Legislature(1997 - 1998)

03/11/1997 03:06 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE HEALTH, EDUCATION AND SOCIAL                              
                  SERVICES STANDING COMMITTEE                                  
                         March 11, 1997                                        
                           3:06 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Con Bunde, Chairman                                            
 Representative Joe Green, Vice Chairman                                       
 Representative Brian Porter                                                   
 Representative Fred Dyson                                                     
 Representative J. Allen Kemplen                                               
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Al Vezey                                                       
 Representative Tom Brice                                                      
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 147                                                            
 "An Act relating to charter schools and to the establishment of               
 state boarding schools."                                                      
                                                                               
      - MOVED CSHB 147(HES) OUT OF COMMITTEE                                   
                                                                               
 HOUSE BILL NO. 146                                                            
 "An Act relating to competency testing requirements for secondary             
 students; and providing for an effective date."                               
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 147                                                               
 SHORT TITLE: STATE BOARDING SCHOOLS/CHARTER SCHOOLS                           
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 CURRENT STATUS: (H) HES                  STATUS DATE:  2/18/97                
                                                                               
 TITLE: "An Act relating to charter schools and to the establishment           
 of state                                                                      
 boarding schools."                                                            
                                                                               
 02/18/97       381    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/18/97       382    (H)   HES                                               
 03/06/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/06/97              (H)   MINUTE(HES)                                       
 03/11/97               (H)  HES AT  3:00 PM CAPITOL 106                       
 BILL:  HB 146                                                               
 SHORT TITLE: PUPIL COMPETENCY TESTING                                         
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES                               
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 02/18/97       381    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/18/97       381    (H)   HES                                               
 02/27/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 02/27/97              (H)   MINUTE(HES)                                       
 03/06/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 03/06/97              (H)   MINUTE(HES)                                       
 03/11/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 BRUCE JOHNSON, Director                                                       
 Mt. Edgecumbe High School                                                     
 Sitka, Alaska  99835                                                          
 Telephone:  (907) 966-2201                                                    
 POSITION STATEMENT:  Testified on HB 147                                      
                                                                               
 JOHN CYR, President                                                           
 National Education Association-Alaska, (NEA-Alaska)                           
 114 Second Street                                                             
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-3090                                                    
 POSITION STATEMENT:  Testified on HB 147                                      
                                                                               
 DENNIS BOYER, Behavior Consultant                                             
 Mat-Su School District                                                        
 5500 Revolutionary Way                                                        
 Wasilla, Alaska  99654                                                        
 Telephone:  (907) 376-6944                                                    
 POSITION STATEMENT:  Testified on HB 146                                      
                                                                               
 NANCY BUELL, Ed. D., Director                                                 
 Teaching and Learning Support                                                 
 Department of Education                                                       
 801 West Tenth Street, Suite 200                                              
 Juneau, Alaska  99801-1894                                                    
 Telephone:  (907) 465-8689                                                    
 POSITION STATEMENT:  Testified on HB 146                                      
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-17, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN CON BUNDE called the House Health, Education and Social              
 Services Standing Committee meeting to order at 3:06 p.m.  Members            
 present at the call to order were Representatives Bunde, Porter,              
 Dyson, and Kemplen.  Representative Green arrived at 3:09 p.m.                
 Representative Vezey and Brice were absent.  Chairman Bunde said              
 Representative Brice was absent due to a conflict, with another               
 meeting.  This meeting was teleconferenced to Sitka.                          
 HB 147 - STATE BOARDING SCHOOLS/CHARTER SCHOOLS                             
                                                                               
 Number 0027                                                                   
                                                                               
 CHAIRMAN BUNDE announced the first item on the agenda was HB 147,             
 "An Act relating to charter schools and to the establishment of               
 state boarding schools."                                                      
                                                                               
 Number 0085                                                                   
                                                                               
 BRUCE JOHNSON, Director, Mt. Edgecumbe High School, testified next            
 via teleconference from Sitka.  He said Mt. Edgecumbe High School             
 is the only residential public high school in the state of Alaska.            
 As director of the Mt. Edgecumbe High School he urged the committee           
 to approach the establishment of residential high schools in a                
 considerate manner.  He has only been the director of Mt. Edgecumbe           
 High School for the past seven months, but previously worked in               
 both Juneau and Kodiak Island.  He said Mt. Edgecumbe High School             
 remains a viable residential high school due to the unique                    
 circumstances present in the Sitka community.  These include: the             
 strong 50 year tradition that started with Mt. Edgecumbe's founding           
 as a Bureau of Indian Affairs (BIA) school in 1947; the long                  
 standing support and partnership of the Sitka community, which at             
 times creates a need for considerable understanding and tolerance;            
 the cooperation of the Sitka community due in part to its size,               
 which allows the sharing of services and the economic viability of            
 private enterprise to participate in the delivery of services in a            
 residential program in a cost effective manner; and finally the               
 commitment of former BIA employees, who have been associated with             
 Mt. Edgecumbe High School for a considerable time and continue to             
 serve the students despite modest wages and benefit packages.                 
                                                                               
 Number 0188                                                                   
                                                                               
 MR. JOHNSON said it was his belief that other residential high                
 schools, while potentially valuable to select students throughout             
 Alaska, would result in additional costs to the state or individual           
 school districts beyond the average costs associated in educating,            
 housing and feeding Mt. Edgecumbe High School students.  Also, not            
 in spite of the need for rural high schools, residential schools do           
 not work for all students.  Creating a residential school would               
 also need to be approached in a deliberate manner to ensure the               
 safety concerns, as well as educational programming, be appropriate           
 to the student body being served.                                             
                                                                               
 Number 0244                                                                   
                                                                               
 MR. JOHNSON added that Mt. Edgecumbe High School staff would be               
 willing to participate with any school district or community                  
 considering the establishment of a residential high school.  They             
 have learned a lot with their ongoing efforts and would be more               
 than willing to assist.                                                       
                                                                               
 Number 0278                                                                   
                                                                               
 CHAIRMAN BUNDE thanked him for the willingness to work with other             
 districts that might be interested in residential schools.  He said           
 HB 147 is permissive, allowing others to explore the option without           
 requiring residential schools to be established.                              
                                                                               
 Number 0317                                                                   
                                                                               
 REPRESENTATIVE FRED DYSON asked him if he thought boarding schools            
 should be under the jurisdiction of the state, rather than under              
 the local school districts.                                                   
                                                                               
 Number 0343                                                                   
                                                                               
 MR. JOHNSON felt that residential high schools, by their nature,              
 are complicated.  They are different than day programs and                    
 therefore it makes sense that they are approached cautiously.                 
 Attempting to care for 13 and 14-year-old children, 24 hours a day,           
 months on end, seven days a week is difficult.  He underestimated             
 the requirements and the watchfulness that is appropriate in a                
 boarding situation.  He had thought; you only have 235 kids, you              
 can keep them from outside influences, get them to study in the               
 evening, make sure they're adequately fed and well rested, and this           
 should create an idyllic situation.  In reality, it is clearly more           
 than a full time job and he is as pressed upon in his job at Mt.              
 Edgecumbe High School as he was as a superintendent in either                 
 Juneau or Kodiak Island.                                                      
                                                                               
 Number 0432                                                                   
                                                                               
 REPRESENTATIVE DYSON asked if we should require that boarding                 
 schools be under the jurisdiction of the state as opposed to being            
 under the jurisdiction of local school districts.                             
                                                                               
