| += | HB 102 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
March 18, 2016
8:03 a.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Liz Vazquez, Vice Chair
Representative Paul Seaton
Representative David Talerico
Representative Harriet Drummond
Representative Ivy Spohnholz
MEMBERS ABSENT
Representative Jim Colver
OTHER MEMBERS PRESENT
Representative Lora Reinbold
COMMITTEE CALENDAR
CONFIRMATION HEARINGS(S):
State Board of Education and Early Development
Rebecca Himschoot - Sitka
- CONFIRMATION(S) HEARD AND HELD
Professional Teaching Practices Commission (PTPC)
David Devaughn - North Pole
Melody Mann - Wasilla
Paul Prussing - Douglas
Frances Roberts - Homer
- CONFIRMATION(S) ADVANCED
University of Alaska Board of Regents
Dr. Deena Paramo - Palmer
Stacey Lucason - Anchorage
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 102
"An Act providing for funding of educational services for
students in residential psychiatric treatment centers."
- MOVED CSHB 102(EDC) OUT OF COMMITTEE
HOUSE BILL NO. 156
"An Act relating to compliance with federal education laws;
relating to public school accountability; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 102
SHORT TITLE: RESIDENTIAL PSYCH CTR; EDUC. STDRS/FUNDS
SPONSOR(s): EDUCATION
02/11/15 (H) READ THE FIRST TIME - REFERRALS
02/11/15 (H) EDC, FIN
03/20/15 (H) EDC AT 8:00 AM CAPITOL 106
03/20/15 (H) Heard & Held
03/20/15 (H) MINUTE (EDC)
04/08/15 (H) EDC AT 8:00 AM CAPITOL 106
04/08/15 (H) <Bill Hearing Rescheduled to 4/10/15>
04/10/15 (H) EDC AT 8:00 AM CAPITOL 106
04/10/15 (H) Heard & Held
04/10/15 (H) MINUTE (EDC)
04/13/15 (H) EDC AT 8:00 AM CAPITOL 106
04/13/15 (H) Scheduled but Not Heard
04/15/15 (H) EDC AT 8:00 AM CAPITOL 106
04/15/15 (H) Heard & Held
04/15/15 (H) MINUTE (EDC)
02/01/16 (H) EDC AT 8:00 AM CAPITOL 106
02/01/16 (H) Heard & Held
02/01/16 (H) MINUTE (EDC)
02/10/16 (H) EDC AT 8:30 AM CAPITOL 106
02/10/16 (H) <Bill Hearing Canceled>
03/16/16 (H) EDC AT 8:00 AM CAPITOL 106
03/16/16 (H) Heard & Held
03/16/16 (H) MINUTE (EDC)
03/18/16 (H) EDC AT 8:00 AM CAPITOL 106
BILL: HB 156
SHORT TITLE: SCHOOL ACCOUNTABILITY MEASURES; FED. LAW
SPONSOR(s): KELLER
03/20/15 (H) READ THE FIRST TIME - REFERRALS
03/20/15 (H) EDC
03/30/15 (H) EDC AT 8:00 AM CAPITOL 106
03/30/15 (H) Heard & Held
03/30/15 (H) MINUTE (EDC)
04/08/15 (H) EDC AT 8:00 AM CAPITOL 106
04/08/15 (H) Heard & Held
04/08/15 (H) MINUTE (EDC)
04/10/15 (H) EDC AT 8:00 AM CAPITOL 106
04/10/15 (H) Scheduled but Not Heard
04/13/15 (H) EDC AT 8:00 AM CAPITOL 106
04/13/15 (H) Heard & Held
04/13/15 (H) MINUTE (EDC)
03/14/16 (H) EDC AT 8:00 AM CAPITOL 106
03/14/16 (H) Scheduled but Not Heard
03/16/16 (H) EDC AT 8:00 AM CAPITOL 106
03/16/16 (H) Heard & Held
03/16/16 (H) MINUTE (EDC)
03/18/16 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REBECCA HIMSCHOOT, Nominee
State Board of Education and Early Development
Sitka, Alaska
POSITION STATEMENT: Testified as nominee to the State Board of
Education and Early Development.
