Legislature(2011 - 2012)HOUSE FINANCE 519

03/28/2012 01:30 PM House FINANCE


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01:37:56 PM Start
01:38:36 PM State Board of Education Discussion
02:34:52 PM Presentation: Alaska Policy Forum
03:13:48 PM HB258
04:08:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Discussion with the Chair of the State Board of TELECONFERENCED
Education
+ Presentation: Alaska Policy Forum TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 258 NATURALLY OCCURRING ASBESTOS TELECONFERENCED
Moved CSHB 258(FIN) Out of Committee
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 28, 2012                                                                                            
                         1:37 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:37:56 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Thomas  called the House Finance  Committee meeting                                                                    
to order at 1:37 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Michael  Hanley, Commissioner,  Department of  Education and                                                                    
Early  Development; Brodie  Anderson, Staff,  Representative                                                                    
Reggie  Joule; Roger  Healy, Chief  Engineer, Department  of                                                                    
Transportation  and Public  Facilities; Representative  Alan                                                                    
Austerman.                                                                                                                      
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Esther  Cox,  Chair, Alaska  State  Board  of Education  and                                                                    
Early Development;  David Boyle, Research  Associate, Alaska                                                                    
Policy  Forum;  Emily  Nauman, Attorney,  Legislative  Legal                                                                    
Services;  Saritha  Anjilvel,  Assistant  Attorney  General,                                                                    
Transportation Section, Civil Division, Department of Law.                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
STATE BOARD OF EDUCATION DISCUSSION                                                                                             
          Board Chair, Esther Cox                                                                                               
                                                                                                                                
PRESENTATION:                                                                                                                   
          ALASKA POLICY FORUM                                                                                                   
          Research Associate, David Boyle                                                                                       
                                                                                                                                
HB 258    NATURALLY OCCURRING ASBESTOS                                                                                          
                                                                                                                                
          CSHB 258(FIN)  was REPORTED out of  committee with                                                                    
          a  "do  pass"  recommendation  and  with  one  new                                                                    
          fiscal    impact   note    from   Department    of                                                                    
          Transportation  and  Public  Facilities,  one  new                                                                    
          fiscal    impact   note    from   Department    of                                                                    
          Environmental  Conservation,  one  new  zero  note                                                                    
          from  Department  of  Natural Resources,  one  new                                                                    
          zero note  from Department of Law,  and previously                                                                    
          published fiscal notes: FN1 (DLWD), FN3 (DHSS).                                                                       
                                                                                                                                
^STATE BOARD OF EDUCATION DISCUSSION                                                                                          
                                                                                                                                
1:38:36 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze discussed the meeting agenda.                                                                                  
                                                                                                                                
MICHAEL  HANLEY, COMMISSIONER,  DEPARTMENT OF  EDUCATION AND                                                                    
EARLY  DEVELOPMENT,  introduced  Esther Cox,  Chair  of  the                                                                    
State Board of Education.                                                                                                       
                                                                                                                                
ESTHER  COX,  CHAIR, ALASKA  STATE  BOARD  OF EDUCATION  AND                                                                    
EARLY   DEVELOPMENT   (via  teleconference),   thanked   the                                                                    
committee for its time.                                                                                                         
                                                                                                                                
Co-Chair  Stoltze asked  Commissioner  Hanley  to provide  a                                                                    
narrative about  Ms. Cox. Commissioner Hanley  remarked that                                                                    
Ms.  Cox had  been a  leader in  education. He  read from  a                                                                    
handout on file:                                                                                                                
                                                                                                                                
     Esther J. Cox was appointed to the State Board of                                                                          
     Education and Early Development in March 2003 by                                                                           
     Governor Frank Murkowski.                                                                                                  
                                                                                                                                
     Ms.  Cox  was an  Alaska  educator  for 33  years.  She                                                                    
     taught English  in Anchorage and  Juneau, and  was head                                                                    
     teacher  for  a  special   program  for  Alaska  Native                                                                    
     students, assistant principal at  Service and West High                                                                    
     Schools,  principal   at  Romig  Junior   High  School,                                                                    
     Anchorage  School  District Secondary  Supervisor,  and                                                                    
     principal at the King Career Center in Anchorage.                                                                          
                                                                                                                                
     While Ms.  Cox was  principal, Romig was  recognized by                                                                    
     the  U.S.  Department  of Education  as  a  "School  of                                                                    
     Excellence."                                                                                                               
                                                                                                                                
     She has  served as president of  the Alaska Association                                                                    
     of  Secondary  School   Principals,  president  of  the                                                                    
     Alaska School Activities  Association, and president of                                                                    
     the   National   Association    of   Secondary   School                                                                    
     Principals, a 32,000-member  organization. In 1995, she                                                                    
     received the Milken Family Education Award.                                                                                
                                                                                                                                
Commissioner  Hanley elaborated  that Ms.  Cox continued  to                                                                    
serve as board  chair and beyond in a  variety of functions.                                                                    
He shared  that it had been  a pleasure to serve  with Chair                                                                    
Cox.                                                                                                                            
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
Ms. Cox provided a presentation  titled: "Alaska State Board                                                                    
of  Education and  Early Development  Annual  Report to  the                                                                    
Legislature  for 2011"  (copy  on file).  She discussed  the                                                                    
structure  of the  board and  would go  on to  highlight the                                                                    
report in members' packets (she  had presented the report to                                                                    
the House  and Senate Education Committees  in February 2012                                                                    
as a result of the implementation  of SB 1, which had passed                                                                    
the prior session).                                                                                                             
                                                                                                                                
Ms. Cox explained that the  board was on staggered five-year                                                                    
terms and  members were appointed  by the governor.  No more                                                                    
than four  members could come from  the governor's political                                                                    
party and one  member was required to come from  each of the                                                                    
state's  three  judicial  districts.  Additionally,  it  was                                                                    
suggested  that  one  member should  be  from  rural  Alaska                                                                    
(there had been a rural  Alaska representative while she had                                                                    
been  on the  board). There  was  also one  student and  one                                                                    
military   representative.   Board  members   included   Jim                                                                    
Merriner  (Anchorage),  Janel  Keplinger  (Kodiak),  Phillip                                                                    
Schneider  (Anchorage),  Geraldine  Benshoof  (North  Pole),                                                                    
Bunny  Schaefer (Kotzebue),  Patrick Shier  (Juneau), Esther                                                                    
Cox  (Anchorage),   U.S.  Army   Lt.  Col.   Grant  Sullivan                                                                    
(military  advisor), and  Tiarna  Fischler (student  advisor                                                                    
from Manokotak).  Ms. Cox detailed  that the  second student                                                                    
advisor  was  selected  in December  (Madison  Manning  from                                                                    
Newhalen) who would take Ms.  Fischler's place when her term                                                                    
was completed in June 2012.                                                                                                     
                                                                                                                                
Ms.   Cox   continued   to  address   board   details.   She                                                                    
communicated  that the  board selected  the commissioner  of                                                                    
the Department of Education and  Early Development (DEED) on                                                                    
approval of  the governor. She  discussed the  importance of                                                                    
the   working   relationship    between   the   board,   the                                                                    
commissioner,  and   the  governor.   She  added   that  the                                                                    
commissioner worked at  the pleasure of the  board while the                                                                    
board worked at the pleasure of the governor.                                                                                   
                                                                                                                                
1:46:34 PM                                                                                                                    
                                                                                                                                
Ms. Cox  explained that the DEED  commissioner took guidance                                                                    
from  the  board and  provided  counsel  to the  board.  She                                                                    
briefly discussed  the Alaska Performance  Scholarship (APS)                                                                    
and  explained  that  the  topic was  high  on  the  board's                                                                    
priority list. She stressed that  the scholarship provided a                                                                    
great  opportunity  that  some  students may  not  have  had                                                                    
otherwise.  She  relayed that  one  of  the board's  primary                                                                    
responsibilities  was to  pass regulations  that helped  the                                                                    
legislature pass laws. The board  had been busy establishing                                                                    
GPA eligibility  requirements, SAT/ACT and  WorkKeys scores,                                                                    
and  qualifying  courses.  A   phase-in  schedule  had  been                                                                    
implemented  in the  current year  that allowed  scholarship                                                                    
opportunities to  go to students  who graduated in  the past                                                                    
year and for  the next two years. A number  of course titles                                                                    
had been  approved for the  APS curriculum; the  board would                                                                    
continue to monitor all pieces of the APS.                                                                                      
                                                                                                                                
Ms. Cox  relayed that  the board  had adopted  amendments to                                                                    
WorkKeys  assessments;  two  years  earlier  the  board  had                                                                    
mandated  that  all  eleventh   graders  take  the  WorkKeys                                                                    
assessment.   She  explained   that  WorkKeys   had  created                                                                    
thousands of job profiles that  analyzed skill levels needed                                                                    
for  specific occupations.  For  example, if  a student  was                                                                    
interested  in  becoming an  engineer  the  job profile  may                                                                    
specify that  a level 6  in math was necessary  for success;                                                                    
if  a  student  only  received a  level  4,  the  assessment                                                                    
provided guidance for the student's curriculum pathway.                                                                         
                                                                                                                                
Ms. Cox communicated  that the board had  determined that it                                                                    
was up  to the Individual  Education Program (IEP)  team for                                                                    
students  with cognitive  disabilities to  decide whether  a                                                                    
student should  be required to take  the WorkKeys assessment                                                                    
(the board had amended  its original mandate requiring every                                                                    
eleventh  grader  to  take  the  WorkKeys  assessment).  She                                                                    
furthered  that  the  board  had  issued  a  supplement  for                                                                    
WorkKeys  assessment   in  September  2011   clarifying  the                                                                    
appropriate   use  of   accommodations  for   students  with                                                                    
disabilities and  students with limited  English proficiency                                                                    
(action was taken in January 2012).                                                                                             
                                                                                                                                