 Number 0457                                                                   
                                                                               
 MR. JOHNSON said, if you explore that question carefully, you will            
 find that the residential component is costly and probably out of             
 the reach of most school districts without some special                       
 appropriation.  From that standpoint, there is a need for                     
 additional money for any large scale residential program that                 
 cannot be secured strictly through the state foundation program and           
 the contribution at the local level.                                          
                                                                               
 Number 0497                                                                   
                                                                               
 REPRESENTATIVE DYSON said he was asking about the administrative              
 level.  He asked if local school districts would be largely                   
 incapable of administering a residential program.                             
                                                                               
 MR. JOHNSON said no.                                                          
                                                                               
 Number 0533                                                                   
                                                                               
 JOHN CYR, President, National Education Association-Alaska, (NEA-             
 Alaska), said much of what he was going to cover was already                  
 addressed by Mr. Johnson.  His organization believes that to build            
 boarding charter schools on the local level will cost money.  We              
 only have to look at the experience with charter schools in our own           
 districts, which are not boarding schools, as an example.  All of             
 them, that he knows of, are pleading with the state to provide                
 extra funds to help them with start up costs and funds to make                
 their programs more viable.  Charter schools, by their very nature,           
 have higher start up costs than anyone realized when they supported           
 the legislation last year.  A charter school, with a boarding                 
 school component, will be beyond the reach of most districts.  It             
 will be impossible for districts to put that together without some            
 funding mechanism from the state.  If it's not in place and                   
 districts attempt to do it anyway, it will do two things: it will             
 hurt existing programs because the extra money needed for housing             
 students has to come from somewhere and it will have to come from             
 the foundation formula; without funding there is the chance that it           
 would weaken the program at Mt. Edgecumbe High School.  Mt.                   
 Edgecumbe High School has a number of students, if you pull                   
 students away from that school then you have an exemplary program             
 that has the potential to suffer because of a lack of funding.                
                                                                               
 Number 0676                                                                   
                                                                               
 MR. CYR referred to the question of the administration.  He                   
 believed that yes, local school districts can administer boarding             
 schools.  The deeper question is whether a single school district             
 should administer a program that draws students from all over the             
 state or should they administer programs for students within their            
 districts.  The Anchorage school district is the administration,              
 the governance if you will, for the kids in Anchorage.  The MatSu             
 district is for the kids in MatSu.  Now, we are talking about a               
 broader spectrum, potentially children from all over the state                
 going to a single school which makes it a statewide concern.  The             
 only body that deals with that wide concern is the DOE and the                
 state school board.  It seems to him that they would be the                   
 appropriate body to be the administrative force behind any                    
 statewide program.                                                            
                                                                               
 Number 0741                                                                   
                                                                               
 CHAIRMAN BUNDE repeated that HB 147 is permissive language, not               
 even an unfunded mandate.                                                     
 Number 0752                                                                   
                                                                               
 REPRESENTATIVE J. ALLEN KEMPLEN referred to page 1, line 8, "the              
 local school board shall supply funds necessary to pay the expenses           
 of housing".  He suggested changing the word, "shall", to, "may",             
 and asked if that would make a significant difference.  It seemed             
 to him that it would open up partnerships with local nonprofit                
 organizations such as a Native corporation.  A scenario was                   
 presented where a corporation is interested in aggregating a number           
 of students in the Yukon-Kuskokwim area into Bethel or Dillingham             
 for a boarding home.  Their contribution is the development of a              
 residential complex so the threshold of creating a boarding school            
 alternative is lowered.                                                       
                                                                               
 Number 0839                                                                   
                                                                               
 MR. CYR believed that option currently exists.  If the Lower                  
 Kuskokwim school district decides they want a boarding school in              
 Bethel, they have the opportunity to build and maintain a boarding            
 school.                                                                       
                                                                               
 CHAIRMAN BUNDE disagreed.                                                     
                                                                               
 MR. CYR clarified that he could be wrong.  The point he was trying            
 to make was that a partnership could take place, if this law were             
 to pass.  Right now school districts enter into partnerships with             
 private corporations to do a number of things.  The ability is                
 there to form those partnerships.                                             
                                                                               
 Number 0906                                                                   
                                                                               
 MR. CYR said ultimately, in any partnership, it is the school                 
 district's responsibility.  Otherwise you could have Nana                     
 corporation build a dorm, run a dorm and provide the housing,                 
 separate from the school.  They can build a hotel in Kotzebue and             
 fill it with high school age kids, the district can have those kids           
 go to high school in Kotzebue.                                                
                                                                               
 Number 0924                                                                   
                                                                               
 CHAIRMAN BUNDE said that is true, but under state law there can               
 only be one boarding school, Mt. Edgecumbe High School.  He added             
 that Mt. Edgecumbe High School turns away students every year and             
 if other districts wanted to have a boarding school they should               
 have the right to do so.                                                      
                                                                               
 Number 0947                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN said, "Well I'm not sure whether this is             
 directed to Mr. Cyr or maybe he could answer it.  It's actually               
 more along what was just discussed by Representative Kemplen, the             
 word, "shall" in there.  Is it the intention of this legislation              
 that if you have a charter school, then that charter school will              
 supply the funds or is that you may want a charter school to be               
 established that doesn't want to, this bill would preclude that."             
                                                                               
 Number 0976                                                                   
                                                                               
 CHAIRMAN BUNDE said the intent of HB 147 is to allow a local                  
 district, whether it be a public school or a charter school, to               
 establish a boarding school.  The district will pay for this                  
 boarding component themselves.  The word, "shall", is there so that           
 it is clear that the state does not provide funding for the                   
 boarding school.                                                              
                                                                               
 Number 1002                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER said it would not preclude a private              
 donation to accommodate funds for that individual school district.            
                                                                               
 Number 1012                                                                   
                                                                               
 CHAIRMAN BUNDE said the district can partner however they want.  It           
 needs to be understood that we aren't setting up an additional                
 state funded boarding school like Mt. Edgecumbe High School.  Mt.             
 Edgecumbe High School is funded directly by the state.                        
                                                                               
 Number 1038                                                                   
                                                                               
 REPRESENTATIVE GREEN expressed concern that someone is going to               
 misread Section 1(d).  He suggested language to add that the state            
 will not be responsible for boarding.                                         
                                                                               
 Number 1058                                                                   
                                                                               
 CHAIRMAN BUNDE said he could pursue that line of thought, in the              
 House Rules Committee, to make sure that it isn't possible to                 
 misunderstand the language.                                                   
                                                                               
 Number 1077                                                                   
                                                                               
 REPRESENTATIVE GREEN made a motion to adopt CSHB 147(HES), O-                 
 LSO469\B, dated March 7, 1997, Ford as the working document.                  
 Hearing no objection, CSHB 147(HES) was before the committee.                 
                                                                               
 Number 1095                                                                   
                                                                               
 CHAIRMAN BUNDE referred to the committee substitute and said he               
 felt it was necessary to tighten up the title so that it would                
 stick to the subject that this bill addresses and not allow                   
 confusion as it goes through the process.                                     
                                                                               
 Number 1125                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN clarified that the purpose of the                      
 legislation is just to provide the opportunity for more boarding              
 schools to be established in the state as the current statutes                
 preclude that possibility.  He verified that Mt. Edgecumbe High               
 School is completely funded by the state.  He asked if someone                
 wanted to come forward, wanted to create another boarding school              
 funding come from the local school district.                                  
                                                                               