ED GRAY, Parent
Sitka, Alaska
POSITION STATEMENT: Testified with concern on the appointment
of Rebecca Himschoot to the State Board of Education and Early
Development.
DAVID DEVAUGHN, Appointee
Professional Teaching Practice Commission (PTPC)
North Pole, Alaska
POSITION STATEMENT: Testified as nominee for the Professional
Teaching Practice Commission (PTPC).
PAUL PRUSSING, Appointee
Professional Teaching Practice Commission (PTPC)
Douglas, Alaska
POSITION STATEMENT: Testified as nominee for the Professional
Teaching Practice Commission (PTPC).
MELODY MANN, Appointee
Professional Teaching Practice Commission (PTPC)
Wasilla, Alaska
POSITION STATEMENT: Testified as nominee for the Professional
Teaching Practice Commission (PTPC).
DEENA PARAMO, PhD, Appointee
University of Alaska (UA) Board of Regents
Palmer, Alaska
POSITION STATEMENT: Testified as appointee to the University of
Alaska (UA) Board of Regents.
STACEY LUCASON, Appointee
University of Alaska (UA) Board of Regents
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the University of
Alaska (UA) Board of Regents.
JANET OGAN, Staff
Representative Wes Keller
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the proposed committee substitute
(CS) for HB 102, on behalf of the House Education Standing
Committee, chaired by Representative Keller.
SUSAN MCCAULLY, PhD, Interim Commissioner
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Commented on the proposed committee
substitute (CS), and responded to questions during the hearing
on HB 102.
ACTION NARRATIVE
8:03:45 AM
CHAIR WES KELLER called the House Education Standing Committee
meeting to order at 8:03 a.m. Representatives Keller, Drummond,
Talerico, Seaton, and Vazquez were present at the call to order.
Representative Spohnholz arrived as the meeting was in progress.
^CONFIRMATION HEARINGS(S):
CONFIRMATION HEARINGS(S):
8:04:31 AM
CHAIR KELLER announced that the first order of business would be
confirmations for the State Board of Education and Early
Development, the Professional Teaching Practice Commission
(PTPC), and the University of Alaska Board of Regents.
^State Board of Education and Early Development
State Board of Education and Early Development
8:05:24 AM
REBECCA HIMSCHOOT, Nominee, State Board of Education and Early
Development, stated her interests and qualifications,
paraphrasing from a prepared statement, which read [original
punctuation provided]:
I understand the responsibility of this committee is
to vet my nomination to the State Board of Education
and Early Development. I appreciate the opportunity to
discuss my qualifications with you. I would also like
to express my gratitude for your service to the state.
It is an honor to be considered for appointment to the
Alaska State Board of Education and Early Development.
As a career educator in formal and informal settings,
in public and independent schools, in urban and rural
settings, the bulk of which has been in Alaska, I
believe I bring a valuable voice to the board. I have
made professionalism and quality the foundation of my
career, and have earned recognition for my classroom
practice. I have taught in elementary classrooms in
Sand Point and Sitka, where I have been the science
specialist at my elementary school for the past six
years, and 11 years total. I have reached a point in
my career where I can see former students graduating
high school and using their education to find their
life path; recently I had breakfast with a third
grader from the 1990s who had looked me up, a high
point of my career.
My broad professional network includes educators in
both rural and urban schools, administration,
university instructors and non-profit organization
staff in Alaska and across the country. My colleagues
are exceptional, and I value their expertise and
opinions. While there is room to grow in all
professions, Alaska's schools and teachers are
achieving great gains, and our students are working
hard to make the most of their education. It is
perhaps the single greatest responsibility of a
society to raise and educate the next generation, and
I firmly believe the best way to do this is in
partnership with families, communities, and students.