1:50:30 PM                                                                                                                    
                                                                                                                                
Ms.  Cox discussed  that the  board had  adopted the  World-                                                                    
Class Instructional  Design and Assessment  (WIDA) standards                                                                    
for English  language learners for  pre-kindergarten (pre-K)                                                                    
through  Grade  12.  The  board  had  amended  a  couple  of                                                                    
regulations  related   to  state  assessments   and  adopted                                                                    
revised   participation   guidelines   for   students   with                                                                    
disabilities.   She  believed   the   board  was   extremely                                                                    
sensitive to  accommodating student differences  and varying                                                                    
achievement  levels.  The  board  was  able  to  respond  to                                                                    
suggestions from  stakeholders, identify new  resources, and                                                                    
keep up  to date  on practices  in accommodations.  Work had                                                                    
been done with teacher  certification and quality; there was                                                                    
a teacher quality subcommittee that  was working on creating                                                                    
a  teacher evaluation  document model,  which would  include                                                                    
student   achievement.  The   subcommittee   would  make   a                                                                    
recommendation to the board in the near future.                                                                                 
                                                                                                                                
Ms.  Cox  reported  that  the   board  had  adopted  several                                                                    
amendments    to   regulations    pertaining   to    teacher                                                                    
certification. She furthered that  every teacher moving from                                                                    
a  three-year   certificate  to  a   professional  five-year                                                                    
certificate needed to be employed  as a teacher for at least                                                                    
two  years. Additionally,  the  board  had approved  teacher                                                                    
preparation  programs  for  elementary school  math  at  the                                                                    
University  of Alaska  Southeast and  for an  endorsement at                                                                    
Alaska Pacific  University (APU),  and added  an endorsement                                                                    
in the  Career and  Technical Education  certificate program                                                                    
at the  University of Alaska  Anchorage. The board  was also                                                                    
involved in  teacher preparation programs and  their review;                                                                    
it  had  been  instrumental  in  the  National  Council  for                                                                    
Accreditation  of  Teacher Education  (NCATE)  accreditation                                                                    
for APU.                                                                                                                        
                                                                                                                                
Ms.  Cox discussed  that proper  standards for  students was                                                                    
one  of  the  state's constitutional  responsibilities.  She                                                                    
elaborated that since February  2010 DEED, Alaska educators,                                                                    
and  industry representatives  had engaged  in a  process to                                                                    
replace the  current content standards; the  board knew that                                                                    
the  standards had  been  too low.  Rigor  was an  important                                                                    
factor  for the  APS curriculum  and student  standards. The                                                                    
focus had been  to ensure that students  graduated from high                                                                    
school,  college and  career ready.  New standards  would be                                                                    
inclusive  of  kindergarten  through  grade  12  unlike  the                                                                    
current  kindergarten   through  grade  10   standards;  the                                                                    
revision  of grade  level  expectations  would follow  after                                                                    
standards  were  adopted  by   the  board.  Alaska  had  not                                                                    
implemented  national Common  Core standards  that had  been                                                                    
adopted  by  many  states;   Alaska's  standards  were  more                                                                    
rigorous and development had been  conducted by Alaskans for                                                                    
Alaskan students. She emphasized  that standards would allow                                                                    
the  state to  utilize nationally  developed curriculum  and                                                                    
assessments.   Standards   were   currently   being   vetted                                                                    
throughout the state; the board  had allotted six months for                                                                    
public testimony, which  was scheduled to occur  a couple of                                                                    
weeks prior  to the  board's June  2012 meeting  (DEED would                                                                    
make recommendations to the board at the June meeting).                                                                         
                                                                                                                                
1:55:31 PM                                                                                                                    
                                                                                                                                
Ms. Cox conveyed that the  new Alaska standards were aligned                                                                    
with college and work  ready training expectations, included                                                                    
rigorous  content  and   application  through  higher  order                                                                    
skills,  built   upon  strength   and  lessons   of  current                                                                    
standards, were equal  to or more rigorous  than Common Core                                                                    
standards,  and related  to  real  world applications.  Work                                                                    
would   begin  on   the   new   standards  and   assessments                                                                    
immediately following  the June board meeting.  She detailed                                                                    
that  the new  assessments would  not be  used for  students                                                                    
until 2016.                                                                                                                     
                                                                                                                                
Ms. Cox moved on to  discuss the teacher mentorship program,                                                                    
which she  believed was very  good. In 2004 the  program was                                                                    
initiated  to  increase  teacher retention  by  helping  new                                                                    
teachers  (particularly  rural   teachers)  to  become  more                                                                    
effective  in  their  instructional practices  within  their                                                                    
first  two  years in  the  classroom.  Due to  budget  cuts,                                                                    
currently there  were 24 mentors  working with  330 teachers                                                                    
in 142  schools located in  34 school districts  compared to                                                                    
the prior year  when there had been 28  mentors working with                                                                    
401 teachers in 187 schools  located in 43 school districts.                                                                    
She  stressed  that  the program  was  successful.  From  an                                                                    
average  rural teacher  retention  rate of  68 percent,  the                                                                    
mentored teachers  had been retained  at 84 percent  in 2010                                                                    
and  2011. Additionally,  there  were  promising results  to                                                                    
start closing  the achievement gap that  was typical between                                                                    
students of  new versus veteran  teachers. She  relayed that                                                                    
when  Jim Hickerson  had been  superintendent of  the Bering                                                                    
Strait School  District he had  told her that 85  percent of                                                                    
the district's  new teachers came  from outside  Alaska; she                                                                    
stressed that  there were  many cultural,  geographical, and                                                                    
environmental  differences  for out-of-state  teachers.  She                                                                    
accentuated  that mentors  had helped  new teachers  in many                                                                    
ways.                                                                                                                           
                                                                                                                                
Ms. Cox  moved on to  discuss early learning. She  read from                                                                    
the report:                                                                                                                     
                                                                                                                                
     In  2009, the  Legislature  provided $2  million for  a                                                                    
     pilot pre-kindergarten  program that would  include six                                                                    
     sites.  The   purpose  was   to  allow   varied  school                                                                    
     districts   to    create   preschool    programs   that                                                                    
     incorporate Alaska's Early  Learning Guidelines in ways                                                                    
     tailored to their local communities.                                                                                       
                                                                                                                                
Ms.  Cox  elaborated  that the  legislature  had  added  two                                                                    
additional sites to the pilot pre-kindergarten program.                                                                         
                                                                                                                                
1:59:02 PM                                                                                                                    
                                                                                                                                
Ms.  Cox referenced  an extensive  report that  showed there                                                                    
were  still  students  performing  below  expectations.  The                                                                    
board  had endorsed  DEED's  Family  Engagement Plan,  which                                                                    
included action  steps for parents, teachers,  and community                                                                    
members  that would  ultimately impact  student achievement.                                                                    
The  plan  in  conjunction  with  the  Early  Literacy  Plan                                                                    
provided   actions  that   parents,  caregivers,   preschool                                                                    
teachers,  and community  members could  do that  would help                                                                    
students  arrive at  school ready  to learn.  She emphasized                                                                    
the  importance  of  the  issue.   She  pointed  to  various                                                                    
beneficial   programs   including   Best   Beginnings,   the                                                                    
Imagination Library, and other.                                                                                                 
                                                                                                                                
Ms. Cox communicated  that the board operated  as the school                                                                    
board  for  Mt.  Edgecumbe  High  School  (a  state-operated                                                                    
boarding school  in Sitka  for approximately  400 students).                                                                    
She stated that  78 percent of the  student population self-                                                                    
identified as  Alaska Native. The board  had recently worked                                                                    
on  credit  requirement  changes with  Superintendent  Randy                                                                    
Hawk and  hoped to begin  holding one of its  board meetings                                                                    
at the school once a year.                                                                                                      
                                                                                                                                
Ms.  Cox shared  that along  with other  educators, she  had                                                                    
attended  Anchorage   Mayor  Sullivan's   two-day  education                                                                    
summit. The summit had highlighted  the importance of world-                                                                    
class  leadership   (teachers  and   principals),  community                                                                    
engagement and commitment,  greater expectations for student                                                                    
success,   and  expanded   choice   opportunities  for   all                                                                    
students.                                                                                                                       
                                                                                                                                
Ms.  Cox relayed  that the  board planned  to meet  with the                                                                    
University  of   Alaska  Board  of  Regents   in  June  2012                                                                    
regarding  teacher  preparation,  admissions,  expectations,                                                                    
credit   transfer,   and   other.  She   mentioned   teacher                                                                    
evaluations  tied  to  student  achievement.  She  addressed                                                                    
various items  on the  board's horizon  including continuing                                                                    
to monitor DEED work  with intervention districts, dialogues                                                                    
with boards  and superintendents of  intervention districts,                                                                    
reports from  districts that had exited  intervention status                                                                    
(how  had  it  gone,  what  worked,  what  could  have  used                                                                    
improvement, etc.),  a board session on  strategic planning,                                                                    
continuation of  the implementation of the  state Career and                                                                    
Technical   Education  Plan,   additional   work  on   state                                                                    
standards   and  assessments,   and  monitor   and/or  amend                                                                    
regulations for the APS.                                                                                                        
                                                                                                                                
2:02:45 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas wondered why the  Board of Education had not                                                                    
taken  the success  experienced  at Mt.  Edgecumbe to  other                                                                    
districts in  the state. He referenced  high student success                                                                    
at  the  high  school.  He thought  that  stellar  work  and                                                                    
education  strategies used  at  Mt. Edgecumbe  needed to  be                                                                    
shared  with  the  other  school  districts.  He  referenced                                                                    
comments he  had made during  a committee meeting  the prior                                                                    
day related to school failure and success.                                                                                      
                                                                                                                                
Ms. Cox agreed  that Mt. Edgecumbe was  very successful. She                                                                    
explained that  it was a  residential school  where students                                                                    
led  very  structured lives.  Students  had  study time  and                                                                    
chaperoned activities; it was  a very controlled environment                                                                    
compared to public  schools. The school worked  well for its                                                                    
400  students.  There  were many  adults  working  with  the                                                                    
students;  if intervention  was  needed there  was an  adult                                                                    
present  all  of  the  time   and  dormitories  had  24-hour                                                                    
supervision. She  believed that the  environment contributed                                                                    
to  the  success of  the  school.  She emphasized  that  the                                                                    
educational and  living environment was very  different from                                                                    
regular school  districts and  believed that  it contributed                                                                    
"mightily" to the  school's success. She told  a story about                                                                    
a student  in the Nenana  boarding school who had  said that                                                                    
she  did not  like getting  up in  the morning  or going  to                                                                    
school.   She   stated   that  sometimes   more   structured                                                                    
environments helped students.                                                                                                   
                                                                                                                                