 Number 1170                                                                   
                                                                               
 CHAIRMAN BUNDE said the intent is that the monies would be funneled           
 through the local school districts.  If there were monies that came           
 from a non-profit corporation, fundraising or a federal grant then            
 the school district would administer the program.  The Anchorage              
 school district contracts with a private agency for transportation.           
 A school district or a charter school might contract with Nana                
 corporation for housing.                                                      
                                                                               
 Number 1161                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN referred to the human threshold and                    
 resources that are needed to reach a critical mass which is                   
 sometimes a major obstacle to creative initiatives out in our                 
 communities.  He liked the idea of having more boarding schools in            
 the state, in concept it seems like an appropriate thing to do.               
 The issue of the local school district having to supply funds                 
 concerns him because it is similar to previous issues involving the           
 relationship between the state and local community entities.  He              
 asked if the state is mandating what they shall do or is the state            
 going to give them the opportunity to be flexible.  When you use              
 words like "shall" it seems to be a definitive statement of intent,           
 rather than something that provides more flexibility to a local               
 school board.  He suggested that we want to give them the                     
 opportunity, but also give them the flexibility to make decisions             
 at the local level.                                                           
                                                                               
 Number 1340                                                                   
                                                                               
 CHAIRMAN BUNDE did not disagree with Representative Kemplen.  This            
 bill was based on requests from potential areas that would like to            
 establish charter schools, but it was not his intent to establish             
 other state funded boarding schools like Mt. Edgecumbe High School.           
 He said, at one time, Mt. Edgecumbe High School was supposed to be            
 replaced by regional schools.  It was re-established and is serving           
 a good purpose, but he did not know that the state could duplicate            
 a number of Mt. Edgecumbe High Schools.  He referred to testimony             
 where duplication of the school might erode Mt. Edgecumbe High                
 School's base.                                                                
                                                                               
 Number 1380                                                                   
                                                                               
 REPRESENTATIVE GREEN referred to Section 1(d), which as he reads              
 it, the only permissible funding would be funding from that                   
 particular school board.  He proposed a conceptual amendment on               
 page 1, line 8, strike the first five words and add after the word,           
 "expenses", on line 10, "shall not be provided by the state."  He             
 read the proposed change, "the funds necessary to pay the expenses            
 of housing nonresident students who attend the charter school,                
 including room, board, and other reasonable housing expenses shall            
 not be provided by the state."  He said this would not state,                 
 specifically, that the school board would have to supply the funds.           
 He felt the language accomplished what the chair indicated he                 
 wanted to do, not burden the state with another Mt. Edgecumbe High            
 School.  This language does not necessarily indicate that the                 
 school board does it, it is open to anyone except the state.                  
                                                                               
 Number 1446                                                                   
                                                                               
 CHAIRMAN BUNDE said this conceptual amendment seems reasonable.               
                                                                               
 Number 1461                                                                   
                                                                               
 REPRESENTATIVE PORTER emphasized that Representative Green had made           
 this a conceptual amendment, the committee could let the bill                 
 drafter put what our conception is into the proper language.  If              
 the committee sees a problem with it, we won't accept it.                     
                                                                               
 CHAIRMAN BUNDE said he was deciding whether to do this as a                   
 committee substitute or pass it as a conceptual amendment where if            
 problems developed they could be addressed in the House Rules                 
 Standing Committee.                                                           
                                                                               
 Number 1494                                                                   
                                                                               
 REPRESENTATIVE GREEN made a motion to adopt a conceptual amendment            
 which would, "strike the first five words on line 8, `local school            
 board shall supply' and then at the end of line 10, after the word            
 `expenses' insert, `shall not be provided by the state.'"                     
                                                                               
 Number 1531                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN asked for an explanation of conceptual                 
 amendments.                                                                   
                                                                               
 Number 1535                                                                   
                                                                               
 CHAIRMAN BUNDE said the thrust of the idea is here, it might have             
 to be worded somewhat differently in legalese by Legislative Legal            
 and by the bill drafter to get proper language to fit the bill.               
                                                                               
 Number 1548                                                                   
                                                                               
 REPRESENTATIVE PORTER clarified that the committee is trying to               
 make the language say, in (d) on page 1, that an individual school            
 district may seek outside funds to assist in the funding of this              
 school, but should not look to the state to be the source of those            
 funds.  Virtually everywhere else that is legal may be a funding              
 source for the boarding school.                                               
                                                                               
 CHAIRMAN BUNDE announced, that hearing no objection, Amendment                
 Green-1 was adopted.                                                          
                                                                               
 Number 1578                                                                   
                                                                               
 REPRESENTATIVE PORTER made a motion to move CSHB 147(HES) as                  
 amended with individual recommendations and zero fiscal note.                 
 Hearing no objections CSHB 147(HES) was moved from the House                  
 Health, Education and Social Services Committee.                              
 HB 146 - PUPIL COMPETENCY TESTING                                           
                                                                               
 Number 1603                                                                   
                                                                               
 CHAIRMAN BUNDE announced the next item on the agenda was HB 146,              
 "An Act relating to competency testing requirements for secondary             
 students; and providing for an effective date."  He said this is              
 the third time this bill has been heard.                                      
                                                                               
 Number 1623                                                                   
                                                                               
 DENNIS BOYER, Behavior Consultant, Mat-Su School District, said he            
 works as a liaison between the school district and mental health              
 agencies.  Many of the kids he works with are learning disabled,              
 have attention deficit disorder (ADD), are behaviorally disordered,           
 severely emotionally disturbed or kids who are having a really                
 tough time.  He was in general support of HB 146, but expressed               
 concerned about the bill's impact on this population of students.             
                                                                               
 Number 1671                                                                   
                                                                               
 MR. BOYER said handicapped students cannot be legally or ethically            
 held to the same standards as non-handicapped students.  We can't             
 expect students who are academically handicapped to compete with              
 their peers, anymore than we would expect a child with crippled               
 legs to compete with peers in a foot race.  When he read this bill,           
 he imagined how he was going to tell parents that their third grade           
 child, considering the handicaps, would most likely never be able             
 to pass a test and therefore would not be able to receive a high              
 school diploma.                                                               
                                                                               
 Number 1702                                                                   
                                                                               
 MR. BOYER said, from a legal standpoint, saying that no handicapped           
 child will be given a diploma unless the pass the same exit exam as           
 regular kids will provide a legal opportunity for parents and the             
 Office of Civil Rights.  Conversely, if we grant waivers to these             
 kids and require a non-handicapped student to pass this exit exam,            
 we may be guilty of reverse discrimination.                                   
                                                                               
 Number 1726                                                                   
                                                                               
 MR. BOYER recommended that extreme caution be taken to avoid                  
 discrimination against the many culturally unique communities in              
 this state.  Perhaps our state, more than any other, has a deep               
 cultural divide and any statewide exit exam standards are going to            
 be highly controversial.  For many rural students, it is going to             
 be extremely difficult to do well on a standardized test written              
 for the main stream, when many of them have never seen a street               
 light, fire hydrant or an elevator.                                           
                                                                               
 MR. BOYER said he commercial fished on the Yukon River each summer            
 and often wondered if he moved to Mountain Village, Emmonak or                
 Saint Mary's how he would devise a curriculum that was culturally             
 relevant and would enlist the support of the village elders.                  
 Maintaining the heritage of these students, while giving them an              
 accurate vision of what their future should be.  He thought it                
 would be a tremendous challenge to devise a test that is culturally           
 relevant to many bush communities, while being equally relevant to            
 urban Alaska.  If our exit test is not equally relevant, then it is           
 going to be discriminatory.                                                   
                                                                               