The State Board has set three goals: modernizing
education in Alaska, increasing local control, and
ensuring the best quality teachers for every student
in Alaska. These are admirable goals that I am eager
to work toward. Educator quality has been a primary
goal throughout my career: I have mentored several
practicum students and a student teacher, I served on
my school's educator evaluation committee, I was
recognized in 2010 by Junior Achievement of Alaska as
their Teacher of the Year, and I received the
Presidential Award for Excellence in Math and Science
Teaching in 2012. I currently serve on the
Professional Teaching Practices Commission, the
organization tasked with the responsibility of
"policing" Alaska's educators while also protecting
their due process. As my career exemplifies, I believe
every student in Alaska deserves a compassionate,
skilled, and knowledgeable teacher. It has been my
personal practice to remain on the cutting edge of
quality education and bear the highest professional
standard, and there is an important role for me, as a
practitioner, on the State Board as it seeks to
fulfill the strategic plan goal of providing the best
quality educators for Alaska's students. I know what
good teaching looks like, and I am committed to
ensuring it is happening in every school in Alaska.
I teach in an ideal district: a recent past
superintendent in the Sitka School District often
said, "If it can be done in education, it can be done
in Sitka." About a decade ago that superintendent,
Steve Bradshaw, worked with me as the president of the
Sitka teachers' association, to transform the
relationship between administration and teachers. To
this day our teachers continue to work cooperatively
with our administration, and in part it is because of
this healthy and productive relationship that our
students in Sitka enjoy an excellent learning
environment with a wide range of opportunities and
programs to support their education.
Statewide, I have seen many of my colleagues working
with their peers to make sure every student in Alaska
has a great teacher in their classroom. There are many
excellent teachers around the state focused on
providing the very best education to the next
generation of young Alaskans, and as a classroom
teacher on the State Board of Education, I would like
to continue working toward finding meaningful common
ground through collaborative and professional
practices to reach this critical goal.
With the passage of the Every Student Succeeds Act we
have the opportunity to increase local control of our
schools. I welcome the shift away from high stakes
testing and toward increasing the support for well-
rounded education, including improved effort in
science. Alaska's 53 school districts are well-
positioned to navigate the shift in this new federal
law, but there is much important work to do in the
coming months. Adding the voice of a professional
educator who is widely networked in Alaska's schools
can help to inform this transition.
With many career paths to choose from early in life, I
chose to become a teacher. Whether it is a phone call
home to tell a family about the great progress a
student has made, or working alongside professional
scientists in my community to present hands-on science
to a class, or meeting with colleagues to ensure we're
doing everything possible to support a struggling
student, or collaborating with administration to bring
valuable professional development to teachers, I can't
imagine a more rewarding career. I would like to bring
these authentic experiences to the State Board to help
ensure the important discussions about education in
Alaska include the classroom perspective.
As a career educator, I have been a part of public
schools in Alaska most of my life. I firmly believe
Alaska's students, schools and teachers have the
opportunity to be among the best in the world. Today
Alaska is faced with challenges that are unprecedented
in recent times, but these challenges are not
insurmountable. Educating the next generation is a
sacred responsibility, and more than ever before we
will need to work together and to find partnerships to
provide a sound, well-rounded, appropriate,
challenging and stimulating school experience for
Alaska's children.
While the current fiscal situation is daunting, and
ESSA presents additional challenges, in adversity
there is always opportunity. Let communities,
families, policy-makers and educators work with the
State Board to modernize education and maximize local
control. Let's agree on how we might best prepare and
retain the highest quality teachers for Alaska's
classrooms. If there is one thing Alaskans are good
at, it is pulling together to overcome adversity. I
believe my years of diverse education experience,
along with my professionalism and reputation for
quality within the profession uniquely qualify me to
ground truth policies and decisions the State Board
considers. There are many valuable and learned voices
contributing to the conversation about education in
Alaska, and together I believe we can keep the focus
on the students and find the best ways to serve them.
I look forward to serving on the State Board of
Education and Early Development, and I thank you for
your time and consideration.
8:12:45 AM
CHAIR KELLER asked for her personal understanding of the
description of the role of the State Board of Education and
Early Development.