Commissioner  Hanley  pointed  out that  the  Mt.  Edgecumbe                                                                    
graduation rate  was 87.8 percent compared  to the statewide                                                                    
number  of 68  percent. The  school's dropout  rate was  0.3                                                                    
percent and the number of  students deemed proficient on the                                                                    
standards based  assessments were 84 percent  in reading, 83                                                                    
percent  in writing,  and 75  percent in  math. He  believed                                                                    
that  sometimes the  detrimental aspects  of a  child's life                                                                    
were  removed in  a  boarding school  and  that focusing  on                                                                    
positive aspects provided for greater success.                                                                                  
                                                                                                                                
2:07:59 PM                                                                                                                    
                                                                                                                                
Representative  Wilson referenced  Ms. Cox's  testimony that                                                                    
the board had  chosen not to use the  Common Core standards.                                                                    
She noted that Anchorage had  elected to use the Common Core                                                                    
standards  in  order to  have  the  ability to  compare  its                                                                    
testing to  the rest  of the U.S.  She wondered  whether the                                                                    
school board would take the topic up for discussion.                                                                            
                                                                                                                                
Ms. Cox  responded that  a lot of  discussion was  needed on                                                                    
the issue.  She thought that  Anchorage may include  some of                                                                    
the more rigorous  Alaska standards in with  the Common Core                                                                    
standards. The board was hoping  that much of the curriculum                                                                    
designed  for  the  Common  Core   would  be  applicable  to                                                                    
Alaska's standards and some of the assessments.                                                                                 
                                                                                                                                
Representative  Wilson  referred to  intervention  districts                                                                    
and wondered when  it was the responsibility of  DEED or the                                                                    
school  board to  step into  a school  district when  grades                                                                    
continued  to  fall.  She wondered  whether  the  board  had                                                                    
discussed the idea of sending  someone into the districts to                                                                    
provide more help than they currently had.                                                                                      
                                                                                                                                
Ms. Cox replied that the  board had discussed the issue. She                                                                    
explained that  there was a  fine line  to walk and  that it                                                                    
was  dictated   by  No  Child   Left  Behind;   levels  were                                                                    
stipulated and she believed once  a level 5 was reached that                                                                    
intervention  occurred.  At the  same  time,  the state  had                                                                    
always  believed in  local  control;  therefore, work  would                                                                    
have to  be done with  the local school board  and district.                                                                    
There were  issues outside of  classroom learning  that were                                                                    
difficult to  get a handle  on such as  attendance, cultural                                                                    
differences, and  other. She  stated that  teacher retention                                                                    
had been  an issue in  the past; she highlighted  an example                                                                    
of  a principal  in rural  Alaska leaving  without providing                                                                    
notice. She reiterated that the  board did discuss the issue                                                                    
and that  it worked closely  with the DEED  commissioner and                                                                    
deputy  commissioner. She  added that  the Northwest  Arctic                                                                    
School  District had  been taken  off  intervention and  was                                                                    
doing well.                                                                                                                     
                                                                                                                                
2:12:36 PM                                                                                                                    
                                                                                                                                
Representative   Wilson  understood   that  the   issue  was                                                                    
difficult and agreed that local  control was important. Over                                                                    
the interim  she hoped to  examine when  intervention should                                                                    
take  place if  districts were  failing their  students. She                                                                    
understood  the  struggle  related  to the  issue.  Ms.  Cox                                                                    
concurred that it was a struggle.                                                                                               
                                                                                                                                
Representative Gara agreed with  comments that Mt. Edgecumbe                                                                    
was  successful.  He  pointed  to  the  governor's  proposed                                                                    
budget  and  observed  that  it  included  a  DEED  increase                                                                    
reflecting  increasing salaries  and  benefits. He  wondered                                                                    
whether Mt. Edgecumbe had  been inflation-proofed for salary                                                                    
and benefit  increases. Commissioner Hanley answered  in the                                                                    
negative.  The  current  budget included  an  increment  for                                                                    
heating  system upgrades.  The Department  of Administration                                                                    
had just completed teacher contracts for Mt. Edgecumbe.                                                                         
                                                                                                                                
Representative Gara  asked whether the budget  would reflect                                                                    
teacher  salary increases  for  Mt. Edgecumbe.  Commissioner                                                                    
Hanley  responded in  the negative.  He  clarified that  the                                                                    
funding  allocated to  Mt. Edgecumbe  had not  changed aside                                                                    
for  the  increments  included in  the  governor's  proposed                                                                    
budget.                                                                                                                         
                                                                                                                                
Representative  Gara asked  for  verification  that the  new                                                                    
contracts  had   not  been  included.   Commissioner  Hanley                                                                    
believed  the answer  was no,  but  would follow  up on  the                                                                    
question.                                                                                                                       
                                                                                                                                
Representative  Costello asked  Ms. Cox  where would  she go                                                                    
and why if she had to go  back to high school in Alaska. Ms.                                                                    
Cox responded  that she would  go to Mt. Edgecumbe  or South                                                                    
Anchorage  High School  for two  different reasons.  She was                                                                    
very interested in the  residential program scenario offered                                                                    
at  Mt. Edgecumbe.  Her interest  in South  Anchorage was  a                                                                    
result  her past  employment as  the educational  consultant                                                                    
when  the high  school had  been  built; she  noted that  it                                                                    
would be  fun to be  a student in the  school to see  how it                                                                    
worked.                                                                                                                         
                                                                                                                                
Representative  Costello  believed  she  would  go  to  King                                                                    
Career Center.  She mentioned at-risk students  and believed                                                                    
the  center   offered  hands-on  learning   with  meaningful                                                                    
connections  that  provided  kids   with  skills  that  were                                                                    
relevant to  the real world.  She observed that Ms.  Cox had                                                                    
been the principal  at the center in the  past. She wondered                                                                    
how to replicate  some of the center's  best practices (that                                                                    
engaged  students  and she  believed  were  the way  of  the                                                                    
future) in the school system.                                                                                                   
                                                                                                                                
Ms.  Cox  replied that  the  items  listed were  taken  into                                                                    
consideration at  the beginning  of the core  technical plan                                                                    
implementation. She  elaborated that the King  Career Center                                                                    
was  very  successful  because  it  provided  students  with                                                                    
hands-on  learning and  a relevant  education. She  surmised                                                                    
that part  of the  strategy could  be easily  transferred to                                                                    
the academic classroom;  it began to make  sense to students                                                                    
if  they  understood  why they  were  being  taught  certain                                                                    
things and how  the material applied to the  real world. The                                                                    
beauty  of  the  King  Career Center  was  that  it  engaged                                                                    
students  in  the  education process.  She  pointed  to  the                                                                    
construction  academies throughout  the  state that  allowed                                                                    
students to  do hands on  activities and to learn  job entry                                                                    
skills  in  an extended  day  format;  she believed  it  was                                                                    
important  for kids  to  have access  to  the programs.  She                                                                    
disputed the belief that kids  could only learn between 7:30                                                                    
a.m. and  2 p.m. There  were challenges that  faced students                                                                    
currently that  had not been  an issue  in the past  such as                                                                    
the responsibility of  a child or working to take  care of a                                                                    
family. She  opined that if  schools were  accessible during                                                                    
non-traditional hours it would help bring students in.                                                                          
                                                                                                                                
2:19:58 PM                                                                                                                    
                                                                                                                                
Ms. Cox continued that kids who  may be at risk for dropping                                                                    
out in a  traditional school did not drop out  in the career                                                                    
center. She  believed the structure  could be  replicated in                                                                    
any type of school system.                                                                                                      
                                                                                                                                
Representative Joule  referenced the discussion  on boarding                                                                    
schools and told a related  family story. His family members                                                                    
had historically attended boarding  schools; he had attended                                                                    
Copper Valley  School and his  wife had gone to  St. Mary's;                                                                    
their  daughters  had attended  Mt.  Edgecumbe  in 2003  and                                                                    
2004.   He    understood   that   districts    were   having                                                                    
conversations  about   regional  boarding  schools   and  he                                                                    
wondered   whether  the   State  Board   of  Education   was                                                                    
considering the possibility.                                                                                                    
                                                                                                                                
Ms. Cox  responded that the  board had not pursued  the idea                                                                    
of  additional  regional  boarding schools.  The  board  had                                                                    
worked to  support existing  regional boarding  schools. She                                                                    
noted that Galena had recently  increased its number of beds                                                                    
to 25.                                                                                                                          
                                                                                                                                
Representative  Joule  wondered   whether  school  districts                                                                    
talked  to the  board or  DEED about  the regional  boarding                                                                    
school concept. Commissioner Hanley  replied that he had had                                                                    
several conversations  regarding regional  boarding schools,                                                                    
but there  had been no  specific propositions for  the board                                                                    
to consider. He was very  supportive of the current boarding                                                                    
school models. He  believed the value came  when the schools                                                                    
were driven  by a local  vision and desire for  a particular                                                                    
model.  He listed  various successful  models including  the                                                                    
Bethel  Alternative Boarding  School, the  Magnet School  of                                                                    
the North, and other.                                                                                                           
                                                                                                                                
[Co-Chair   Stoltze   passed   the   gavel   to   Vice-chair                                                                    
Fairclough.]                                                                                                                    
                                                                                                                                
2:24:29 PM                                                                                                                    
                                                                                                                                
Representative Gara  discussed that Mt. Edgecumbe  was state                                                                    
funded.  He  wondered  who  paid   for  salary  and  benefit                                                                    
increases  if  the state  did  not  fund them.  Commissioner                                                                    
Hanley  responded that  the negotiation  of a  higher salary                                                                    
for teachers  did not necessarily  mean there would  be more                                                                    
money  going into  the school.  He  would follow  up on  the                                                                    
question with more detail.                                                                                                      
                                                                                                                                
Representative Guttenberg asked whether  there was a special                                                                    
program  underway at  South Anchorage  High School.  Ms. Cox                                                                    
replied that  she had been  the educational  consultant when                                                                    
the school was  under construction. The final  analysis of a                                                                    
school occurred when the school  began; when the delivery of                                                                    
an educational system began it  needed to flow and work. She                                                                    
noted  that  she  had grandchildren  who  had  attended  the                                                                    
school; therefore she had seen  it from the perspective of a                                                                    
spectator. She believed  the school would be a  fun thing to                                                                    
see from the perspective as a student.                                                                                          
                                                                                                                                
