Legislature(2001 - 2002)

04/03/2002 01:40 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
        JOINT SENATE HEALTH, EDUCATION & SOCIAL SERVICES                                                                      
          AND COMMUNITY AND REGIONAL AFFAIRS COMMITTEES                                                                       
                          April 3, 2002                                                                                         
                            1:40 p.m.                                                                                           
                                                                                                                                
SENATE MEMBERS PRESENT                                                                                                        
                                                                                                                                
Senator Lyda Green, Co-Chair                                                                                                    
Senator Jerry Ward                                                                                                              
Senator Gary Wilken                                                                                                             
Senator Bettye Davis                                                                                                            
Senator John Torgerson, Co-Chair                                                                                                
Senator Randy Phillips                                                                                                          
Senator Pete Kelly                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Loren Leman                                                                                                             
Senator Alan Austerman                                                                                                          
Representative Georgiana Lincoln                                                                                                
                                                                                                                                
OTHER LEGISLATORS PRESENTS                                                                                                    
                                                                                                                                
Senator Donny Olson                                                                                                             
Representative Reggie Joule                                                                                                     
Representative Fred Dyson                                                                                                       
Representative Con Bunde                                                                                                        
Representative Sharon Cissna                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
STATEWIDE SCHOOL SAFETY/MCQUEEN SCHOOL CLOSURE, KIVALINA                                                                        
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Commissioner Shirley Holloway                                                                                                   
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
                                                                                                                                
Commissioner Glenn G. Godfrey                                                                                                   
Department of Public Safety                                                                                                     
PO Box 111200                                                                                                                   
Juneau, AK  99811-1200                                                                                                          
                                                                                                                              
Mr. Charles Mason, CEO                                                                                                          
Northwest Arctic Borough School District                                                                                        
PO Box 1110                                                                                                                     
Kotzebue, AK  99752                                                                                                             
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-24, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CO-CHAIR LYDA GREEN  called the Senate Health,  Education & Social                                                            
Services  Committee meeting  to order  at 1:40  p.m.  Senate  HESS                                                              
members present were  Senators Ward, Davis, and  Green. Senate CRA                                                              
members present  were Senators Kelly  and Chairman  Torgerson. She                                                              
announced the primary  purpose of the meeting is  to hear from the                                                              
Department of  Education and Early  Development (DOEED)  about the                                                              
McQueen School Fact Finding Team's report.                                                                                      
                                                                                                                                
COMMISSIONER  SHIRLEY HOLLOWAY,  DOEED,  thanked Chairwoman  Green                                                              
for  postponing the  hearing until  she  and Carl  Rose, the  team                                                              
leader of the  fact finding team, could present the  report to the                                                              
community  of  Kivalina,  the  Northwest   Arctic  Borough  School                                                              
District (NWABSD)  and the regional  school board.  She introduced                                                              
DOEED staff:  Dr. Ed  McLain, Yvonne  Chase, Dr. P.J.  Ford-Slack,                                                              
and Terry  Campbell; Assistant  Attorneys  General Ken Truitt  and                                                              
Jeanne Mischel;  Paula Paulowski of  the state board  of education                                                              
and  Megan Kaufman  (ph), student  member  of the  state board  of                                                              
education. She noted  that Mr. Rose was very disappointed  that he                                                              
could  not be  present. As  the team  leader of  the fact  finding                                                              
group, Mr.  Rose he did an exemplary  job of leading his  team and                                                              
reporting to the community.                                                                                                     
                                                                                                                                
COMMISSIONER HOLLOWAY began her review  of the report and referred                                                              
to two items in  the letter she received from Mr.  Rose. The first                                                              
reads:                                                                                                                          
                                                                                                                                
     All team members  are of the firm belief  that competent                                                                   
     outside facilitation is necessary  to assist in creating                                                                   
     an  educational  environment  at  McQueen  School  where                                                                   
     children  can achieve  at high  levels. The  fundamental                                                                   
     responsibility for  improving the situation  in Kivalina                                                                   
     should remain within the Kotzebue region.                                                                                  
                                                                                                                                