MS. HIMSCHOOT replied that the board oversees the Department of
Education and Early Development (EED), and assists in
developing, as well as guiding, educational policy for the
state.
8:14:40 AM
REPRESENTATIVE DRUMMOND asked for an opinion on the direction
that early education is taking, given the state's funding
issues.
MS. HIMSCHOOT shared that she places a high value on early
education, and the need to support bi-lingual students.
8:16:54 AM
ED GRAY, Parent, expressed concerns regarding standardized
tests, data mining of students, and common core practices being
applied in the Sitka public schools. He cited a comment made by
the Interim Commissioner for the Department of Education and
Early Development, Dr. Susan McCauley, contained in the State
Board of Education and Early Development information packet, for
the March 21-22, 2016, meeting, discussing the weaknesses and
threats surrounding the implementation of the Every Student
Succeeds Act (ESSA) in Alaska. The commissioner states parental
rights as the primary concern, he reported. Parents are a
child's first teachers, and they join into a partnership with
the department to provide a formal education. If that is
threatened or doesn't occur, an antagonistic situation arises,
he opined, and asked members to solicit comments on this topic
from the nominee.
8:21:40 AM
CHAIR KELLER asked the nominee to provide a written response.
MS. HIMSCHOOT acknowledged the importance for the agency to work
in partnership with families, and agreed to provide further
comments.
8:24:38 AM
CHAIR KELLER announced that the nomination would be set aside
for further consideration. He then took up the appointees to
the Professional Teaching Practice Commission (PTPC).
8:24:54 AM
DAVID DEVAUGHN, Appointee, Professional Teaching Practice
Commission (PTPC), said a second term will allow him to continue
serving a duty that he sees as important in endeavoring to hold
teachers to a higher standard and a code of ethics.
8:26:12 AM
REPRESENTATIVE DRUMMOND asked about his experience thus far on
the commission.
MR. DEVAUGHN responded that it has been an eye opening
experience to the situations that exist around the state, as
well as fulfilling.
8:27:48 AM
REPRESENTATIVE VAZQUEZ moved to advance the confirmation of
David DeVaughn, appointee to the Professional Teaching Practice
Commission, to a joint session of the House and Senate for
consideration.
8:28:23 AM
REPRESENTATIVE DRUMMOND objected, and voiced concern for the
non-advancement of Rebecca Himschoot to the Alaska State Board
of Education and Early Development. Chair Keller provided
assurance that Ms. Himschoot's appointment would be considered
further, at a subsequent meeting, and the member removed her
objection.
8:29:06 AM
CHAIR KELLER, hearing no further objection, the name of David
DeVaughn was advanced for confirmation.
^Professional Teaching Practices Commission (PTPC)
Professional Teaching Practices Commission (PTPC)
8:29:17 AM
PAUL PRUSSING, Appointee, Professional Teaching Practice
Commission (PTPC), provided a brief biography, as a lifelong
Alaskan, commercial fisherman, and father of three adult
children. Recalling his experience as a father, he said
children may, at times, be exposed more to a teacher than to
their own parents. It is imperative, then, to ensure that
classroom teachers represent the community and parents values.
8:30:37 AM
REPRESENTATIVE VAZQUEZ moved to advance the confirmation of Paul
Prussing, appointee to the Professional Teaching Practice
Commission, to a joint session of the House and Senate for
consideration. There being no objection, the confirmation was
advanced.
8:31:18 AM
MELODY MANN, Appointee, Professional Teaching Practice
Commission (PTPC), expressed appreciation for the work taken up
by the PTPC in upholding the ethical standards that the state
has established, and opined that the commission does good work
in elevating the profession.
8:32:02 AM
REPRESENTATIVE VAZQUEZ moved to advance the confirmation of
Melody Mann, appointee to the Professional Teaching Practice
Commission, to a joint session of the House and Senate for
consideration. There being no objection, the confirmation was
advanced.
^University of Alaska Board of Regents
University of Alaska Board of Regents
8:33:04 AM
CHAIR KELLER continued with the appointments to the Board of
Regents.