Representative    Guttenberg    asked   about    multi-grade                                                                    
elementary school classrooms. He  wondered about the board's                                                                    
experience with the classrooms and  whether they occurred in                                                                    
districts throughout  the state.  Ms. Cox believed  that the                                                                    
multi-grade  elementary classrooms  probably did  take place                                                                    
throughout the  state; however she did  not have information                                                                    
on the  issue. She surmised  that the issue would  depend on                                                                    
how  a community  viewed its  school and  how children  were                                                                    
grouped;  multi-groupings  were  a reality  in  small  rural                                                                    
communities.  She  guessed  that  many  people  in  her  age                                                                    
category had  gone to one-room schoolhouses  that had multi-                                                                    
age groupings.                                                                                                                  
                                                                                                                                
Representative  Guttenberg understood  that the  multi-grade                                                                    
classrooms were  the only alternative in  rural communities;                                                                    
however,  the purpose  was different  in urban  settings. He                                                                    
was  interested  to know  how  the  structure fit  in  urban                                                                    
schools and  what was  working. Commissioner  Hanley replied                                                                    
that the multi-grade  grouping was done out  of necessity in                                                                    
some  instances and  by  choice in  others;  the reason  for                                                                    
necessity  related to  the number  of teachers  matched with                                                                    
students from different grade levels.  In some instances the                                                                    
choice  was  offered given  that  older  students are  great                                                                    
models  for younger  students  and  cooperative learning  is                                                                    
beneficial.                                                                                                                     
                                                                                                                                
2:29:09 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough discussed that  the committee had been                                                                    
hearing  from  educators  throughout the  state  during  the                                                                    
week; one teacher  she had met with suggested  that it would                                                                    
be  helpful for  the  State  Board of  Education  to have  a                                                                    
current  school  teacher  on  the  board.  The  teacher  had                                                                    
explained that a teacher would  be familiar with the present                                                                    
challenges facing teachers that  may be different than those                                                                    
even several years earlier.                                                                                                     
                                                                                                                                
Ms. Cox  replied that the  idea of having a  current teacher                                                                    
on  the board  had been  addressed  in the  past; a  teacher                                                                    
could  be appointed  to  the board.  The  board had  decided                                                                    
against the  idea of including  a teacher in order  to avoid                                                                    
opening up the  idea for other professions that  may want to                                                                    
contribute  as well.  The board  had concluded  that it  may                                                                    
work  better for  a teacher  to  be appointed  as a  regular                                                                    
member. She added that at one  time there had been a teacher                                                                    
on the board from Fairbanks.                                                                                                    
                                                                                                                                
Representative  Guttenberg  noted   that  the  teacher  from                                                                    
Fairbanks was Suzie Stitham.                                                                                                    
                                                                                                                                
Vice-chair  Fairclough  asked  the  board  to  take  up  the                                                                    
conversation  again on  the subject  for consideration.  Ms.                                                                    
Cox  shared that  there was  currently an  elementary school                                                                    
principal on the  board from Kodiak. She also  tutored in an                                                                    
elementary  school once  a week.  She assured  the committee                                                                    
that the  board would  take up  the conversation  related to                                                                    
the idea of having a current teacher on the board.                                                                              
                                                                                                                                
Ms.  Cox  thanked  the  committee  for  the  opportunity  to                                                                    
testify.                                                                                                                        
                                                                                                                                
Co-Chair Stoltze was happy that  the meeting would make more                                                                    
Alaskans aware of the State Board of Education.                                                                                 
                                                                                                                                
2:34:22 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:34:36 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
^PRESENTATION: ALASKA POLICY FORUM                                                                                            
                                                                                                                                
2:34:52 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  read a biography  for Alaska  Policy Forum                                                                    
speaker  David  Boyle  [due  to  technical  difficulty  this                                                                    
portion of the meeting was not recorded].                                                                                       
                                                                                                                                
DAVID BOYLE,  RESEARCH ASSOCIATE,  ALASKA POLICY  FORUM (via                                                                    
teleconference), thanked  the committee for  the opportunity                                                                    
to  testify. He  described the  Alaska Policy  Forum as  the                                                                    
only  free market  think tank  in the  state; it  focused on                                                                    
education,  fiscal   accountability,  and   transparency  in                                                                    
government.  The entity  was 2.5  years old,  operated as  a                                                                    
501(c)(3)  non-profit  organization,  and relied  solely  on                                                                    
citizen  contributions.  He  compared  the  organization  to                                                                    
multiple  entities including  the  Heritage Foundation,  and                                                                    
the Cato, Hoover, and Brookings Institutions.                                                                                   
                                                                                                                                
Representative   Gara   referred    to   language   on   the                                                                    
organization's  website that  said  the group  focused on  a                                                                    
conservative  perspective  on   education;  principles  were                                                                    
listed  and  included the  statement  "free  people are  not                                                                    
equal  and equal  people are  not  free." He  asked how  the                                                                    
statement informed the organization's work.                                                                                     
                                                                                                                                
Mr. Boyle  replied that the statement  reflected the group's                                                                    
belief that  everyone should have an  equal opportunity, but                                                                    
that people  under communist or  socialist systems  were not                                                                    
free.                                                                                                                           
                                                                                                                                
Representative Gara  referenced an article from  a couple of                                                                    
years  earlier indicating  that most  of the  organization's                                                                    
money came from  outside of Alaska and that  its donors were                                                                    
not  revealed.   He  asked   whether  the   information  was                                                                    
accurate.  Mr.  Boyle  replied  that  the  organization  was                                                                    
private and  confidentiality was provided to  its donors. He                                                                    
shared  that most  of the  organization's funding  the prior                                                                    
year had been provided by donors in Alaska.                                                                                     
                                                                                                                                
Mr.  Boyle  pointed  to  page 2  of  a  presentation  titled                                                                    
"School  Choice:  Options that  Work  for  Alaska" (copy  on                                                                    
file).  Page 2  included  a bar  graph  illustrating a  U.S.                                                                    
Department of  Education breakdown  of the cost  per student                                                                    
by state  in 2011. He  communicated that Alaska  ranked near                                                                    
the top  of the list  at approximately $15,300  per student;                                                                    
its costs were  exceeded by New Jersey, D.C.,  and New York.                                                                    
He acknowledged  that costs  were high  in some  rural areas                                                                    
due to energy, transportation,  and infrastructure costs. He                                                                    
stated that despite the state's  high investment the desired                                                                    
results had not been achieved.                                                                                                  
                                                                                                                                
Mr.  Boyle  moved  to page  3  titled  "Upper-Middle  Income                                                                    
Students  4th  Grade  Reading 2011  NAEP  Test  Scores."  He                                                                    
stated  that  the  grade  level   had  been  chosen  because                                                                    
children were  supposed to  be able  to read  by the  age of                                                                    
four. He referenced a saying that  "once you read by the age                                                                    
of  four, you  read  to learn."  Co-Chair Stoltze  clarified                                                                    
that  it  was fourth  grade  and  not  age four.  Mr.  Boyle                                                                    
affirmed.                                                                                                                       
                                                                                                                                
Representative Doogan  asked what NAEP stood  for. Mr. Boyle                                                                    
responded that  the term stood  for the  National Assessment                                                                    
of  Educational Progress.  He  explained  that figures  were                                                                    
derived from a  random 10 percent sample  of students tested                                                                    
throughout the country  every two years. He  shared that the                                                                    
sample  could  be  used to  compare  Alaska's  progress  and                                                                    
student achievement to other states.                                                                                            
                                                                                                                                
Mr. Boyle pointed to page  4 titled "Low Income Students 4th                                                                    
Grade Reading  2011 NAEP Test Scores"  showing that Alaska's                                                                    
low income  4th graders were  second from the bottom  of the                                                                    
list. He stated that it was  commonly said that Alaska had a                                                                    
disproportionate  number  of   low  income  students,  which                                                                    
brought down  the NAEP scores.   He turned to page  5 titled                                                                    
"%  of Low  Income Students  by State  2011" depicting  that                                                                    
Alaska was almost  in the lowest quartile  of the percentage                                                                    
of low  income students. He  discussed that all  data showed                                                                    
that income, social  class, ethnic group, and  race had very                                                                    
little to  do with student  achievement. He opined  that all                                                                    
students  could  excel if  they  were  challenged with  high                                                                    
goals.  He  furthered  that there  were  "shining"  examples                                                                    
demonstrating that more money did  not solve the problem. He                                                                    
communicated  that in  2001  Dr. Ben  Chavis  had taken  the                                                                    
lowest  performing  middle school  in  Oakland,  CA and  had                                                                    
turned  it into  the  number  one middle  school  in all  of                                                                    
California.  He  furthered  that the  success  had  occurred                                                                    
despite  a  student  population  that  was  98  percent  low                                                                    
income, 85  percent on free  and reduced price  lunches, and                                                                    
45  percent spoke  English as  a second  language. He  added                                                                    
that the success  had been achieved on a budget  that was 30                                                                    
percent lower than that of a comparable Oakland school.                                                                         
                                                                                                                                
Mr. Boyle  turned to page  6. He stressed that  focus should                                                                    
be on  "the destination of  the wagon and not  be distracted                                                                    
by the turning  of the wheels on the wagon."  He stated that                                                                    
attention tended to  be on the "input" side  of the equation                                                                    
including  items such  as base  student allowance,  physical                                                                    
plant,  transportation,  and  social services.  He  believed                                                                    
focus  should be  on the  "output" including  items such  as                                                                    
increased student  achievement, increased  graduation rates,                                                                    
student engagement  and motivation, teacher  engagement, and                                                                    
classroom environment.                                                                                                          
                                                                                                                                
2:43:45 PM                                                                                                                    
                                                                                                                                
Mr. Boyle addressed  page 7 titled "Causes  of Low Education                                                                    
Performance."  He  believed  the  state had  very  low  goal                                                                    
setting. He  stated that the  high school exit exam  was set                                                                    
to the eighth  grade level. He explained that  the state had                                                                    
used the Iowa  Tests of Basic Skills in the  late 1990s, but                                                                    
the metric  had been  changed to the  California Achievement                                                                    
Test  and changed  again to  the Standards  Based Assessment                                                                    
(SBA), which made  it hard to compare students  in Alaska to                                                                    
those in  other states.  He stressed  that the  "cut scores"                                                                    
for the  SBA were  very low  in comparison  to the  NAEP. He                                                                    
stated that  "as long  as goals are  set low,  students will                                                                    
walk over them." He opined that  goals should be set high to                                                                    
encourage  students  to  push  themselves  and  to  surprise                                                                    
themselves  with  their  abilities. He  asserted  that  some                                                                    
schools had lost their focus  on education. He believed that                                                                    
districts  were distracted  with  providing social  services                                                                    
(many of  which came  with federal  grants). He  stated that                                                                    
districts succumb  to mission creep  because they  wanted to                                                                    
provide  more   to  make  up  for   dysfunctional  families;                                                                    
districts  devoted  many  resources and  time  to  providing                                                                    
social  services  when  they   should  be  concentrating  on                                                                    
education.  He   believed  no   studies  showed   that  pre-                                                                    
kindergarten  had  any  lasting  effects  beyond  the  third                                                                    
grade.  He  indicated that  the  cost  of implementing  some                                                                    
proposals  in the  legislature cost  more than  estimates to                                                                    
implement school choice.                                                                                                        
                                                                                                                                