 Number 1780                                                                   
                                                                               
 MR. BOYER commented that he did not know what the standards would             
 be and it is not the committee's job to determine them.  In order             
 to be credible, we cannot hold the students to seventh or even                
 tenth grade standards.  However if we make the standards above                
 sixth, seventh or eighth grade, many handicapped students will                
 never get a diploma unless they are granted a waiver.  A majority             
 of students in this state will pass the exam, because a majority of           
 our students are above the national average.  Some of these                   
 functionally able students won't pass.  He felt that some of them             
 deserve to fail.                                                              
                                                                               
 Number 1813                                                                   
                                                                               
 MR. BOYER referred to one slice of the population of students that            
 are non-handicapped, but will be at risk of injustice.  He works              
 with students with an i.q. of approximately 80.  These students are           
 good, healthy, honest, moral kids who are working 100 percent to              
 their potential, but because their i.q. matches their achievement,            
 they do not qualify as handicapped.  In spite of their best                   
 efforts, they cannot and will not achieve more than a sixth to                
 seventh grade level in English, reading and math.  He knew that it            
 would break the hearts of those teachers who invest great time and            
 great energy to see that child denied a diploma.  He thought it               
 would be a crime to deny this student the opportunities provided by           
 a diploma.  This student might not be capable of further academic             
 growth, but may excel in specific areas.  There are many areas of             
 intelligence beyond what is proposed in this exit test, they                  
 include; music, art, athletics, social skills and salesmanship.  If           
 this student does not get a diploma, he might not get that chance             
 to find and pursue his area of strength.  He asked the committee to           
 imagine this student's hurt and anger.  Despite his best efforts,             
 he is denied access to the post-secondary system.  The school                 
 district will, justifiably, face a legal challenge.                           
                                                                               
 Number 1892                                                                   
                                                                               
 MR. BOYER questioned whether kids like these are going to stay in             
 school.  They are bright enough to know that, in spite of their               
 best efforts, any attempt to receive a diploma is futile.  If we              
 reject these students, they will drop out and we lose the                     
 opportunity to help these students.  Higher drop-out rates have               
 followed the use of exit tests in other states.  We need to take a            
 close look at the factors behind this issue, if increased drop-outs           
 are the casualties of this exit exam system.  If so, we need to               
 prepare alternatives for them.  The drop-outs are going to cost us;           
 not only in the loss of revenue as our school population drops, but           
 the downstream cost of corrections for kids who are shut out of our           
 systems.  Kids, out of school and on the street, are at a high risk           
 of trouble; drugs, stealing and violence.  The cost of                        
 incarceration is extremely high.                                              
                                                                               
 Number 1934                                                                   
                                                                               
 MR. BOYER said the chances for getting public support for this                
 credible bill and for it to succeed are much greater if we plan in            
 advance for the handicapped, the borderline and the drop-outs of              
 this new system that we are proposing.                                        
                                                                               
 Number 1934                                                                   
                                                                               
 REPRESENTATIVE DYSON asked for clarification that if achievement              
 matches potential, a person cannot be classified as handicapped.              
                                                                               
 Number 1942                                                                   
                                                                               
 MR. BOYER responded that the student probably will not be                     
 classified as learning disabled, the student could be classified as           
 ADD is they meet those criteria.  There is a possibility that they            
 could be classified as severely emotionally disturbed from a mental           
 health point of view, or other medically impaired.  We cannot                 
 necessarily get a handicapping condition that will fit each of                
 these children who are borderline.                                            
                                                                               
 Number 1975                                                                   
                                                                               
 REPRESENTATIVE DYSON said he did not follow the logic and asked if            
 not granting a diploma was rejecting a student.                               
 Number 1984                                                                   
                                                                               
 MR. BOYER expressed, from his point of view, that if we have a                
 student with an 80 i.q. who is told that if; he comes to school,              
 follows the rules, enters classes, studies this material and                  
 receives at least D grades, accumulates 21 credits, then he will              
 graduate with a diploma.  With this legislation another criteria is           
 added; you must pass a test.  This test, if it is going to be                 
 credible, must at least expect kids to function in English, math              
 and reading at a ninth grade level, which will be beyond the                  
 ability of this 80 i.q. student, regardless of how hard this                  
 student tries.  He might have an area of specialty such as reading            
 without comprehension, it may be math without the ability to write.           
                                                                               
 Number 2027                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if he had a suggestion for how to                  
 address the issue of the impaired student, such as lowering the               
 expected level of expectation or not having this level of                     
 expectation in order to receive a different type of high school               
 diploma.  He asked if this would further segregate those students             
 from the rest.                                                                
                                                                               
 Number 2059                                                                   
                                                                               
 REPRESENTATIVE GREEN referred to personal examples of people he had           
 worked with who had lower i.q. levels with whom he had a good                 
 working relationship and respect for what they could do.                      
                                                                               
 Number 2095                                                                   
                                                                               
 MR. BOYER knew that we could grant diplomas to severely handicapped           
 children by putting an asterisk on the grades, which shows that it            
 is a special class.  However, it is the same diploma.  There are              
 students out there who should take this test and if they fail they            
 need to be held accountable.  He said this test will wake parents             
 up to what their children need to know.  He questioned how to make            
 accommodations for the legitimately handicapped and how to hold the           
 academically able student accountable.  He agreed to write a letter           
 in the next few days to the committee with any suggestions he had.            
                                                                               
 Number 2149                                                                   
                                                                               
 REPRESENTATIVE PORTER said he is approaching this exam from another           
 position.  While he recognized the need to be sensitive to the                
 needs of the handicapped and the limited capable kids, he felt it             
 was, to a degree, insensitive to give them a diploma that has the             
 same status as the one given to the valedictorian.  Consequently,             
 he thought it was fair that the high school diploma should                    
 represent something of significance to a future employer or                   
 college.  It should mean that this person has met certain                     
 standards.  He asked if it would not meet the purpose to have a               
 certificate of attendance for kids, having the ability to highlight           
 the positive traits that they have.  If they have an avocation in             
 music, the certificate of attendance could state that this person             
 has been diligent in their classes all the way through the system             
 with high points here.                                                        
                                                                               
 Number 2208                                                                   
                                                                               
 MR. BOYER said part of this could be taken care of with a                     
 legitimate grading system.  Unfortunately, we have inflated grades            
 at times.  If we have a student that has an A in math and an A in             
 music and a D in English, then vocational college recruiters or any           
 other one should have the responsibility of looking at the diploma            
 and the grades.  The person looking at the transcript can note that           
 there is an asterisk on the grades with a note referring to the               
 fact that this was a resource class.  If an employer is responsible           
 at all, he should know what that means.  He did not think that the            
 school district, at the high school level for children under the              
 age of 18, should be doing the weeding out process.  We ought to do           
 everything that we can to give them a legitimate diploma that does            
 not shut them out of anything, while holding them accountable                 
 through a grading system and through asterisk grades for those who            
 are handicapped.  With no doors being shut, let those students make           
 the applications to the college or the trade school.  Then as a               
 school we would have told those students the truth; make good                 
 grades, show good attendance, join activities and get letters of              
 reference.  Rather than us, as a district, saying you're washed out           
 and you get a certificate of attendance instead of a diploma.                 
                                                                               