8:33:31 AM
DEENA PARAMO, PhD, Appointee, University of Alaska (UA) Board of
Regents, stated interest in serving as a regent, seeing it as an
extension of her dedication to the field of education, which has
been her focus for 25 years.
8:34:52 AM
REPRESENTATIVE DRUMMOND noted that the nominee received her
masters of education from the UA, and asked if there was a
specific reason she chose to pursue her doctorate degree in
Oregon.
DR. PARAMO responded that, at that time, Alaska didn't offer a
PhD program; however, UA now offers an excellent program, which
she would have entered had it been available.
REPRESENTATIVE DRUMMOND asked whether she would like to see her
own children attend UA.
DR. PARAMO said her daughter is a UA student, after a foray to
an Outside college. She reported that her daughter incorporates
a blend of on-line classes with classroom attendance at UA.
8:38:39 AM
CHAIR KELLER asked about the board of regent's approval of the
UA budget.
DR. PARAMO opined that the process is similar to K-12 budgeting:
addressing priorities and establishing efficiencies. Strategic
pathways have been offered to the board, and the bureaucratic
process for consideration will be followed. Change is afoot,
she assured, which is always a challenge, but predicted that a
positive attitude will prevail to provide good results.
8:42:42 AM
REPRESENTATIVE DRUMMOND asked about the time commitment required
to serve.
DR. PARAMO acknowledged the necessity for practicing good time
management.
8:43:55 AM
REPRESENTATIVE VAZQUEZ moved to advance the confirmation of Dr.
Deena Paramo, appointee to the University of Alaska Board of
Regents, to a joint session of the House and Senate for
consideration. There being no objection, the confirmation was
advanced.
8:44:44 AM
STACEY LUCASON, Appointee, University of Alaska (UA) Board of
Regents, indicated an understanding of the budget situation, and
said the appointment is an opportunity to be involved in the
direction of the university.
8:46:42 AM
REPRESENTATIVE DRUMMOND noted the appointee's interest in
medical health, asked whether she plans to pursue it as a
career, and solicited her thoughts on the Washington, Wyoming,
Alaska, Montana, Idaho Medical Education Program (WWAMI)
program.
MS. LUCASON said she expects to apply to medical school and
possibly utilize the WWAMI program.
REPRESENTATIVE DRUMMOND voiced support for the candidate.
8:48:37 AM
REPRESENTATIVE VAZQUEZ moved to advance the confirmation of
Stacey Lucason, appointee to the University of Alaska Board of
Regents, to a joint session of the House and Senate for
consideration. There being no objection, the confirmation was
advanced.
8:50:35 AM
The committee took a brief at-ease at 8:50 a.m.
HB 102-RESIDENTIAL PSYCH CTR; EDUC. STDRS/FUNDS
8:50:47 AM
[CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 120, "An Act relating to workers' compensation
and transportation network companies; and providing for an
effective date."] [Before the committee, adopted as a work
draft on 2/1/16, was the proposed committee substitute (CS) for
HB 102, Version 29-LS0519\S, Glover, 2/10/16.]
REPRESENTATIVE VAZQUEZ moved to adopt the committee substitute
(CS) for HB 102, version 29-LS0519\Y, Glover, 3/17/16, as the
working document. Without objection, Version Y was before the
committee.
8:54:53 AM
JANET OGAN, Staff, Representative Wes Keller, Alaska State
Legislature, directed attention to the proposed CS, page 2, line
18, to paraphrase the language, which read:
(a) A school district may enter into a contract to
provide payments to a residential psychiatric
treatment center that provides an educational program
for a student admitted to the center. If a school
district and a residential psychiatric treatment
center are unable to agree on a proposed contract on
or before January 1 immediately preceding the first
school year for which the residential psychiatric
treatment center is seeking funding, the school board
where a student who is admitted to the center is
enrolled shall enter into a contract with the center
as provided in (b) of this section.