Mr.  Boyle opined  that another  contributor to  low student                                                                    
performance was  rigid collective  bargaining units  used by                                                                    
districts;  during  times  of teacher  reductions  the  last                                                                    
hired  were  the first  to  be  let  go. He  furthered  that                                                                    
teachers  were not  let go  based on  performance and  their                                                                    
success  as  educators.  He  emphasized  that  some  of  the                                                                    
younger teachers  may be the  most motivated, have  the best                                                                    
ideas, and  be outstanding performers; whereas,  some of the                                                                    
more  senior teachers  may be  burned out,  lack motivation,                                                                    
and  see  little  reason  to   perform  because  no  penalty                                                                    
existed.  He  stressed  that the  good  teachers  should  be                                                                    
rewarded  for their  efforts  and the  impact  they have  on                                                                    
students. He  communicated that  successful examples  of the                                                                    
model existed and  stated that "this is about  the kids, not                                                                    
the adults."                                                                                                                    
                                                                                                                                
Mr. Boyle  identified cost control  as another cause  of low                                                                    
education performance  (page 7). He believed  that there was                                                                    
little  incentive   to  contain   costs  because   the  more                                                                    
districts spent  the more they  received. He added  that the                                                                    
system  worked   the  same   for  the   federal  government;                                                                    
authorized funding needed to be spent by the fiscal year-                                                                       
end or funds  would be cut the following  year. He furthered                                                                    
that poor  preforming schools were rewarded  with additional                                                                    
funding.  He  opined  that the  system  should  reward  high                                                                    
performance schools  and that  incentive should  be provided                                                                    
for  all schools,  districts,  and  teachers. He  emphasized                                                                    
that school choice rewarded the  best performing schools. He                                                                    
felt that the overarching cause  of the current problems was                                                                    
a result  of a  lack of  competition; without  competition a                                                                    
monopoly had  no need  to improve. He  compared the  lack of                                                                    
competition in schools to shoe  stores selling only one type                                                                    
of shoe;  a shoe store  carrying a selection of  shoes would                                                                    
incentivize the  other stores to improve.  He expounded that                                                                    
competition improved  products and  services and  provided a                                                                    
better value  for all  consumers. He  believed the  same was                                                                    
true for the education system.                                                                                                  
                                                                                                                                
Mr.  Boyle addressed  possible  solutions  to low  education                                                                    
performance.  He  stated  that possible  solutions  included                                                                    
education  tax  credits  and distance  learning  (e.g.  Khan                                                                    
Academy, MIT, and Stanford University).                                                                                         
                                                                                                                                
2:48:30 PM                                                                                                                    
                                                                                                                                
Mr. Boyle discussed vouchers as  a solution to low education                                                                    
performance (page  7). He stated  that all of  the mentioned                                                                    
solutions  were   used  throughout   the  U.S.  and   had  a                                                                    
demonstrated  record of  success. He  relayed that  vouchers                                                                    
had been  used in Milwaukee  since 1990 and had  resulted in                                                                    
increased student achievement and  lower public school cost.                                                                    
He stated that  variable operating costs of  a school should                                                                    
decrease  as   students  left.  He   pointed  to   the  D.C.                                                                    
Opportunity Scholarship  program as  a success  that allowed                                                                    
students to  use $7,500 (of  the $15,000 annual  per student                                                                    
cost) to attend  the school of their choice.  He pointed out                                                                    
that a  randomized study showed that  students with vouchers                                                                    
in  D.C. had  a 12  percent gain  in high  school graduation                                                                    
rates. He  shared that  Florida students  had the  option to                                                                    
use vouchers as well.                                                                                                           
                                                                                                                                
Mr. Boyle turned to a graph  on page 8 titled "Combined NAEP                                                                    
Gains  Math   and  Reading,  2003-2011  Alaska   vs  Voucher                                                                    
Jurisdictions."   The  graph   illustrated  the   impact  of                                                                    
vouchers  on five  states compared  to  Alaska. He  stressed                                                                    
that Florida ranked  high with 54 raw points  and Alaska was                                                                    
at negative 3  raw points. He communicated  that some school                                                                    
boards  had  chosen  school  vouchers   in  order  to  avoid                                                                    
bankruptcy (e.g. Douglas County Colorado School District).                                                                      
                                                                                                                                
Mr. Boyle moved  to page 9 titled "The  Future." He provided                                                                    
a closing statement:                                                                                                            
                                                                                                                                
     We cannot keep doing things  the same way and expecting                                                                    
     different  results. Other  states  have  shown us  what                                                                    
     works. We  cannot afford to  have Alaska  children fall                                                                    
     through  the  cracks,  blaming those  external  to  the                                                                    
     educational  system. These  kids are  too important  to                                                                    
     keep throwing dollars at  the same reoccurring problems                                                                    
     with no accountable results. We  need to concentrate on                                                                    
     the output of the system. Will  we be in the same place                                                                    
     next  year or  in  three  years? Are  we  going to  try                                                                    
     something  different? It  has  been  repeated over  and                                                                    
     over  before this  committee  that  all children  learn                                                                    
     differently  and  yet   Alaska  has  poured  tremendous                                                                    
     resources into creating  a one-size-fits-all system. We                                                                    
     can  do  better for  Alaska  and  its children  and  we                                                                    
     should.  In  closing,  we   have  some  very  dedicated                                                                    
     educators and  teachers in  Alaska, working  hard every                                                                    
     day  to  help  their  students  achieve  their  maximum                                                                    
     potential. We have students who  do great. We also have                                                                    
     many  students   who  are   not  challenged,   are  not                                                                    
     motivated, are bored,  just give up, and  can't see the                                                                    
     worth of going  to school. Some kids just  don't fit in                                                                    
     socially.  School  vouchers,  we prefer  to  call  them                                                                    
     education fund dividends, just  like the Permanent Fund                                                                    
     Dividend, would  empower parents, engage them  in their                                                                    
     children's education,  and ensure a  better educational                                                                    
     fit for their child.                                                                                                       
                                                                                                                                
Mr.  Boyle  thanked the  committee  for  the opportunity  to                                                                    
testify.                                                                                                                        
                                                                                                                                
2:52:42 PM                                                                                                                    
                                                                                                                                
Representative   Doogan  wondered   what  evidence   existed                                                                    
showing  that  the factors  listed  on  page  7 led  to  low                                                                    
education performance.                                                                                                          
                                                                                                                                
Mr.  Boyle  replied that  the  system  [in Alaska]  had  low                                                                    
goals; 80  percent of  students passed  the SBA,  but Alaska                                                                    
students scored a 25 on  NAEP tests, which was significantly                                                                    
below average. He stated that  if the state had continued to                                                                    
use  the  Iowa  Tests  of Basic  Skills  or  the  California                                                                    
Achievement Test it  would have been able  to compare itself                                                                    
to  other states.  He remarked  that  some Anchorage  School                                                                    
Board  members had  admitted the  state had  low goals  at a                                                                    
recent  board meeting.  He restated  that the  state's goals                                                                    
and  standards  were  too  low.   He  believed  the  state's                                                                    
educational  system   had  mission  creep  because   it  was                                                                    
concerned with providing meals  to children. He acknowledged                                                                    
that  the  issue  was  important,   but  believed  that  the                                                                    
educational system  should focus  on educating  children. He                                                                    
felt  that  there   were  inflexible  collective  bargaining                                                                    
units;  for example,  in Anchorage  charter  schools it  was                                                                    
necessary  to  hire  school  positions  through  the  school                                                                    
district's personnel  pool. He  pointed to the  "last hired,                                                                    
first  fired"  practice and  noted  that  no business  would                                                                    
operate in  that way; other businesses  screen personnel and                                                                    
provide annual  evaluations (good  performers would  be kept                                                                    
and poor  performers would  be let  go). He  emphasized that                                                                    
businesses  could not  keep  "dead wood  on  the rolls."  He                                                                    
opined  that  the  practice  of  retaining  poor  performing                                                                    
teachers was not  fair to other teachers. He  turned to cost                                                                    
control  and  stated  that  more money  was  thrown  at  the                                                                    
educational system  on an annual  basis. For  example, local                                                                    
spending in  the Anchorage School District  had increased by                                                                    
240 percent  between 1993 and  2011; Anchorage  district per                                                                    
student  revenue had  increased 54  percent. He  stated that                                                                    
during  the  same  period  inflation   was  52  percent.  He                                                                    
concluded that  the school  district's operating  budget had                                                                    
doubled in the past 10 years (with a static ADM).                                                                               
                                                                                                                                
Representative  Doogan repeated  his question  related to  a                                                                    
cause   and  effect   relationship  between   low  education                                                                    
performance and  listed solutions.  He wondered  whether the                                                                    
position was  philosophical or backed by  studies. Mr. Boyle                                                                    
believed  that  the data  related  to  the Anchorage  School                                                                    
District provided  evidence. He  reiterated that  the school                                                                    
district's cost  had doubled in  the past 10  years, student                                                                    
achievement had  "done nothing" (based  on SBA  scores), and                                                                    
the  ADM remained  static around  48,000 members.  He stated                                                                    
that  the cost  per  student had  skyrocketed  up to  nearly                                                                    
$17,000.  He  expounded that  there  were  many failing  and                                                                    
near-failing schools in the Anchorage  district based on the                                                                    
SBA, most  of which were  located in the lower  income areas                                                                    
of the city.                                                                                                                    
                                                                                                                                