The second item reads:                                                                                                          
                                                                                                                                
     The  team   further  references  the  NWABSD   Board  of                                                                   
     Education  as the  sole entity  with the  responsibility                                                                   
     and  authority  under  Alaska  law  to  incorporate  the                                                                   
     recommendations found in this report.                                                                                      
                                                                                                                                
She  then noted  the  team chose  the  title,  "McQueen School:  A                                                              
School  in Crisis  -  A School  at  a Crossroad,"  very  carefully                                                              
because it believes when a school  is in crisis, the question must                                                              
be asked: Do  we want to improve  and can we improve?  If not, the                                                              
school is at a crossroads, meaning  the state will have to explore                                                              
redesigning the  delivery system for  rural education -  a serious                                                              
matter. Mr. Rose  spent considerable time talking  about, from the                                                              
team's perspective, the difference in the two options.                                                                          
                                                                                                                                
COMMISSIONER HOLLOWAY then read the  introduction on page 2 of the                                                              
report:                                                                                                                         
                                                                                                                                
     The irony  was too apparent  to ignore as  Mildred Sage,                                                                   
     Kivalina octogenarian,  wondered what had gone  so wrong                                                                   
     with  the  very  school she  had  been  instrumental  in                                                                   
     opening thirty  years ago to force its closure  due to a                                                                   
     legacy  of  disheartening  stories of  student  (and  at                                                                   
     times,  adult) misbehavior  and  alarmingly low  student                                                                   
     achievement.                                                                                                               
                                                                                                                                
     McQueen School was the first  village high school in the                                                                   
     Northwest Arctic  region - a groundbreaking  institution                                                                   
     that promised to serve as a  model for other villages as                                                                   
     they sought  to educate  their children.  Unfortunately,                                                                   
     due to recent events, McQueen  School looks as if it may                                                                   
     serve as  another model for  village schools - not  as a                                                                   
     beacon of  student success, but as a  troubling snapshot                                                                   
     of what many have feared rural education has become.                                                                       
                                                                                                                                
COMMISSIONER HOLLOWAY  then referred to  page 3 in  the background                                                              
section of the report  and noted the team spoke many  times to the                                                              
fact  that  this  situation  did not  come  about  overnight.  The                                                              
problems in  Kivalina have been growing  for many years  and, in a                                                              
variety  of ways,  a  lid has  been kept  on  those problems.  She                                                              
called  members'  attention  to  the bottom  part  of  the  second                                                              
paragraph,  which  presents  the   complex  reasons  the  teachers                                                              
departed. She read:                                                                                                             
                                                                                                                                
     Departing  teachers  also mentioned  other  frustration:                                                                   
     (in  no  ranked  order)  divergent  staff  philosophies;                                                                   
     challenges  associated with  establishing the  education                                                                   
     climate (climate discipline)  necessary to hold students                                                                   
     to even minimal academic expectations;  frustration over                                                                   
     classrooms  full  of  students  lacking  basic  literacy                                                                   
     skills;  poor  student  academic   performance;  overall                                                                   
     angst  caused   by  numerous  instances   of  aggressive                                                                   
     student    acts   towards    teachers;   angry    parent                                                                   
     confrontations  occurring during which adults  supported                                                                   
     negative student behavior; and,  finally, disappointment                                                                   
     in  being targeted  by innuendoes  levied against  staff                                                                   
     through unsubstantiated student allegations.                                                                               
                                                                                                                                
She  confirmed  there  were  many  reasons  that  five  of  eleven                                                              
teachers asked to  be reassigned.  She then commended  the members                                                              
of the fact-finding team because  not only did they spend hours in                                                              
Kivalina  and   Kotzebue,  they   also  called  many   people  and                                                              
deliberated until  the early hours  of the morning about  the core                                                              
issues.                                                                                                                         
                                                                                                                                