 Number 2280                                                                   
                                                                               
 CHAIRMAN BUNDE said as a legislator, you have to make some                    
 decisions that will benefit the most, while hurting the least.  He            
 questioned what a high school diploma should mean.  The business              
 community and, recently, the university system are frustrated that            
 they are getting high school students who do not function at a high           
 school level, they are functionally illiterate.  He asked if the              
 student with the 80 i.q. should get the high school diploma, if the           
 student with the 50 i.q. should get one as well.                              
                                                                               
 MR. BOYER wished he had those answers.                                        
                                                                               
 CHAIRMAN BUNDE commented that the student with the 50 i.q. has an             
 impact on the student with the 120 i.q. if they both receive a high           
 school diploma.                                                               
                                                                               
 MR. BOYER said any student that is going to college has to pass the           
 SAT exams.                                                                    
                                                                               
 CHAIRMAN BUNDE offered that this is not the case for the University           
 of Alaska.                                                                    
                                                                               
 MR. BOYER suggested raising the standards of entry.                           
                                                                               
 TAPE 97-17, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN BUNDE said 22 or 23 other states have exit exams, maybe we           
 have to look at what they've done.  Perhaps there will be a high              
 school diploma, a regent's diploma, an honor's diploma or whatever,           
 but at some point we are also going to have a certificate of                  
 attendance.  He said the question is, how do we do the best for the           
 most.  He referred to a survey and stated that 90 percent of people           
 in his district are saying they want certification tests for                  
 teachers and a high school achievement test.  Those people want               
 some meaning for the diploma and feel that children will live up to           
 the standards as well as living down to lower standards.  We need             
 to challenge the students that are asleep during the class.                   
                                                                               
 Number 148                                                                    
                                                                               
 MR. BOYER said those kids asleep in class are not being held                  
 accountable.  He added that there is no greater respect for a                 
 handicapped child than to tell them, that in spite of your                    
 handicap, we know you can do this, we expect it of you and if you             
 don't do it, you will be washed out because you are no different              
 than the rest of us.                                                          
                                                                               
 Number 0223                                                                   
                                                                               
 NANCY BUELL, Ed. D., Director, Teaching and Learning Support,                 
 Department of Education (DOE), was next to testify.  It was her               
 understanding that at the last hearing of HB 146, the DOE was asked           
 to make some comments on an implementation timeline.  She referred            
 to a handout, located in the committee file, titled, "Possible                
 Implementation Table for Exit Examination."  A timeline was                   
 projected out for a draft test in reading, writing and mathematics            
 following the committee request that this be done next year with              
 implementation of the test in 2001.                                           
                                                                               
 DR. BUELL explained, based upon the experience of other states, the           
 DOE would suggest a phase in period where you begin testing at a              
 lower grade.  This allows for a system of remediation, which seems            
 to be required in order for the test to withstand a legal                     
 challenge, to be in place.  If you choose to start that remediation           
 at the ninth grade, the experience in other states would indicate             
 that the test implementation would begin a year past the date the             
 committee recommended.  The test would begin by 1999 or 2000.  It             
 would be begin as an exit test for that class.                                
                                                                               
 Number 0348                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that the DOE would begin preparing people            
 to take the test, but not...                                                  
 Number 0359                                                                   
                                                                               
 DR. BUELL recommended that it be given, so that the system of                 
 remediation could be in place.  If you don't give the exam, then              
 there can be no remediation.  If there is no remediation, then                
 chances are it would not pass a legal challenge.                              
                                                                               
 Number 0371                                                                   
                                                                               
 CHAIRMAN BUNDE verified that it would not impact their high school            
 diploma.                                                                      
                                                                               
 Number 0385                                                                   
                                                                               
 DR. BUELL said the idea here is that ninth graders would take the             
 exam and some of them would pass.  If what occurs is similar to               
 what happens in other states, then 40 percent would pass with more            
 passing it in the tenth grade, a number more passing it in the                
 eleventh grade and a few left by twelfth grade who need to pass the           
 exam.  Hopefully those students would pass the exam with a system             
 of remediation between ninth and twelfth grade.                               
                                                                               
 Number 0416                                                                   
                                                                               
 CHAIRMAN BUNDE explained his conception of the exit exam; in the              
 twelfth grade, because students in twelfth grade should be expected           
 to do things that students in ninth grade are not expected to do,             
 there would be an exit exam.  He questioned testing ninth graders             
 with the same exam.                                                           
                                                                               
 Number 0432                                                                   
                                                                               
 DR. BUELL believed that the committee had been provided                       
 information, including extensive legal information, by DOE.  Based            
 upon the experience of other states, states do not start this                 
 testing in the twelfth grade because one of requirements to help              
 withstand legal challenges to this exam, is that there is a system            
 of remediation in place for students who do not pass it.  This                
 system of remediation would not be possible if students took the              
 exam in the twelfth grade.                                                    
                                                                               
 CHAIRMAN BUNDE stated that a student who passed the exam in the               
 ninth grade would not have to take it again.  He suggested that we            
 are requesting a ninth grade ability for our high school graduates.           
                                                                               
 Number 0469                                                                   
                                                                               
 DR. BUELL said, no, this might be one of a number of pieces which             
 might be considered essential for graduation.  This is not a                  
 diploma test, this is one of the things a student has to do in                
 order to graduate.  She asked if this assumption was correct.                 
                                                                               
 Number 0488                                                                   
                                                                               
 CHAIRMAN BUNDE said he was looking at a competency test that high             
 school seniors would take.  It might be that the committee would              
 decide that the best we can hope for is functional literacy at a              
 ninth grade level for our seniors.                                            
                                                                               
 Number 0505                                                                   
                                                                               
 DR. BUELL suggested that there might be semantic difficulty.  She             
 said the committee would intend for the student to take and pass              
 high school classes.  This is also what she is saying; that the               
 minimum competency test could be passed by a ninth grader, but in             
 order to graduate they would have to pass their high school                   
 classes.  This is what is done in other states.                               
                                                                               
 Number 0530                                                                   
                                                                               
 CHAIRMAN BUNDE said we come back to the issue that the minimum                
 competency level we expect of our high school seniors is a ninth              
 grade literacy level.                                                         
                                                                               
 Number 0536                                                                   
                                                                               
 DR. BUELL said this did not mean that all of our ninth graders are            
 on the ninth grade level.                                                     
                                                                               
 Number 0548                                                                   
                                                                               
 CHAIRMAN BUNDE understood this to be the case.  He reminded her               
 that HB 146 included a social science and science section in the              
 exit exam.                                                                    
                                                                               
 Number 0556                                                                   
                                                                               
 DR. BUELL understood this.  The department did not recommend, for             
 a number of reasons, that we test science and social science on an            
 exit test.  There are a couple of states which do this, who have              
 invested millions of dollars in trying to make their test something           
 which can past muster.  The DOE has found, in terms of developing             
 this kind of test, that there is not national agreement on what               
 would constitute appropriate standards in this area.  For instance,           
 the national standards in those areas, especially in social                   
 studies, have been sent back three times and the U.S. Congress has            
 refused to fund the latest rendition of the standards because they            
 do not feel they are appropriate.  It is hard to develop a test               
 that everyone believes is appropriate for graduation if we don't              
 have common agreement on the standards.  Further, it is very                  
 difficult to develop a test where a student performs the same from            
 time to time, which is the reliability needed in order for the test           
 to stand up in court.                                                         
                                                                               