2:58:33 PM                                                                                                                    
                                                                                                                                
Representative  Doogan   did  not  believe  Mr.   Boyle  was                                                                    
answering his questions. He  communicated that the committee                                                                    
had witnessed the Anchorage  School District budget increase                                                                    
by 100 percent in the past  10 years; he did not believe the                                                                    
argument was persuasive.                                                                                                        
                                                                                                                                
Co-Chair Stoltze  remarked that the Alaska  Policy Forum was                                                                    
consistent  on  its  message  related  to  decreasing  state                                                                    
spending.                                                                                                                       
                                                                                                                                
Representative Gara  referred to Mr. Boyle's  testimony that                                                                    
no  voluntary  pre-kindergarten  was  successful.  He  asked                                                                    
whether Mr.  Boyle had read  the Perry Preschool  study that                                                                    
followed students for approximately  40 years. The study had                                                                    
shown that  students who had attended  preschool earned more                                                                    
money,   experienced   higher   high  school   and   college                                                                    
graduation  rates,  and  committed  less  criminal  activity                                                                    
compared to peers who had not attended preschool.                                                                               
                                                                                                                                
Mr. Boyle asked whether the study had been done in the mid-                                                                     
1960s.                                                                                                                          
                                                                                                                                
Representative Gara responded that  the study had started in                                                                    
the mid-1960s  and had followed  the subjects for  more than                                                                    
30  years. Mr.  Boyle replied  that  the only  study he  was                                                                    
familiar with  had used approximately  110 students  in 1965                                                                    
and 1966.  He was  not familiar with  any other  studies. He                                                                    
added  that  a Head  Start  study  released by  the  federal                                                                    
government  had  indicated  that  there  were  no  long-term                                                                    
lasting  effects  of education  past  the  third grade  (the                                                                    
current Head Start study had not been released at present).                                                                     
                                                                                                                                
Representative Gara  disagreed, but  did not want  to debate                                                                    
the  issue.  He  referred  to  Mr.  Boyle's  testimony  that                                                                    
providing  children   with  meals  was  mission   creep.  He                                                                    
communicated that  there was  evidence that  hungry children                                                                    
did not  perform as well  as well-fed children.  He wondered                                                                    
why the providing of meals was mission creep.                                                                                   
                                                                                                                                
Mr.  Boyle  believed  that   parents  were  responsible  for                                                                    
feeding their children. He discussed  what he had eaten as a                                                                    
child and  believed he  had done well  in school.  He opined                                                                    
that  the government  was replacing  the  parent and  family                                                                    
when it stepped in and  took parents' responsibility to feed                                                                    
their children away. He stated  that the goal was to involve                                                                    
parents in their children's education.  He supposed that the                                                                    
group of  students who  needed the  service was  very small;                                                                    
however, the  program was  expanding and  44 percent  of the                                                                    
students  in  Anchorage  were  on  free  and  reduced  price                                                                    
lunches. He  furthered that Alaska's  poverty level  was not                                                                    
very high and  that all it took to register  a child for the                                                                    
service  was  the  completion  of a  form.  He  opined  that                                                                    
everybody  would be  on  the free  and  reduced price  lunch                                                                    
program soon.                                                                                                                   
                                                                                                                                
3:02:48 PM                                                                                                                    
                                                                                                                                
Representative Gara  relayed that  he had  been on  the free                                                                    
lunch  program  and it  had  helped  him. He  observed  that                                                                    
people did  not all grow up  in the same type  of family. He                                                                    
asked whether Mr.  Boyle agreed that not  providing food for                                                                    
children  who   did  not   receive  it   at  home   (due  to                                                                    
irresponsible  parents  or  parents without  resources)  was                                                                    
irresponsible.                                                                                                                  
                                                                                                                                
Mr. Boyle believed  there were few parents who  did not have                                                                    
the  resources to  feed their  children.  He discussed  that                                                                    
there were other existing programs  such as food stamps that                                                                    
would  allow parents  to  provide food  for  their kids.  He                                                                    
furthered that  it did not  take much  to provide a  bowl of                                                                    
cereal or a peanut butter  sandwich before school or a brown                                                                    
bag lunch  (he discussed his personal  experience with brown                                                                    
bag lunches growing  up - his father had made  lunch for six                                                                    
kids every morning).                                                                                                            
                                                                                                                                
Representative Gara  discussed that  when Mr. Boyle  had run                                                                    
for  school  board  in  2009  he had  listed  his  top  four                                                                    
priorities (out  of a list  of 8  that had been  provided by                                                                    
the  surveyor)  as  expanding vocational  education,  adding                                                                    
teachers  to reduce  class sizes,  offering  new teachers  a                                                                    
defined benefit  retirement plan,  and making it  easier for                                                                    
teachers  to obtain  tenure. He  observed that  the measures                                                                    
were all  relatively costly. He wondered  how the priorities                                                                    
were  compatible  with  Mr.   Boyle's  current  belief  that                                                                    
schools  were  spending too  much  money  and that  teachers                                                                    
should be easier to let go.                                                                                                     
                                                                                                                                
Mr. Boyle  asked whether  the survey  had been  conducted by                                                                    
the Anchorage teachers' union.                                                                                                  
                                                                                                                                
Representative  Gara  responded  that the  survey  had  been                                                                    
published  on March  27, 2009  in the  Anchorage Daily  News                                                                    
(ADN). He did not know the source of the survey.                                                                                
                                                                                                                                
Mr.  Boyle responded  that he  had run  for school  board in                                                                    
2008 and  2009. He remarked  that he had become  smarter and                                                                    
had further educated himself.                                                                                                   
                                                                                                                                
Representative Doogan  relayed that  the ADN  only published                                                                    
surveys that it conducted.                                                                                                      
                                                                                                                                
3:06:47 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:13:33 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 258                                                                                                            
                                                                                                                                
     "An Act directing the  Department of Transportation and                                                                    
     Public  Facilities to  develop and  implement standards                                                                    
     and operating  procedures allowing  for the use  in the                                                                    
     construction   and    maintenance   of   transportation                                                                    
     projects and public facilities  and in the construction                                                                    
     of projects  by public  and private entities  of gravel                                                                    
     or aggregate  materials that  contain a  limited amount                                                                    
     of  naturally occurring  asbestos, and  authorizing use                                                                    
     on  an interim  basis  of those  materials for  certain                                                                    
     transportation   projects    and   public   facilities;                                                                    
     relating  to  certain  claims  arising  out  of  or  in                                                                    
     connection  with   the  use  of  gravel   or  aggregate                                                                    
     materials  containing  a  limited amount  of  naturally                                                                    
     occurring  asbestos;  and  providing for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
3:13:48 PM                                                                                                                    
                                                                                                                                
BRODIE  ANDERSON, STAFF,  REPRESENTATIVE  REGGIE JOULE,  had                                                                    
previously  discussed  changes  appearing in  the  committee                                                                    
substitute (CS) for  HB 258. He noted that  new fiscal notes                                                                    
had  been disseminated  to member  packets. The  sponsor had                                                                    
worked  closely  with  all  involved  departments  including                                                                    
Department  of Transportation  and Public  Facilities (DOT),                                                                    
Department of  Environmental Conservation  (DEC), Department                                                                    
of Law (DOL), Department  of Labor and Workforce Development                                                                    
(DLWD), and other.                                                                                                              
                                                                                                                                
Co-Chair  Stoltze   asked  whether   members  had   all  the                                                                    
amendments pertaining to the legislation.  He asked staff to                                                                    
compile a  packet of amendments  to distribute  to committee                                                                    
members. He believed there were three amendments.                                                                               
                                                                                                                                
Mr. Anderson  discussed that the  collaborative work  on the                                                                    
bill had  been a success.  The fiscal notes had  evolved and                                                                    
reflected changes in the legislation.                                                                                           
                                                                                                                                
Co-Chair  Stoltze noted  that representatives  from multiple                                                                    
departments and Nana Regional  Corporation were available to                                                                    
testify.                                                                                                                        
                                                                                                                                
3:16:50 PM                                                                                                                    
                                                                                                                                
Representative  Gara relayed  that his  preference would  be                                                                    
that non-asbestos  containing alternatives would be  used if                                                                    
available.  He pointed  to language  on pages  6 and  7 that                                                                    
specified  the item  would  be considered,  but  it was  not                                                                    
mandatory that  non-asbestos material was used.  He believed                                                                    
another part of  the bill made the item  mandatory and asked                                                                    
for an explanation.                                                                                                             
                                                                                                                                
Mr. Anderson replied  that the designation of  use of gravel                                                                    
versus naturally  occurring asbestos (NOA) gravel  was found                                                                    
in  the  site-specific use  plan  (pages  7 through  9).  He                                                                    
explained  that the  section established  stages  of how  to                                                                    
approach the issue.  He referred to the  flow chart included                                                                    
in members' packets  (copy on file). He  elaborated that the                                                                    
use   of  non-NOA   material  was   required  when   it  was                                                                    
economically reasonable.                                                                                                        
                                                                                                                                
Representative Gara  noted that  the new language  took care                                                                    
of one of  his concerns. He believed the  sponsor had worked                                                                    
to  address  the concept  of  another  of his  concerns.  He                                                                    
elaborated that  there were three  villages where  there was                                                                    
known NOA  that may need  to be used  due to the  absence of                                                                    
any other viable options. He  believed there should be signs                                                                    
posted to  inform residents  of potential  airborne asbestos                                                                    
containing materials in the area;  Amendment 2 addressed the                                                                    
issue. He  wondered whether  the posting  of signs  had been                                                                    
addressed in the bill.                                                                                                          
                                                                                                                                
Mr.  Anderson   replied  that  Roger  Healy   from  DOT  was                                                                    
available to discuss signage  and notification. He furthered                                                                    
that  the bill  included the  requirements to  provide ample                                                                    
notification of the NOA zones.                                                                                                  
                                                                                                                                
3:20:57 PM                                                                                                                    
                                                                                                                                
Representative Gara  clarified that  he wanted to  make sure                                                                    
that people  were made aware  of the  NOA use so  they could                                                                    
notify the government if  there were alternatives available.                                                                    
He  also wanted  people to  be informed  of the  work taking                                                                    
place so  they could  choose to  wear a  mask or  take other                                                                    
precautions.                                                                                                                    
                                                                                                                                