COMMISSIONER  HOLLOWAY  moved to  the  conclusion  section of  the                                                              
report on page 7 and said that presenting  it to the community was                                                              
a  hard   pill  to  swallow.   State  Trooper  Andy   Greenstreet,                                                              
Representative  Joule and  Senator Olson  accompanied she  and Mr.                                                              
Rose  to the  community to  present those  conclusions. The  first                                                              
paragraph says "the  closure was the result of a  long and complex                                                              
chain  of events  in  a dysfunctional  school  in a  dysfunctional                                                              
community..."  Mr. Rose made  it clear to  all of the  groups they                                                              
talked to  that he was  not there to  debate or defend  the report                                                              
but it was being presented as a guide  to the next steps that need                                                              
to  be taken.  She indicated  the label  "dysfunctional" was  very                                                              
hurtful to the community. Community  members did not argue whether                                                              
it  is true,  rather  they were  open about  the  fact that  their                                                              
community  was being  labeled that  way. Mr. Rose  was careful  to                                                              
identify  why that  term was  chosen. In  a functional  community-                                                              
school relationship,  there are  shared behavioral standards.  The                                                              
community,  families,  teachers   and  parents  have  agreed  upon                                                              
appropriate  behavior.  In  a  functional  community,  those  same                                                              
groups have agreed  upon the delivery and importance  of education                                                              
and what  children should learn to  do; that is not  there either.                                                              
In a  functional community-school  relationship, the  community is                                                              
involved  in the school  - that  is not  there. Kivalina  does not                                                              
have those shared  standards. That is the basis on  which the team                                                              
chose the word "dysfunctional."                                                                                                 
                                                                                                                                
COMMISSIONER  HOLLOWAY noted  the team categorized  the issues  in                                                              
Kivalina as follows: community issues;  instruction and curriculum                                                              
issues; governance  and leadership  issues; school discipline  and                                                              
safety   issues;  and   professional  development-staff   training                                                              
issues. She highlighted the following from those categories:                                                                    
                                                                                                                                
   · Community issues - the team felt there was disconcertingly                                                                 
     low  community  expectation   and  a  common  acceptance  for                                                              
     substandard    student   achievement.    From   the    team's                                                              
     perspective,  there  appeared  to be  a  pervasive  community                                                              
     tolerance of  student misbehavior.  No matter where  the team                                                              
     went,  she   felt  there  was  an  unwillingness   to  assume                                                              
     responsibility   among   parents,  teachers,   school   board                                                              
     members,  advisory board members,  or central  administration                                                              
     staff.   One of the biggest  problems identified by  the team                                                              
     was a  lack of communication  from the district  office clear                                                              
     down to the classroom level.                                                                                               
                                                                                                                                
CO-CHAIR GREEN asked where the lack of communication is addressed                                                               
in the report.                                                                                                                  
                                                                                                                                
COMMISSIONER HOLLOWAY said it is addressed in the governance and                                                                
leadership issues category. She then continued highlighting                                                                     
problems discussed in the conclusions section.                                                                                  
                                                                                                                                