MS. OGAN pointed out that the "shall" contained in the first
line of this subsection, was changed to "may" and the initial
date of "April 1" is now "January 1" to reflect a previously
adopted amendment. The final change alters the sunset date, she
said, which was "2019" and is now proposed as "2020".
8:57:50 AM
The committee took an at-ease from 8:57 a.m. to 9:02 a.m.
9:02:04 AM
CHAIR KELLER announced that public testimony was previously
closed and stated intent to maintain that status.
9:02:41 AM
REPRESENTATIVE SEATON returned to the language change, page 2,
line 18, the term "shall" now proposed as "may". He directed
attention to the subsequent line 24 that was not changed to the
permissive term, but maintains the directive "shall". Given the
scenario of a Kenai student attending the North Star facility in
Anchorage, he questioned how funds would be directed and the
contract requirements that apply.
9:04:33 AM
CHAIR KELLER paraphrased from page 2, lines [18-19] to emphasize
the intent. He said, "A district may enter into a contract to
provide payments to residential psychiatric treatment centers."
A conditional statement is provided, he said, and continued
paraphrasing:
If a district and a [residential psychiatric treatment
center] are unable to agree on a proposed contract on
or before [January 1], then it becomes a mandate.
CHAIR KELLER maintained that this language makes it very clear.
REPRESENTATIVE SEATON, continuing to clarify, said:
On line 23, '... the school board where a student who
is admitted to the center is enrolled ...' ... This
is saying that whatever school board ... a student is
enrolled in will enter a contract with the
[residential psychiatric treatment center], not the
Anchorage school district.
CHAIR KELLER concurred.
REPRESENTATIVE SEATON turned to the Kenai Peninsula Borough
School District (KPBSD) letter, from Superintendent Sean Dusek,
dated 3/11/16, to the member, which lists a number of concerns.
He paraphrased the bullet points, which read as follows
[original punctuation provided]:
The funding proration is ambiguous regarding the
funding types to be included in the calculation, 9i.e.
does this formula include local contribution, grant
funding, the BSA, and intensive needs funding?).
There are no measures in place to hold residential
facilities accountable for providing a quality
education.
There is no oversight to hold residential facilities
accountable for implementing special education and
special education legal paperwork.
There is no proof that residential facilities will
adequately coordinate educational activities with
school districts and provide an education that is
aligned with local schools in a manner that is better
than what is currently offered.
This bill will create financial uncertainty for school
districts due to an inability to predictably budget
for these students.
This plan may open the door for out of state
residential facilities to charge significant amounts
of money to local school districts for students at
their facilities.
CHAIR KELLER said an amendment would be welcomed, and pointed
out that funding is not stipulated in the bill.
REPRESENTATIVE SEATON asked whether the bill includes the local
contribution of the base student allocation (BSA) intensive
needs, and conjectured that perhaps the intent is for a
combination of all three funding sources.
9:09:13 AM
DR. SUSAN MCCAULLY, PhD, Interim Commissioner, Department of
Education and Early Development, said the current Version Y does
not appear to specify the funding mechanism. Because it's not
prescriptive, negotiations would need to be entered into to make
payment determinations. She directed attention to page 2, line
26, which read:
(b) A school board shall enter into a contract to
provide payments to a residential psychiatric
treatment center that provides an educational program
for a student ...
9:10:43 AM
REPRESENTATIVE SEATON maintained interest in understanding the
source of the funding that will be used to support a student,
and satisfy the concerns raised in the cited KPBSD letter,
especially regarding local and state funding contributions.
Additionally, the letter indicates that a door may be opened to
Outside contractors, and the bill doesn't appear to limit
treatment to in-state facilities. A question, he said, that
needs to be answered.
9:11:37 AM
CHAIR KELLER pointed out that nothing in charter school statute
specifies what is local versus state contribution, and said the
North Star center is not unlike a charter school.
9:11:53 AM
REPRESENTATIVE SEATON said ASD has requested an opinion
regarding state educational funds being directed to a private
facility, and drew attention to the committee packet and the
Legal Services memorandum, from Jean M. Mischel, dated 3/17/16,
addressing the subject: Constitutionality of CSHB 102 (EDC)
(Work Order No. 29-LS0519\S).