Mr. Anderson  pointed to page  11, lines 17 through  23. The                                                                    
bill had been expanded  from the language "workplace safety"                                                                    
to read "and  air quality standards relating  to the project                                                                    
and to ensure the health  and safety of communities affected                                                                    
by construction projects that use  gravel or other aggregate                                                                    
material  containing  naturally   occurring  asbestos."  The                                                                    
language did  not directly address the  notification, but it                                                                    
did  expand  the  requirements to  workplace  and  community                                                                    
safety.                                                                                                                         
                                                                                                                                
ROGER  HEALY, CHIEF  ENGINEER, DEPARTMENT  OF TRANSPORTATION                                                                    
AND  PUBLIC  FACILITIES,  replied that  public  notification                                                                    
took  on  several  different  forms  from  the  department's                                                                    
perspective. One  issue was related to  workplace safety and                                                                    
workers during  construction; another aspect related  to the                                                                    
public during and after construction  and how materials were                                                                    
contained.  He believed  the intent  of Amendment  2 was  to                                                                    
ensure  that  some form  of  public  and potentially  future                                                                    
worker  notification existed.  He  recommended that  details                                                                    
should  get  ironed  out  in  the  regulation  process.  The                                                                    
department was  under obligation  in workplace safety  to do                                                                    
Material    Safety   Data    Sheets   and    other   similar                                                                    
notifications. He reiterated his  recommendation to work out                                                                    
the appropriate signage notification through regulation.                                                                        
                                                                                                                                
Representative Gara agreed and did  not want to specify what                                                                    
the  sign should  look  like. He  was  also concerned  about                                                                    
residents in  areas where the  asbestos may be  airborne due                                                                    
to construction.  He wondered whether there  was anything in                                                                    
the  bill  that  required  the  department  to  provide  the                                                                    
notification  that would  be implemented  by regulation.  He                                                                    
stressed  that   he  wanted  the  issue   addressed  in  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Mr.  Healy  responded  that  there  was  a  requirement  for                                                                    
workplace  notification.   Additionally,  there   were  many                                                                    
requirements  for notifications  of hazards  to public  in a                                                                    
construction zone.  He detailed  that hazards  could include                                                                    
naturally  occurring  asbestos,  dust,  machinery,  etc.  He                                                                    
added that  the overall notification of  a construction zone                                                                    
and its potential hazards was broad.                                                                                            
                                                                                                                                
Mr. Anderson pointed  to language included on  page 7 (lines                                                                    
2 through  4) related  to NOA  zone setup  requirements that                                                                    
read  "the  department  shall  notify  potentially  affected                                                                    
persons that the  area has been designated in  an area where                                                                    
immunity  may   be  granted  under  AS   09.65.245(a)."  The                                                                    
requirement  was  applicable  to the  zone  and  surrounding                                                                    
areas that may be impacted by airborne materials.                                                                               
                                                                                                                                
3:27:17 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough pointed  to page 6, line  17 that read                                                                    
"for causing  asbestos related  injuries." She  wondered why                                                                    
the specific language  had been used. She  believed it could                                                                    
imply to  a litigant  or a worker  who contracted  a disease                                                                    
(that  may  be  related   to  exposure)  that  the  specific                                                                    
exposure was the cause of  the related illness. She wondered                                                                    
whether the meaning of the  language "was contributing to or                                                                    
causing"  or  if  it  was   acceptable  to  have  a  blanket                                                                    
statement recognizing  the connection  that a  contractor or                                                                    
community had  a liability if  they chose to mine  a certain                                                                    
area.  She  queried  why  the  specific  language  had  been                                                                    
chosen.                                                                                                                         
                                                                                                                                
Mr. Anderson replied  that the language had  been changed in                                                                    
a  prior  committee from  a  broader  statement of  asbestos                                                                    
injury. There  had been concern with  previous language that                                                                    
there was a chance that if  there was an accident related to                                                                    
faulty machinery  that the  company may be  able to  use the                                                                    
asbestos related injury claim  and therefore obtain immunity                                                                    
from responsibility of the accident.                                                                                            
                                                                                                                                
EMILY  NAUMAN,  ATTORNEY,  LEGISLATIVE LEGAL  SERVICES  (via                                                                    
teleconference), added  that the language was  meant to link                                                                    
back to injuries  listed on page 4, line  4 including death,                                                                    
injury, illness,  disability, property damage, or  any other                                                                    
damages resulting from  the use of gravel  or other material                                                                    
that contained NOA.                                                                                                             
                                                                                                                                
Vice-chair  Fairclough surmised  that the  "contributing to"                                                                    
was not an issue because the  language on page 6 referred to                                                                    
a list of specific items on  page 4. Ms. Nauman responded in                                                                    
the affirmative.                                                                                                                
                                                                                                                                
Vice-chair   Fairclough   noted   that  the   reference   to                                                                    
California's  Air Resource  Board  Method  435 provided  her                                                                    
with some  comfort that  at least one  state was  working to                                                                    
access   aggregate   material   that   contained   naturally                                                                    
occurring  asbestos (page  6,  line 6).  She  looked at  the                                                                    
interim standards  for application of asbestos  bulk testing                                                                    
on  page  14,  which   used  the  California  standard.  She                                                                    
wondered  whether  the  state  would  continue  to  rely  on                                                                    
California language  or if the  term "interim"  implied that                                                                    
the standard would  change. She asked if  it was appropriate                                                                    
to include  the California  standard in  state statute  if a                                                                    
change was possible.                                                                                                            
                                                                                                                                
3:32:30 PM                                                                                                                    
                                                                                                                                
Mr. Anderson  answered that while Alaska  was developing its                                                                    
regulations the California standard  would be used. Once DOT                                                                    
had written the  regulations there would be  a discussion to                                                                    
determine  which  method  of testing  would  be  used  going                                                                    
forward. The  idea was  to avoid limiting  the state  to the                                                                    
California standards  and to  allow for  room to  expand. He                                                                    
explained  that California  had not  placed its  standard in                                                                    
statute; therefore, it had flexibility  and had been able to                                                                    
change the standard from 5 percent down to 0.25 percent.                                                                        
                                                                                                                                
Vice-chair   Fairclough   explained  that   the   California                                                                    
reference  would be  embedded  in state  statute  if it  was                                                                    
included on page  6 of the legislation.  She elaborated that                                                                    
the bill did  discuss that DOT would  develop standards, but                                                                    
the legislation did not include  a section that would repeal                                                                    
the  California standard  once  Alaska's  own standards  had                                                                    
been established.                                                                                                               
                                                                                                                                
Mr. Healy replied that one  of the points of identifying the                                                                    
California method  was because  of the detection  limit that                                                                    
offered the  analytical declination 0.25 percent  and below.                                                                    
The reference  on page  6 provided  the state  with guidance                                                                    
related to the detection limit and the level of asbestos.                                                                       
                                                                                                                                
Vice-chair Fairclough  responded that she was  fine with the                                                                    
language and reiterated  that it would be  used throughout a                                                                    
statute.  She wondered  why a  maximum  amount of  naturally                                                                    
occurring   asbestos   had   not  been   included   in   the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Mr.  Anderson responded  that the  largest concern  from DOL                                                                    
and DOT was the idea  that a number was arbitrarily selected                                                                    
that could  not be justified  through data or  other sources                                                                    
of information. He  furthered that it had  been difficult to                                                                    
establish an  analytical threshold  for the floor  based off                                                                    
of data  that could  be justified  if it  was ever  taken to                                                                    
court;  the same  was true  for a  maximum threshold,  given                                                                    
that a significant amount of data did not exist.                                                                                
                                                                                                                                
Representative Gara communicated that  he wanted people near                                                                    
construction  zones  to  be   aware  of  potential  airborne                                                                    
asbestos.  He pointed  to  page  7, line  2  that read  "the                                                                    
department shall  notify potentially affected  persons" that                                                                    
there may  be airborne asbestos.  He wanted to  make certain                                                                    
that  notifications  were   decipherable.  He  believed  his                                                                    
Amendment  2 was  too complicated  and  wondered whether  it                                                                    
would  be feasible  to insert  the words  "including through                                                                    
signage" following "the department  shall notify" on page 7,                                                                    
line  2.  He  explained  that  the  language  would  provide                                                                    
departments with flexibility when  designing and posting the                                                                    
notice.                                                                                                                         
                                                                                                                                
Representative Joule  asked DOT whether it  would post signs                                                                    
with  or  without  the insertion  of  the  words  "including                                                                    
through signage."                                                                                                               
                                                                                                                                
Mr. Healy replied that he  did not believe signs were posted                                                                    
for  items  such  as  the exposure  of  diesel  fuel  during                                                                    
construction.  Under  current  statute DOT  would  not  post                                                                    
signs making  the public  aware if  the department  or other                                                                    
was using naturally  occurring asbestos in a  component of a                                                                    
construction  project. He  deferred  to  DEC for  additional                                                                    
detail. He  believed the best  way to notify the  public was                                                                    
project and site dependent in  many ways. He added that much                                                                    
of  the bill  and potential  regulations had  been patterned                                                                    
off of the California method; it  did not use signage of the                                                                    
sort mentioned.                                                                                                                 
                                                                                                                                
Representative Joule surmised that  locals in the Ambler and                                                                    
Upper Kobuk areas were aware  of the issue and signage would                                                                    
probably  not be  necessary for  them; however,  he wondered                                                                    
how non-residents would know about  the issue. He thought it                                                                    
may not  be an issue for  locals because they would  just be                                                                    
happy to  have jobs. He  wondered whether the sign  would be                                                                    
beneficial for people  coming in from outside  the areas. He                                                                    
asked  how  the change  would  impact  the fiscal  note  and                                                                    
wondered whether  it would  need to  be brought  back before                                                                    
the committee.                                                                                                                  
                                                                                                                                
Mr. Healy  replied that there  were two issues,  (1) whether                                                                    
signage should be posted presently  because of the naturally                                                                    
occurring asbestos that currently  existed in the Ambler and                                                                    
Upper  Kobuk areas  and (2)  should signage  be used  during                                                                    
construction and  operation of  projects. One  issue related                                                                    
to  new   projects  and  the   other  related   to  existing                                                                    
conditions.  The department  would need  to know  whether it                                                                    
was expected to  post signs under one  or both circumstances                                                                    
in order to determine the fiscal note impact.                                                                                   
                                                                                                                                
3:44:43 PM                                                                                                                    
                                                                                                                                
Representative Doogan  queried whether the  signage impacted                                                                    
the state's legal liability one way or the other.                                                                               
                                                                                                                                