   · Under the instruction and curriculum issues category,                                                                      
     student  achievement   data  suggests  that   standards-based                                                              
     instruction  is   not  being  delivered.  The   community  is                                                              
     concerned that the curriculum  is not being delivered so that                                                              
     students  can connect  what they  are learning  to their  own                                                              
     culture and daily lives.                                                                                                   
   · Under the governance and leadership issues category, a lack                                                                
     of cooperation  and communication was noted. A  lot of finger                                                              
     pointing  was  done.  Mr.  Rose  repeatedly  pointed  out  an                                                              
     inconsistency in communication.  For instance, each group had                                                              
     a completely  different explanation of the  events leading up                                                              
     to the school  closure and the actual closure.  The team felt                                                              
     there was enough  blame to go around and  that everyone needs                                                              
     to roll up  their sleeves and get to work rather  than do any                                                              
     more finger pointing. In addition,  there was little evidence                                                              
     that effective  training for  the McQueen advisory  board had                                                              
     taken place.                                                                                                               
   · Under the school discipline and safety issues category,                                                                    
     there   were  numerous   serious   documented  incidents   of                                                              
     aggressive student behavior  toward staff this year. The team                                                              
     reported  that  unruly student  behavior  has  been the  rule                                                              
     rather than  the exception in  the Kivalina  community. There                                                              
     is  a strong  perception that  negative  student behavior  is                                                              
     rationalized  and   even  sometimes  supported   by  parents.                                                              
     Differences  in  philosophies   inhibit  a  healthy  learning                                                              
     environment.   And,  although   the  regional  school   board                                                              
     provided documentation  that it had approved  the statutorily                                                              
     required  school disciplinary  school  safety program,  there                                                              
     was  no  evidence of  that  in  the community.  That  statute                                                              
     requires  that parents, teachers  and students  be a  part of                                                              
     that program.                                                                                                              
                                                                                                                                
CO-CHAIR GREEN asked if the School  Disciplinary Safety Program is                                                              
an official report that must be submitted  to DOEED, yet DOEED has                                                              
no evidence of one from Kivalina.                                                                                               
                                                                                                                                
COMMISSIONER   HOLLOWAY  explained   the  regional  school   board                                                              
provided DOEED with minutes of a  meeting at which a plan had been                                                              
approved.   She added it  appears that  for 20 years  the Kivalina                                                              
school was a  laissez-faire operation. Then, within  one year came                                                              
a design for high behavioral standards.  It also appears that very                                                              
little work  occurred with the  community to implement  the higher                                                              
behavioral standards.                                                                                                           
                                                                                                                                
REPRESENTATIVE DYSON  asked if the new standards  are unreasonably                                                              
high.                                                                                                                           
                                                                                                                                
COMMISSIONER  HOLLOWAY  said  they  are  not, but  they  are  very                                                              
different and  were implemented immediately without  the necessary                                                              
conversations  and instruction.  She  maintained that  when a  new                                                              
discipline   plan   is   implemented,    instruction   about   the                                                              
consequences  must be  designed.  The  team did  not  find such  a                                                              
design.  The community's  perception  was that  the teachers  were                                                              
being mean  and unreasonable.   To illustrate, she  explained that                                                              
an older lady told  her she had five adopted children  she sent to                                                              
school everyday.  If those  children were  tardy one minute,  they                                                              
were sent home. The older lady questioned  how those children will                                                              
get an education.                                                                                                               
                                                                                                                                
SENATOR PHILLIPS questioned what  is wrong with expecting students                                                              
to show  up to  school on  time and  asked for  an example  of the                                                              
standards under the laissez-faire policy.                                                                                       
                                                                                                                                
COMMISSIONER HOLLOWAY said if, for  20 years, it was acceptable to                                                              
show up a  little late and then  all of a sudden the  hammer comes                                                              
down and the community doesn't understand  why, a miscommunication                                                              
has occurred.  She said  another  example is the  use of  tobacco,                                                              
which is not allowed under the new discipline plan.                                                                             
                                                                                                                                
SENATOR PHILLIPS asked for examples  of the low and high standards                                                              
over the last 20 years.                                                                                                         
                                                                                                                                
2:01 p.m.                                                                                                                       
                                                                                                                                
COMMISSIONER HOLLOWAY  noted that students  could walk out  of the                                                              
classroom and  be tardy  from class to  class. She felt  that most                                                              
people would  find that the new  rules require behavior  that most                                                              
parents  want.  However, had  the  implementation  been done  with                                                              
thoughtfulness,  involvement  and   instruction,  the  clash  that                                                              
occurred would not have happened.                                                                                               
                                                                                                                                