 Number 0623                                                                   
                                                                               
 DR. BUELL said most of the science and social studies components,             
 on this scale, test the ability to read material in science and               
 social studies as opposed to true science and social studies                  
 knowledge or the application of that knowledge.  For instance, they           
 would be reading about science as opposed to being able to perform            
 in science. There has been, amongst the assessment community                  
 nationwide, a great deal of energy in this area lately because a              
 lot of states are interested in having all their standards tested.            
 The technical validity of those tests is not good yet.  She                   
 referred to reports that she would be glad to share with the                  
 committee.  These tests are far from being economically feasible.             
 The state could obtain tests in reading, writing and mathematics              
 economically.                                                                 
                                                                               
 Number 0675                                                                   
                                                                               
 CHAIRMAN BUNDE said, on this point, social science is a large block           
 of knowledge and asked if we were to talk about history, U.S.                 
 history or U.S. and Alaska history would it seem more achievable.             
                                                                               
 Number 0692                                                                   
                                                                               
 DR. BUELL answered that one state was in the process of developing            
 a history test.  This state could be contacted to find out the                
 costs associated with it and how difficult it's been.  We have                
 standards in that area, obviously we think students should know and           
 be able to do things in that area.  We're talking about a large               
 scale state level test as opposed to the district being able to               
 test the individual at the local level where they're observing the            
 student every day.  There are multiple indicators which test                  
 knowledge including; the teacher knowing what has been taught and             
 testing that particular knowledge.                                            
                                                                               
 Number 0725                                                                   
                                                                               
 DR. BUELL clarified that DOE does not resist the idea of an exit              
 test in any way.  They have put a great deal of time and energy               
 into trying to establish content standards for students.  They've             
 tried to do that in a way that is appropriate for Alaska.  Being a            
 local control state, Alaska has taken a bashing, nationally, for              
 not having state adopted standards, for not having state mandated             
 assessments in all areas.  Alaska always seems to be at the bottom            
 of the list and it is always because we have voluntary standards.             
 This is part of what we've done as a state and has resulted, over             
 time, in a real limited capacity for the state to mandate anything.           
 We need to start mandating things if we are going to require that             
 certain things be met.  We need to mandate things a lot farther               
 down the line.                                                                
                                                                               
 DR. BUELL commented that a state which has always had a statewide             
 curriculum, or a state like California which even mandates its                
 textbook adoption and what has to be done in inservice classes, it            
 is much easier for those states to declare what the curriculum is             
 and this is what we're going to test.  A testing company can make             
 the test based on this curriculum, even then the state spent                  
 several million dollars creating this test.  There is no                      
 significant difference between developing a test for 20,000                   
 students and developing a test for 2 million kids.  It is a similar           
 technical process, virtually identical.  We can learn from what has           
 happened in other states.                                                     
                                                                               
 DR. BUELL referred back to the timeline she presented and said it             
 is the timeline which Washington and several other states have                
 taken.  As this becomes a bigger and bigger issue nationally, as              
 people are looking at standards and whether or not students can               
 achieve standards, the whole interest in state level testing has              
 been substantially increased, as well as the litigation associated            
 with this issue.  She hoped the committee knew that DOE is not                
 opposed in concept, but is trying to offer information based upon             
 what they have gathered from other states.                                    
                                                                               
 Number 0850                                                                   
                                                                               
 CHAIRMAN BUNDE explained that some of the frustration he has heard            
 is about walking the line between local control and the voluntary             
 standards.  As well as the frustration about the competence level             
 of graduating seniors.                                                        
                                                                               
 Number 0882                                                                   
                                                                               
 CHAIRMAN BUNDE said HB 147 is an attempt to move from voluntary               
 standards to some compliance level which maintains as much local              
 control as possible.  He suggested that those areas which could use           
 the standards the most will probably be the ones least likely to              
 use voluntary standards.                                                      
                                                                               
 Number 0902                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if the standards were based on the                 
 required courses in school.  He referred to elective courses and              
 questioned the need to test those subjects.  He asked if we are               
 testing ninth graders, if we are testing those required ninth grade           
 courses.                                                                      
                                                                               
 Number 0983                                                                   
                                                                               
 DR. BUELL said his comments reminded her of the bell curve which is           
 where we get the whole concept of a ninth grade level versus                  
 whatever other grade level.  The curve is based on an adequate                
 sample, the majority of people who are this age, in this grade, and           
 who many will do this well.  It is quite arbitrary.  One of the               
 things that has happened in a lot of states is the desire to say              
 that all students better get up to certain levels, it is not good             
 enough that 50 percent of them get up to that level.  So, rather              
 than saying a ninth grade level, they say here is the standard that           
 everybody needs to meet.  If everybody doesn't meet it, then they             
 don't get proficient.                                                         
                                                                               
 Number 1029                                                                   
                                                                               
 DR. BUELL referred to his concern that ninth grade is the best that           
 we would expect.  If you look at the bell curve, you can see that             
 some ninth graders are reading at the fourteenth, fifteenth and               
 sixteenth grade levels.  The bell curve would tell us that in a               
 normal population, perhaps 2 or 3 percent are out there at the end.           
 Then there are 2 or 3 percent that aren't even on the chart, they             
 are way down on the other end.  A bunch are probably at the                   
 eleventh or twelfth grade level.  By the time those students get to           
 high school they never score at the "ninth grade level" on those              
 standardized tests.  Right in the middle, the big bunch, are the              
 group that determine the level.  She did not feel this system was             
 good enough for standards.  In establishing a cut off score you               
 have to figure out what we want a high school student, who exits,             
 to know and be able to do and then set a level of expectation                 
 there.  This is what they are hoping to do with the establishment             
 of standards and what other states have tried to do as well.                  
                                                                               
 Number 1084                                                                   
                                                                               
 DR. BUELL commented that in some other states, nobody passes the              
 first year.  This happened in Kentucky and Connecticut, but because           
 those states had a phase-in, they were able to tell the teachers              
 and kids what needed to be done, tell the parents that this is what           
 your kids are going to need to know and in a short time an                    
 increasing number of students began to pass the test.  If you don't           
 know what the standards are, it's a crap shoot.  You might pass,              
 you might not.  If you know what the standards are, you clearly               
 know what you need to know, then the ninth grade level becomes                
 irrelevant and the standards are the important thing.                         
                                                                               
 Number 1110                                                                   
                                                                               
 CHAIRMAN BUNDE noted that most newspapers and instructions are                
 written at the eighth grade level, so perhaps he shouldn't have               
 felt so challenged by the ninth grade level.  He referred to the              
 carrot and stick approach and said Representative Dyson would talk            
 about managing outcomes, but that there are students in the                   
 eleventh grade now, who have to do very little in school because              
 they have worked ahead and received their credits.  He is concerned           
 that someone in the ninth grade, who has passed their exam, would             
 coast for the next three years or if they would remain motivated.             
 He reiterated that he is concerned about the message that might be            
 sent if they take and pass the test early on.                                 
                                                                               
 Number 1168                                                                   
                                                                               
 DR. BUELL said there will probably be some students who could pass            
 this exit exam without going to school.  She added that the family            
 is very important.                                                            
                                                                               
 Number 1200                                                                   
                                                                               
 REPRESENTATIVE PORTER asked what is it that constitutes a ninth               
 grade level of math.  He vaguely recalled that when he entered high           
 school, there was some kind of a test and you were either placed in           
 algebra or general math.  He asked if the exam would be on algebra            
 or general math.                                                              
                                                                               
 Number 1239                                                                   
                                                                               
 DR. BUELL answered the test would include a combination of algebra            
 and general math.  She cited an example where students who were               
 taking calculus and differential equations, taking college courses,           
 but couldn't pass the math competency exam and had to take a                  
 special class on how to figure out how to do things at that level.            
 The very highly qualified student has difficulty with dichotomous             
 choices, they see too many options.  Other states have also found             
 this to be the case.                                                          
                                                                               