9:12:35 AM
REPRESENTATIVE SPOHNHOLZ stated opposition to the bill, and said
it appears to have been created in response to a situation
specific to ASD. She expressed interest in hearing further from
ASD regarding strides and inroads that have been handled
locally, and perhaps avoid the need to enter the statutory
process.
9:15:40 AM
REPRESENTATIVE DRUMMOND directed attention to the committee
packet, and the three page ASD letter, from Superintendent Ed
Graff, dated 3/17/16, which describes the extensive changes that
have been implemented in an effort to remedy the situation,
since HB 102 was first introduced [February 2015].
9:16:16 AM
REPRESENTATIVE SEATON moved to adopt an amendment he called
"Y.1," [labeled 29-LS0519\S.5, Glover 3/16/16], on behalf of
Representative Colver, which read as follows [original
punctuation provided]:
Page 2, line 28, following "district":
Insert "during the student count period described
under AS 14.17.600"
CHAIR KELLER objected for discussion.
9:16:48 AM
The committee took an at-ease from 9:16 a.m. to 9:24 a.m.
9:24:16 AM
CHAIR KELLER invited Representative Seaton to move an amendment
that aligned with Version Y. [The previous motion to adopt
Amendment "Y.1" was treated as withdrawn].
9:25:00 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 1,
page 3, line 3, as follows:
Page 3, line 3, following "district":
Insert "during the student count period described
under AS 14.17.600"
CHAIR KELLER objected for discussion.
9:26:01 AM
CHAIR KELLER removed his objection, without further objection,
Conceptual Amendment 1 was adopted.
9:26:29 AM
REPRESENTATIVE VAZQUEZ commented on the defining dates that HB
102 has been heard in committee, since the session began in
2015, and pointed out that it may be disingenuous for districts
to begin weighing in at this late date. Extensive testimony has
been heard and the onsite visits to the North Star facility, by
committee members, occurred during the interim. She opined that
the basic educational requirements, of the students who require
this type of facility, have been seriously neglected.
9:28:21 AM
REPRESENTATIVE VAZQUEZ moved to report CS for HB 102, 29-
LS0519\Y, Glover 3/16/16, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
9:28:39 AM
CHAIR KELLER objected for discussion.
9:28:49 AM
REPRESENTATIVE VAZQUEZ expressed additional concern for the
neglect of the vulnerable students being served, that this bill
addresses. A seamless situation needs to be available for this
at-risk population, she stressed.
9:31:05 AM
REPRESENTATIVE SPOHNHOLZ agreed with the at-risk population, and
recalled testimony received in committee from parents. However,
placing statute on the books that may not be necessary is also a
concern. Creating a statewide remedy to what appears to be a
local problem may be using a sledge hammer when a scalpel is
required, she opined.
9:34:02 AM
REPRESENTATIVE SEATON noted that the bill has undergone a number
of changes, and pointed out the recent comments received from
ASD, along with the legal opinion, both contained in the
committee packet. The changes in the bill appear to define the
facility as a school, and the legal opinion states that it will
be unconstitutional for educational dollars to be directed in
that manner. The thrust has gone beyond working cooperatively
with a treatment facility, and now describes that facility as a
school. Additionally, ASD indicates that the issues are being
addressed, negating the need for legislation.
9:37:46 AM
REPRESENTATIVE TALERICO referred to the bill [Section 1, page 2,
lines 2-4], which read as follows:
(3) in some instances, a residential psychiatric
treatment center is able to provide more effective
educational and treatment services to an admitted
student than a school district can provide to the
student;
REPRESENTATIVE TALERICO said it appears that the students are
being sidelined during a power play of administrators exerting a
tug of war. He said the bill appears to be moving in the right
direction in keeping the students as the priority.
9:40:41 AM
REPRESENTATIVE DRUMMOND expressed appreciation for an instate
facility, however, local school boards may be negatively
impacted by passage of the bill.