REPRESENTATIVE CISSNA asked what  training the teachers were given                                                              
to prepare the community.                                                                                                       
                                                                                                                                
COMMISSIONER  HOLLOWAY  said  the  fact-finding  team  found  very                                                              
little evidence of professional development  or preparation of the                                                              
new teachers.  One agenda was presented  to the new  teachers that                                                              
did not contain  quality professional development  information. In                                                              
addition, the  district office  did not appear  to offer a  lot of                                                              
support to the local school.                                                                                                    
                                                                                                                                
CO-CHAIR  GREEN  asked  members  to  hold  their  questions  until                                                              
Commissioner Holloway finished her report.                                                                                      
                                                                                                                                
COMMISSIONER  HOLLOWAY  said on  page  10, the  fact-finding  team                                                              
listed the  resources available to  the community and  the school.                                                              
Pages 11  and 12  contain a list  of the  facts discovered  by the                                                              
team.  She then called members' attention  to a bullet on page 13,                                                              
which says there is no full-time  on-site VPO or VPSO in Kivalina.                                                              
She said  Alaska State  Trooper Andy  Greenstreet is working  very                                                              
hard to correct  some misinformation that was  originally given to                                                              
the staff  about what constitutes  an assault.  He  is encouraging                                                              
staff to identify and report those incidents immediately.                                                                       
                                                                                                                                
COMMISSIONER  HOLLOWAY directed  members  to the  fifth bullet  on                                                              
page 13, which  says "The NWABSD administration  has developed and                                                              
is beginning initial  implementation of a plan  that addresses the                                                              
safety and  educational challenges  at the McQueen  School..." but                                                              
when she  and Mr. Rose presented  the report to the  community and                                                              
school staff, no one had ever heard of a plan.                                                                                  
                                                                                                                                
COMMISSIONER HOLLOWAY pointed out  (page 14) that the fact-finding                                                              
team  found the  re-opening  of the  school  to  be orderly,  well                                                              
planned  and  safe.  However, within  six  days,  threatening  and                                                              
disruptive  behavior was  reported. When  the school re-opened,  a                                                              
security officer was hired to be on-site.                                                                                       
                                                                                                                                
COMMISSIONER  HOLLOWAY   referred  to  the  section   on  page  15                                                              
entitled, The  Issues Surrounding  the Closure of  McQueen School,                                                            
and read:                                                                                                                       
                                                                                                                                
     Many   parents    and   community   members    expressed                                                                   
     surprisingly low  levels of concern when  informed about                                                                   
     McQueen  School's low student  achievement test  scores.                                                                   
     Both interesting and troubling  is the fact that parents                                                                   
     and  community   members  expressed  more   concern  and                                                                   
     dissatisfaction   with   what    they   perceived   were                                                                   
     unrealistic  discipline policies  and excessively  harsh                                                                   
     enforcement  of  those  policies  than  they  did  about                                                                   
     student  achievement.  This  deep-rooted  cross-cultural                                                                   
     challenge may best be summed  up by a Kivalina student's                                                                   
     comment  to  a  fact-finding   team  member,  'We  don't                                                                   
     understand  white people  - they don't  understand us  -                                                                   
     they get threatened easily.'                                                                                               
                                                                                                                                
COMMISSIONER HOLLOWAY  said that  passage disturbed her  more than                                                              
anything else in  the report. When she visited  Kivalina, she made                                                              
a point of sharing her concern about  that comment with individual                                                              
members of the community and asked  if they agreed with it. In her                                                              
31 years  in rural Alaska, one  consistency she has found  is that                                                              
families may  not fully understand  what school is all  about, but                                                              
they want  the very best education  for their children and  see it                                                              
as important. The community members  she interacted with expressed                                                              
that same view.                                                                                                                 
                                                                                                                                