 Number 1271                                                                   
                                                                               
 REPRESENTATIVE PORTER cited his own difficulty with a math exam for           
 his entrance exam into NorthWestern University, because it had been           
 so long since he had performed "so called" simpler math problems.             
                                                                               
 Number 1290                                                                   
                                                                               
 DR. BUELL stated you would not want to assume that just because we            
 would give the test to ninth graders first that the test would be             
 at the ninth grade level, DOE would not recommend this.  The DOE              
 would recommend that we begin seeing how many people pass it and              
 who was going to need remediation prior to the time when they exit            
 high school.  The exam probably ought to be based on what we expect           
 students to do when they graduate.  Some of them will be able to do           
 that part of it early on and other states have found, within a                
 population of students, some of them can do it.  It doesn't mean              
 that those students drop out of school.  The population that passes           
 the test is not the population that drops out of school in other              
 states.  The population that doesn't pass is the population that              
 drops out in other states.  You have to set up a program to bolster           
 those students who have poor skills and give them confidence.  This           
 is true, as well, for able students who fail the test because of              
 poor test taking skills or the kind of thing that Representative              
 Porter mentioned.                                                             
                                                                               
 Number 1343                                                                   
 REPRESENTATIVE GREEN cited a personal example about strengths and             
 weaknesses in different academic areas.                                       
                                                                               
 Number 1381                                                                   
                                                                               
 CHAIRMAN BUNDE mentioned that what was being discussed was core               
 curriculum and core abilities, what we expect of our average                  
 citizen.  Our newspapers are written at an eighth grade level.  He            
 did not expect that we would have a test that would begin to                  
 explore the intensified areas, whether they be science or any other           
 area.  He asked what a high school diploma should mean and stated             
 that Dr. Buell raised a whole new possibility in the area of                  
 testing.  He had an idea that at the end of high school, there                
 would be this level of expectation on which students would be                 
 tested.                                                                       
                                                                               
 Number 1447                                                                   
                                                                               
 DR. BUELL said she would be happy to get information from other               
 states and legislatures that have coped with this issue.  Other               
 legislatures have set exit tests, these exit tests are not just               
 implemented by state departments of education.  In the last ten               
 years, especially during the past five years, when we look at other           
 states, they're beginning to get reports about their experiences.             
 She referred to a report from Mississippi where they identified the           
 things needed to be in place before they imposed a test like this.            
 The most important thing seems to be, from her personal                       
 perspective, is that we make sure that we come up with a legally              
 defensible and fair system.  Because of this issue, we can't ignore           
 a system of remediation.                                                      
                                                                               
 Number 1462                                                                   
                                                                               
 CHAIRMAN BUNDE added that this remediation should be happening now.           
 Schools probably aren't doing it because they don't realize it                
 needs to be done, because parents aren't insisting on it or because           
 students aren't being as responsible as they ought to be.                     
                                                                               
 CHAIRMAN BUNDE asked if she could provide information on testing              
 for history; state or U.S. history or whatever they have there.               
                                                                               
 Number 1490                                                                   
                                                                               
 REPRESENTATIVE GREEN cited an example where the set level is 70               
 percent.  He asked if someone could get a 65 percentile in one                
 area, a 90 percentile in another area, et cetera and then asked if            
 that student would pass, based on an average figure for those                 
 separate components of the exam.                                              
                                                                               
 DR. BUELL said a decision would have to be made.  She knew of other           
 states that averaged the scores out and she would include this in             
 the information she sent to the committee.                                    
 Number 1524                                                                   
                                                                               
 CHAIRMAN BUNDE cited an example where a ninth grader passes the               
 reading portion and is not able to pass the other components.  He             
 asked if that student would retake the whole test in tenth grade or           
 just the portions they did not pass.  He also asked if they are               
 taking the same test over and over again.  He mentioned that some             
 tests might be seen as more difficult than others.                            
                                                                               
 DR. BUELL said this was definitely a factor.                                  
                                                                               
 Number 1560                                                                   
                                                                               
 REPRESENTATIVE PORTER verified that, with repetitive testing,                 
 separate tests would be needed.                                               
                                                                               
 CHAIRMAN BUNDE said he assumed that to be the case.                           
                                                                               
 DR. BUELL said this is why you could not test every three months,             
 you couldn't afford it.                                                       
                                                                               
 Number 1580                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN clarified that other states are testing                
 competency at early ages and asked what kind of tests were being              
 done, and at what grade levels.  He understood that the California            
 Achievement Test (CAT) was being administered now.  He asked if               
 that could be perceived as a competency test.                                 
                                                                               
 Number 1622                                                                   
                                                                               
 DR. BUELL said the CAT was not designed to be a competency test, it           
 was designed to give information about student performance relative           
 to the objectives for which the test is done.  The concept of                 
 competency needs to be established by someone.  The testing company           
 for the CAT, C.T.B. McGraw Hill has told DOE that they would not              
 support the use of that test as a competency test.  Part of the               
 reason why it could not be used is that the CAT compares students,            
 it is normative.  It is your performance compared to the students             
 on whom the test was originally tested, not against a specific                
 level of expectation.  For instance, if everyone did very poorly              
 you could miss one and be in the 70 percentile or you could miss 12           
 and be in the 99 percentile because it is all relative to the                 
 original population.                                                          
                                                                               
 DR. BUELL said for a competency test, you must establish what the             
 competency is, what the performance is that's acceptable and                  
 measure everyone against the same standard.  The type of test which           
 is based on normative behavior would not function as a competency             
 test.  Unless someone actually went through the test and everyone             
 agreed that if everyone could answer question 14, then this                   
 question could be placed on a competency test.                                
 Number 1689                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN said if our intent was to produce a                    
 knowledgeable and competent citizen, then the earlier that we are             
 able to measure their level the more likely we could step in with             
 remediation.  He asked what the earliest year should be to                    
 administer a competency test.  He suggested it might be fourth                
 grade, the same year the CAT is administered.                                 
                                                                               
 Number 1725                                                                   
                                                                               
 DR. BUELL said he was talking about her opinion now.  Based on what           
 she has seen across the United States, the responsible systems for            
 this kind of thing start early and they do what is called                     
 benchmarking.  They start with what they expect students to be able           
 to do and then they work back from that and figure out where they             
 expect students to be by here and by here.  In really comprehensive           
 systems this begins by the end of primary school where they look at           
 whether students can do the basic mechanics of reading by the end             
 of third grade.  It is not an accident that this particular grade             
 is one of the President's benchmark years, where he says everyone             
 should read by fourth grade.  It is pretty well established that if           
 you don't have, by the time you go into fourth grade, the basic               
 mechanics of reading where you transfer from looking at reading to            
 reading in content areas then the chances are good that you will              
 never catch up.                                                               
                                                                               
 DR. BUELL mentioned other studies which indicate that if certain              
 things aren't in place when a child enters kindergarten, they may             
 never catch up.  This principle is what Head Start is based on.               
 There have been a lot of studies done on this issue.  Longitudinal            
 studies of Head Start are 20 years old now and show that fewer Head           
 Start students are in the correctional system, fewer drop out,                
 fewer have social problems in high school and so on and so forth.             
 The earlier you intervene and have expectations and provide                   
 support, it is pretty well established that there is a greater                
 chance that the student will make it all the way through the                  
 system.                                                                       
                                                                               