SARITHA     ANJILVEL,     ASSISTANT    ATTORNEY     GENERAL,                                                                    
TRANSPORTATION  SECTION, CIVIL  DIVISION, DEPARTMENT  OF LAW                                                                    
(via  teleconference),   addressed  whether   signage  would                                                                    
present  any legal  liability to  the  state. She  responded                                                                    
that under the bill's current  form it presented immunity to                                                                    
the   state  provided   that   regulations  were   followed;                                                                    
regulations would include site-specific  plans and notice of                                                                    
potentially  affected persons.  The  language  was vague  to                                                                    
allow   DOT  to   make  notice   requirements  in   its  own                                                                    
regulations.   She  reiterated   that   immunity  would   be                                                                    
preserved if DOT followed its own regulations.                                                                                  
                                                                                                                                
Co-Chair Stoltze  concluded that  it would  pay off  to post                                                                    
signs. Ms.  Anjilvel responded that if  DOT regulations were                                                                    
structured to require the posting  of signs, the regulations                                                                    
would need to  be followed. The state had to  follow its own                                                                    
rules.                                                                                                                          
                                                                                                                                
Co-Chair Stoltze  surmised that  DOT would be  posting signs                                                                    
with  or without  the additional  directive language  in the                                                                    
legislation. Ms. Anjilvel agreed.                                                                                               
                                                                                                                                
3:47:45 PM                                                                                                                    
                                                                                                                                
Representative Gara  relayed that  he may offer  Amendment 1                                                                    
on  the House  floor, but  would not  offer it  in committee                                                                    
(copy  on   file).  He  discussed  the   serious  nature  of                                                                    
asbestosis and mesothelioma. Asbestos  became a problem when                                                                    
it was airborne, not when  it was undisturbed. He understood                                                                    
the desire to limit the  liability of those involved because                                                                    
they were in  a difficult situation. Amendment  1 would have                                                                    
prohibited class  actions and punitive damages;  however, it                                                                    
would provide  people with compensatory  damages to  pay for                                                                    
health care  costs, lost wages,  or other basic  damages. He                                                                    
hoped  people   would  think  about  the   concept  and  any                                                                    
potential alternatives.                                                                                                         
                                                                                                                                
3:50:09 PM                                                                                                                    
                                                                                                                                
Representative Gara WITHDREW Amendment  2 (copy on file). He                                                                    
MOVED to Amend Amendment 3 to read:                                                                                             
                                                                                                                                
     Page 6, line 19:                                                                                                           
                                                                                                                                
     Insert "after at least 2 public hearings," after                                                                           
     "request."                                                                                                                 
                                                                                                                                
There being NO OBJECTION, Amendment 3 was AMENDED.                                                                              
                                                                                                                                
Co-Chair Stoltze OBJECTED to Amendment 3.                                                                                       
                                                                                                                                
Representative  Gara   explained  that  he   had  originally                                                                    
thought a public vote on the  use of the asbestos was a good                                                                    
idea; however, many  people believed that was  not the right                                                                    
way  to go.  Under  the current  legislation a  municipality                                                                    
could  opt  in,  but  that  did  not  necessarily  mean  the                                                                    
municipality would  work with the  public (notices  could be                                                                    
unclear  and difficult  to  understand).  Amendment 3  would                                                                    
require  at  least two  public  hearings  on the  issue.  He                                                                    
believed the communities  in Representative Joule's district                                                                    
had already gone through a public hearing process.                                                                              
                                                                                                                                
Representative   Joule  responded   that  all   municipality                                                                    
meetings and agendas were  public. He thought municipalities                                                                    
went through several public hearings  on issues. He believed                                                                    
the  issue  was  already  accomplished,  but  asked  for  an                                                                    
opinion from DOT.                                                                                                               
                                                                                                                                
Mr.  Healy   responded  that  the  current   public  meeting                                                                    
requirement would apply to DOT  and third-party projects. He                                                                    
furthered  that DOT  would require  two public  meetings for                                                                    
any project seeking  plan approval for the  use of naturally                                                                    
occurring  asbestos. The  requirement placed  the burden  on                                                                    
the department  to complete the  use in accordance  with the                                                                    
plan and to have two public meetings.                                                                                           
                                                                                                                                
Co-Chair Stoltze asked  about the intent of  Amendment 3 and                                                                    
whether the  public meetings would  be held by  the locality                                                                    
or a state agency.                                                                                                              
                                                                                                                                
Representative Gara  assumed that the public  hearings would                                                                    
be held by the municipality or community.                                                                                       
                                                                                                                                
Co-Chair   Stoltze  noted   that  the   language  could   be                                                                    
interpreted  that  DOT  would be  required  to  hold  public                                                                    
meetings.                                                                                                                       
                                                                                                                                
Representative  Joule agreed.  He believed  the goal  of the                                                                    
amendment was already in place.                                                                                                 
                                                                                                                                
Representative Gara,  in response to a  question by Co-Chair                                                                    
Stoltze,  WITHDREW Amendment  3. He  believed the  amendment                                                                    
should  be rewritten  and  offered on  the  House floor.  He                                                                    
noted that the  public tended not to  follow normal assembly                                                                    
meetings unless an issue was highlighted beforehand.                                                                            
                                                                                                                                
Representative Joule  did not  know whether  the requirement                                                                    
would  change  anything  in  terms   of  public  action.  He                                                                    
believed either the  public would be interested  in an issue                                                                    
or not. He noted that the  whole town of Ambler had shown up                                                                    
to multiple meetings  in support of the work.  He would work                                                                    
on the issue with Representative Gara.                                                                                          
                                                                                                                                
3:55:56 PM                                                                                                                    
                                                                                                                                
Representative Gara MOVED Amendment 4:                                                                                          
                                                                                                                                
     Page 7, line 2, after "notify" and Page 13, line 22                                                                        
     after "notify" insert ", including through signage,"                                                                       
                                                                                                                                
Co-Chair Stoltze OBJECTED.                                                                                                      
                                                                                                                                
Representative Joule had no objection.                                                                                          
                                                                                                                                
Co-Chair Stoltze WITHDREW his objection.                                                                                        
                                                                                                                                
Representative Costello observed  that the amendment related                                                                    
to bill  version L. Representative  Gara clarified  that the                                                                    
Amendment related to bill version Y.                                                                                            
                                                                                                                                
There being NO further OBJECTION, Amendment 4 was ADOPTED.                                                                      
                                                                                                                                
3:57:58 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:59:43 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-chair Fairclough  discussed the  fiscal notes  (copy on                                                                    
file).   She  highlighted   zero  fiscal   notes  from   the                                                                    
Departments  of Law  and Natural  Resources. The  third note                                                                    
was from  the Department  of Environmental  Conservation for                                                                    
$27,800 in  FY 13, $28,200  in FY  14, and $10,700  per year                                                                    
for  FY  15  through  FY  18. The  next  note  affected  the                                                                    
Department of  Transportation and  Public Facilities  in the                                                                    
amount of $210,100 in FY 13,  $190,600 in FY 14, $121,800 in                                                                    
FY 15,  $66,800 in FY  16, and $31,500 for  FY 17 and  FY 18                                                                    
for full-time  equivalent positions.  The fifth  fiscal note                                                                    
impacted the  Department of Health  and Social  Services for                                                                    
$21,300  in FY  13, $20,100  in FY  14, and  zero for  FY 15                                                                    
through FY 18. She noted that  the DHSS note backup showed a                                                                    
0.10   health  program   manager  position   that  was   not                                                                    
referenced elsewhere on the note.                                                                                               
                                                                                                                                
Mr. Anderson  communicated that DHSS  would need  the health                                                                    
program  manager position  while regulations  were developed                                                                    
in  the  first two  years.  He  believed the  increment  was                                                                    
included   under  "Personal   Services"  and   not  in   the                                                                    
"Positions" category.                                                                                                           
                                                                                                                                
Vice-chair  Fairclough   communicated  that   the  remaining                                                                    
fiscal note  was a zero allocation  for FY 13 through  FY 18                                                                    
for the Department of Labor and Workforce Development.                                                                          
                                                                                                                                
Representative Joule concurred with the fiscal notes.                                                                           
                                                                                                                                
Representative  Doogan believed  that the  legislation would                                                                    
cost  approximately $260,000  in  the first  year and  would                                                                    
decline in subsequent years.                                                                                                    
                                                                                                                                
Representative Joule responded in the affirmative.                                                                              
                                                                                                                                
Vice-chair Fairclough  MOVED to report CSHB  258(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Representative    Gara   OBJECTED    for   discussion.    He                                                                    
communicated that  he wanted to help  Representative Joule's                                                                    
district, but  he expressed concern  that there was  no safe                                                                    
level  of  airborne  asbestos  established  (California  had                                                                    
reduced the level to 0.25 percent)  and that he did not have                                                                    
a  way  of   knowing  the  right  level.   He  WITHDREW  his                                                                    
OBJECTION.                                                                                                                      
                                                                                                                                
Vice-chair  Fairclough clarified  that  the California  0.25                                                                    
percent represented a floor level and not a ceiling.                                                                            
                                                                                                                                
There  being   NO  further  OBJECTION,  CSHB   258(FIN)  was                                                                    
REPORTED out  of committee with  a "do  pass" recommendation                                                                    
and  with one  new  fiscal impact  note  from Department  of                                                                    
Transportation and Public Facilities,  one new fiscal impact                                                                    
note from Department of  Environmental Conservation, one new                                                                    
zero  note from  Department  of Natural  Resources, one  new                                                                    
zero note from Department of Law, and previously published                                                                      
fiscal notes: FN1 (DLWD), FN3 (DHSS).                                                                                           
                                                                                                                                
Co-Chair Stoltze discussed the schedule for the following                                                                       
day.                                                                                                                            
                                                                                                                                
Representative Gara made an apology to Mr. Boyle. He                                                                            
believed he should not have gone through Mr. Boyle's prior                                                                      
school board record.                                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
4:08:29 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 4:08 p.m.                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
HFIN EDC Presentation 3.28.12PM.pdf HFIN 3/28/2012 1:30:00 PM
HFIN School Choice presentation 3.28.12.pdf HFIN 3/28/2012 1:30:00 PM
HFIN State BOE presentation Cox Bio 3.28.12.pdf HFIN 3/28/2012 1:30:00 PM
HB258 Amendment-4 Gara.pdf HFIN 3/28/2012 1:30:00 PM
HB 258