She  then pointed  out  the team  found  that  the McQueen  School                                                              
Advisory School  board did  not meet regularly  or take  an active                                                              
role in  guiding the  school program and  was unable  to determine                                                              
whether  that  is a  school  leadership  or community  issue.  She                                                              
indicated  that two  advisory school  board  members attended  the                                                              
meeting when she and Mr. Rose presented the report.                                                                             
                                                                                                                                
COMMISSIONER HOLLOWAY read two bullets from page 16:                                                                            
                                                                                                                                
     Members   of  the   Kivalina   community  members   were                                                                   
     convinced that  outside educators do not  understand the                                                                   
     Inupiat  culture  and,  consequently,   have  difficulty                                                                   
     interacting  appropriately  with students,  parents  and                                                                   
     community members. Team members  believe this encourages                                                                   
     students  to interact negatively  with the new  teachers                                                                   
     and principals.                                                                                                            
                                                                                                                                
     The  fact-finding  team heard  many comments  from  both                                                                   
     within and  outside of the Kivalina community  asserting                                                                   
     that  long-standing  conflicts  within factions  of  the                                                                   
     Kivalina  community hindered  school efforts to  promote                                                                   
     cooperative  initiatives that  promised  to improve  the                                                                   
     McQueen School program.                                                                                                    
                                                                                                                                
She stated  that many  folks described  to her a  "Hatfield-McCoy"                                                              
situation.  In addition,  a few  staff  members have  been at  the                                                              
school for  a very long  time - 12  years. There is  some internal                                                              
conflict  within the  school as new  teachers  try to implement  a                                                              
standards-based program and higher  academic standards. She likens                                                              
the situation to  one in which new teachers come  to a school full                                                              
of hope  and positive  energy and  are told to  not work  so hard.                                                              
She noted  that she worked with  two of the veteran  teachers from                                                              
Kivalina who told  her there is not enough for young  people to do                                                              
in  the  village.  The  new  teachers   are  getting  involved  in                                                              
providing new activities that parents are viewing positively.                                                                   
                                                                                                                                
COMMISSIONER HOLLOWAY referred to page 17 and read:                                                                             
                                                                                                                                
     There  was a  perception among  some Kivalina  community                                                                   
     members  and  others  throughout  the  Northwest  Arctic                                                                   
     region  that Kivalina  did not have  equal influence  on                                                                   
     the Northwest Arctic Borough School Board.                                                                                 
                                                                                                                                
She noted  that one  member of that  board represents  both Noatak                                                              
and Kivalina. She then explained  that page 18 contains a positive                                                              
snapshot of  the good things that  are happening in  Kivalina that                                                              
can be taken  advantage of.  Mr.  Rose told the community  that it                                                              
must  take this  opportunity  or,  ultimately, it  will  surrender                                                              
local control over its school.                                                                                                  
                                                                                                                                
COMMISSIONER HOLLOWAY said, regarding  the recommendations made to                                                              
the  NWABSD, the  team felt  the board  needed to  put together  a                                                              
small but  very intense  group of people  from the region  who are                                                              
honest and  have the best interest  of students at heart  to begin                                                              
to work  with the community on  two primary objectives.  The first                                                              
objective is  to address the immediate  issues that led  up to the                                                              
closing of the  school, which are primarily behavioral  and safety                                                              
issues.  The second objective is  to get an outside expert to work                                                              
with the community  and school and guiding team to  develop a true                                                              
plan  that is  a shared  mission  and understanding  of what  that                                                              
school is about.                                                                                                                
                                                                                                                                
COMMISSIONER HOLLOWAY cautioned that  this issue is not just about                                                              
Kivalina  or the  NWABSD.  This is  about  the  efficacy of  rural                                                              
education in  Alaska. The team  asked the district  administration                                                              
to report a  budget for the McQueen  School and was told  that its                                                              
budget methods differ. The team estimated  the McQueen School is a                                                              
$1.2  to $1.5  million  operation. Mr.  Rose  addressed the  cost-                                                              
benefit analysis and  how important it is in light  of the state's                                                              
fiscal realities, to show real results  for the investment made in                                                              
all  schools.  The team  emphasized  to  the  group that  what  it                                                              
decides to do next is much bigger than just one school.                                                                         
                                                                                                                                