 DR. BUELL said this means intervening at the family level, if you             
 can, because families are so important.  There is no other single             
 factor that would be a better predictor of whether a student would            
 survive this test then determining the educational support coming             
 from the family.                                                              
                                                                               
 Number 1808                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN cited her use of benchmarks by responsible             
 systems.  If the intent is to create a competent citizenry and we             
 wanted to apply one of these responsible systems here in Alaska,              
 using benchmarks to allow for remediation, where would those                  
 benchmarks be located.                                                        
 Number 1860                                                                   
                                                                               
 DR. BUELL said she was not the right person to answer this question           
 because she did not feel that learners queue up at those levels.              
 Our system is based on students queuing up at those levels.  She              
 believed that if we have standards for children, they will meet               
 them at progressively earlier and earlier ages.  To say this is the           
 level of expectation here, there will be a lot of kids who won't              
 reach it, and a lot of kids who will have reached it earlier.                 
 Parents know that one child will read by this age and another will            
 read at another age.  Children are not all at the same place at               
 fourth grade, eighth grade or anywhere else, so establishing a                
 benchmark is complex.  It makes more sense, from her point of view,           
 to establish a benchmark based on the standards; how many kids can            
 reach this first benchmark, when they reach the first benchmark               
 where the second benchmark should be so that they can work towards            
 that goal.  This is what standards based education is all about.              
                                                                               
 DR. BUELL said we test, most, at the fourth, eighth and eleventh              
 grades.  It has become a matter of convention.   She was not                  
 convinced that this phenomena was necessarily supported by any                
 particular research evidence which says those are watershed years,            
 in fact there is some evidence to the contrary.                               
                                                                               
 Number 1928                                                                   
                                                                               
 REPRESENTATIVE GREEN discussed the variance in i.q. tests, with               
 margins on either side of the score.  He then mentioned people who            
 have difficulties taking tests, people being sick, angry or having            
 emotions that make it difficult to take tests.  He asked if you               
 could measure a person's competency on any given test.                        
                                                                               
 Number 1957                                                                   
                                                                               
 DR. BUELL answered that this is how a standardized test is                    
 designed.  It is designed to throw out questions where a student              
 does not perform reliably over time.  There is a certain element of           
 the population that will be highly variable no matter what, the top           
 and bottom of the bell curve of any norming group.  She restated              
 the question; will there be some students who will perform very               
 differently from test to test and answered, yes.  Will there be               
 some students who can pass at one time and not pass it the next               
 year?  The answer would be yes, there would be some students who              
 would perform that way.  Will there be some students that will be             
 competent and can't pass at this time, but could pass it the next             
 time?  The answer would be yes.  All of those variables will exist.           
                                                                               
 Number 1997                                                                   
                                                                               
 REPRESENTATIVE GREEN asked if external forces would affect the                
 perception of a student's competency, especially those students who           
 are borderline.                                                               
 Number 2015                                                                   
                                                                               
 DR. BUELL said this is why science and social studies are pulled              
 out as separate scores on a standardized test, because it takes               
 more repetitions or it is harder to get a consistent behavior on              
 that particular test.  For writing, you can develop a pretty                  
 reliable test.  In other words, a student is going to perform the             
 same no matter how many times they take the test which allows the             
 lumping together for a composite score.  There is a reason why a              
 child's scores for a standardized multiple choice test have scores            
 that are off by themselves such as spelling, social studies,                  
 science and there are scores that can be lumped together in a                 
 composite because they have higher reliability, because they don't            
 seem to be influenced by other factors.  That is one of the                   
 indicators, there are other reasons as well.                                  
                                                                               
 Number 2047                                                                   
                                                                               
 CHAIRMAN BUNDE said people would have the opportunity to take the             
 test as ninth graders, tenth graders, eleventh graders, twelfth               
 graders and as HB 146 is written, for three years after that.  He             
 had empathy for those who suffer test anxiety, but at some point              
 how does test anxiety differ from filling out a job application or            
 a college application.  He reiterated the question of what does               
 this high school diploma mean.                                                
                                                                               
 Number 2089                                                                   
                                                                               
 REPRESENTATIVE PORTER said it has been thrown out that there are              
 some people who can take tests and some who can't.  As a result it            
 has been said that tests aren't really valid because the same two             
 people would perform differently under certain circumstances.  He             
 asked if this notion has been substantiated.                                  
                                                                               
 Number 2103                                                                   
                                                                               
 DR. BUELL answered that there are always going to be some                     
 individuals who can, without substantive knowledge, sit down to a             
 test that is multiple choice and pass.  The Princeton Institute               
 will charge you $500 to teach you how to be dull for the sake of              
 your future and raise your SAT scores by 50 points.  They are                 
 teaching you to test wisely.  That A is the most common answer,               
 when it is a dichotomous choice do not take more than 15 seconds,             
 take your first choice without thinking through the problem. If               
 schooling is teaching you to consider your math carefully, to show            
 your answer, to visualize while the average amount of time per                
 question is 16 seconds, then the test score is going to be better             
 for the student who doesn't do those things.  There are students at           
 every age who take tests well and they may never know the content.            
 This is the reason why you would not want a simple test, but a                
 system where this could not happen such as having a writing                   
 assessment.  This is why the SAT and other major tests have added             
 writing samples.                                                              
                                                                               
 Number 2183                                                                   
                                                                               
 CHAIRMAN BUNDE understood this could happen on multiple choice                
 tests, but the exit exam he is referring to is mathematics, reading           
 and writing.                                                                  
                                                                               
 Number 2188                                                                   
                                                                               
 REPRESENTATIVE PORTER presented a scenario where a person with test           
 anxiety, who knew the knowledge took the exam and did not pass.               
                                                                               
 Number 2203                                                                   
                                                                               
 DR. BUELL said this is well documented phenomenon in the assessment           
 literature.  She referred to two people who got up to leave the               
 qualifying examinations at the end of the doctoral program because            
 they were so nervous.  They obviously knew the material, they were            
 getting A grades, did the papers, but they could not take that test           
 without folding because they are so nervous.  She observed                    
 children, when she was teaching, who could not take tests.  The               
 brain, when it is in threat mode, shuts down to a certain level. If           
 you have had a very bad experience, it is something that can sit              
 with your whole life.  She questioned how many people would be                
 affected by this anxiety.                                                     
                                                                               
 TAPE 97-18, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN BUNDE explained that testing is not unusual for a student            
 from first grade on, this would just be one more test in a series             
 of tests that kids have to take.  Now, as this exit exam is                   
 conceived, they have four years of high school to attempt this                
 test, plus an additional three years after school.  There will                
 always be some students on the edge of things that will be                    
 challenged by this sort of a test.  Mr. Boyer mentioned some of               
 these students.  We need to be aware that school districts and                
 teachers will teach the test, to make sure that students know the             
 test.  If this happens then we will have literate students.  He had           
 hopes that we would have Lake Wobegone children, all of them above            
 average.                                                                      
                                                                               
 CHAIRMAN BUNDE addressed Dr. Buell and said she had given the                 
 committee a great deal to think about.  He did not feel comfortable           
 to move the bill and said it would be scheduled Tuesday, March 18,            
 1997.  He said any discussions should relate to the committee                 
 substitute.                                                                   
 Number 0119                                                                   
                                                                               
 ADJOURNMENT                                                                   
 There being no further business to conduct, CHAIRMAN BUNDE                    
 adjourned the meeting of the House Health, Education and Social               
 Services Standing Committee at 4:43 p.m.                                      
                                                                               

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