9:42:22 AM
CHAIR KELLER interjected that the bill will not define the
treatment center as a school.
9:43:57 AM
CHAIR KELLER removed his objection and, without further
objection, ordered CSHB 102(EDC), as reported from the House
Education Standing Committee.
9:44:07 AM
The committee took an at-ease from 9:44 a.m. to 9:46 a.m.
HB 156-SCHOOL ACCOUNTABILITY MEASURES; FED. LAW
9:46:16 AM
CHAIR KELLER announced that the final order of business would be
CS FOR HOUSE BILL NO. 156(EDC), "An Act relating to the duties
of the Department of Education and Early Development and school
districts; relating to public school curriculum and assessments;
relating to compliance with federal education laws; relating to
public school accountability; relating to a statewide assessment
plan and review of education laws and regulations; and providing
for an effective date." [Before the committee, adopted as a
work draft on 3/16/16, was the proposed committee substitute
(CS) for HB 156, Version 29-LS0566\Y, Glover, 3/11/16.]
9:46:37 AM
CHAIR KELLER stated that the intent of HB 156 is to unify around
the issues currently faced by the state. Many situations are
contributing factors, which include: the AMP assessment, common
core, federal overreach, unfunded mandates on districts, a new
commissioner and state board members, as well as the state
budget. The bill askes for a break from the regimen to allow
the educational system and legislature time to regroup,
formulate a new assessment plan and provide recommendations on
the accountability section of statute. He encouraged members to
visit the EED website to review the public report card section
and praised the agency for its performance regarding its
fulfilment of the reporting requirements. Working together,
during this brief break, the complicated issues can be
appropriately addressed. The overreach of federal government
continues to affect the state, he opined. The reauthorization
of the No Child Left Behind Act (NCLB) has resulted in the Every
Student Succeeds Act (ESSA), an extensive, 1,059 page document,
effective August 2016. A primary intent for HB 156 is to
delete, from state statute, language that Alaska shall implement
specific federal code. The reauthorization may be fine to
implement, but there needs to be an opportunity for the
department to gain an understanding, incorporate changes,
promulgate regulations, and implement the standards of this
extensive federal act. Several items of interest are reported
to be contained in ESSA, which include: Title I portability, to
allow flexibility regarding the funding; a right for parents to
opt their student out of high stakes tests; and a bigger
emphasis on local control. At least two of these provisions
were stripped out in the final version; however, local control
has been retained. The proposed hiatus is not to ensure
compliance with ESSA, but rather is intended to allow time to
understand the financial ramifications. Federal dollars are a
major source of funding for EED, he pointed out, which indicates
that the agency works on behalf of the local districts, the
legislature, and the federal government. The two year window
should prove reasonable, he maintained, and reported that
California has been allowed a three year waiver without loss of
federal funding, thus, precedent does exist.
9:55:54 AM
REPRESENTATIVE SEATON directed attention to the bill, page 3,
and lines 18-19, which read as follows:
(1) [IMPLEMENT 20 U.S.C. 6301 - 7941 (ELEMENTARY AND
SRCONDARY EDUCATION ACT OF 19650, AS AMENDED;
REPRESENTATIVE SEATON asked about the purpose for removing this
language, and will the result be the creation of a new set of
Alaska standards.
CHAIR KELLER said, "It's a process that's going to put a greater
emphasis on local districts." He stressed that HB 156 doesn't
prescribe standards or change the current Alaska standards;
however, by pulling back on the assessment schedule it allows
the department the opportunity to make recommendations for
possible change.
CHAIR KELLER thanked the participants.
9:57:47 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:57 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB102 CS vY.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 support letter Caela.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 Rebuttal of ASD Evelyn Alsup Norht StarDeficiencies 3_8.docx |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 CS Work Draft S.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 Letter of Concern Matanuska- Susitna School District.PDF |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB102 Follow up with ASD Testimony.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |
| HB 102 ASD Opposition House Education Committee Letter 031516.pdf |
HEDC 3/18/2016 8:00:00 AM |
HB 102 |