COMMISSIONER HOLLOWAY  then addressed  the summary section  of the                                                              
report (page 20) and read:                                                                                                      
                                                                                                                                
     In   general,  members   of   the  Fact   Finding   team                                                                   
     appreciated  the openness  and cooperation  demonstrated                                                                   
     by  the   majority  of  teachers,  administrators,   and                                                                   
     community  members during the  team's visit to  Kivalina                                                                   
     and the NWABSD.                                                                                                            
                                                                                                                                
     Ultimately,  the closure  of the  McQueen School,  which                                                                   
     has   heightened  community,   regional  and   statewide                                                                   
     awareness, presents  Kivalina with a unique  opportunity                                                                   
     to  face  issues  that  have   long  been  ignored.  All                                                                   
     concerned have  an opportunity to  do what is  right for                                                                   
     students.                                                                                                                  
                                                                                                                                
     The Fact  Finding team is  concerned that if  the NWABSD                                                                   
     school  board does  not  immediately  move forward  with                                                                   
     significant systemic school  improvement initiatives led                                                                   
     by  a united team  of educators,  parents and  community                                                                   
     members, the  future of McQueen School and  its students                                                                   
     will be in jeopardy.                                                                                                       
                                                                                                                                
     State  law recognizes  the NWABSD  School  Board as  the                                                                   
     governing  body of  the district's  schools. This  means                                                                   
     the  NWABSD  School  Board has  the  authority  and  the                                                                   
     responsibility to  make sure that students  are learning                                                                   
     in a safe and supportive environment.                                                                                      
                                                                                                                                
     Evidence clearly indicates that  Kivalina's students are                                                                   
     not  currently presented  with  an opportunity  to  meet                                                                   
     State of Alaska  Content and Performance Standards  in a                                                                   
     safe,  supportive  environment due  to  a long  list  of                                                                   
     reasons and this needs to change.                                                                                          
                                                                                                                                
     If  the  School  Board  does  not  act  immediately  and                                                                   
     decisively, this  Fact Finding Team recommends  that the                                                                   
     State  of Alaska  consider  direct intervention  in  the                                                                   
     operation of McQueen School.                                                                                               
                                                                                                                                
     Each team  member firmly believes  Kivalina can  have an                                                                   
     effective school  where children are learning,  teachers                                                                   
     and students  are safe,  and of  which the community  is                                                                   
     deeply proud.                                                                                                              
                                                                                                                                
     At  this point,  the future  success  of McQueen  School                                                                   
     depends  more on  the  behavior of  adults  than on  the                                                                   
     behavior of children. The challenge is clear.                                                                              
                                                                                                                                
CO-CHAIR GREEN said she would ask  Mr. Godfrey to testify next and                                                              
then  like   to  divide  the   committee  discussion   into  three                                                              
categories: rehashing  what happened  and why; the  current status                                                              
and  what   needs  to   be  done  around   the  state;   and  what                                                              
responsibility  belongs to the  legislature, DOEED,  the district,                                                              
community and parents. She noted  that people in Juneau are asking                                                              
some very  tough questions  and she wants  the people  of Kivalina                                                              
and in other areas of the state with  schools that are approaching                                                              
dysfunction,  to  know there  will  be tremendous  oversight.  She                                                              
wants everyone  to understand  that this  legislature is  ready to                                                              
respond and that  it does not have to be involved  in financing an                                                              
education system  that has failed.   She said that is  her opinion                                                              
but believes  many others  agree.  She then asked  Mr. Godfrey  to                                                              
discuss the need for a VPSO or state trooper in Kivalina.                                                                       
                                                                                                                                
COMMISSIONER  GLENN GODFREY,  Department of  Public Safety  (DPS),                                                              
first  thanked  Commissioner  Holloway  for her  efforts  to  have                                                              
Trooper Greenstreet  be part of  the fact-finding team.  DPS wants                                                              
to do  anything it can  to assist in  this endeavor.  He explained                                                              
that  a  VPSO position  in  Kivalina  is  vacant and  that  active                                                              
recruitment  is underway.  Kivalina has  a public safety  facility                                                              
that is rundown.  It has been difficult to fill  that position and                                                              
it appears that housing is a serious issue.                                                                                     
                                                                                                                                
CO-CHAIR GREEN asked him to review the recruitment process.                                                                     
                                                                                                                                
COMMISSIONER  GODFREY  said that  the  VPSO is  an  employee of  a                                                              
Native  non-profit  corporation  in  Kotzebue.  The  Alaska  State                                                              
Troopers  and non-profit  corporation  work  together to  actively                                                              
recruit for  that position. They try  to find someone who  will be                                                              
acceptable  to the community  and  can work in  the community.  It                                                              
appears that no one living in Kivalina  at this time is willing or                                                              
able  to  fill  that  position  so   recruitment  outside  of  the                                                              
community is taking place.                                                                                                      
                                                                                                                                
CO-CHAIR GREEN asked  if she could have found  that vacancy posted                                                              
on the Internet for the past year.                                                                                              
                                                                                                                                
COMMISSIONER GODFREY  said he would  hope so but could  not verify                                                              
that. Active  recruitment is done  by the non-profit  corporation.                                                              
The Troopers are involved because of their statewide contacts.                                                                  
                                                                                                                                
CO-CHAIR GREEN asked if he received  any phone calls prior to this                                                              
incident asking for a VPSO sooner rather than later.                                                                            
                                                                                                                                
COMMISSIONER  GODFREY said  he does  not recall  a flood of  phone                                                              
calls coming out of Kivalina prior to this incident.                                                                            
                                                                                                                                
2:20 p.m.                                                                                                                       
                                                                                                                                
SENATOR WARD  said, to  his understanding,  Maniilaq has  had that                                                              
vacancy posted for the last year.                                                                                               
                                                                                                                                
SENATOR  DAVIS  asked  whether  names   have  been  submitted  and                                                              
rejected or whether no applicants have applied.                                                                                 
                                                                                                                                
COMMISSIONER  GODFREY explained  that  applications are  submitted                                                              
directly to Maniilaq.  If acceptable, the State  Troopers would do                                                              
a background investigation.  Then, Maniilaq and  the village would                                                              
decide  whether to  hire that  particular individual.  He said  he                                                              
does not have a list of applicants  or know whether any background                                                              
checks were done.                                                                                                               
                                                                                                                                
SENATOR DAVIS asked Commissioner  Godfrey to provide her with that                                                              
information  because she  would like  to  know whether  everything                                                              
possible was done first to find someone from within the village.                                                                
                                                                                                                                
COMMISSIONER GODFREY said he could provide that information.                                                                    
                                                                                                                                
CO-CHAIR  TORGERSON asked  about the hiring  timeline and  whether                                                              
there is a contingency plan.                                                                                                    
                                                                                                                                
COMMISSIONER  GODFREY   told  members  that  DPS  has   a  lot  of                                                              
flexibility with  regard to hiring  timelines in rural  Alaska. It                                                              
is his  understanding  that position  has been  vacant for  a long                                                              
time.                                                                                                                           
                                                                                                                                
CO-CHAIR TORGERSON responded that  Kivalina is a village in crisis                                                              
and DPS  must do something,  maybe move  a State Trooper  into the                                                              
area. He asked what the plan is.                                                                                                
                                                                                                                                
COMMISSIONER  GODFREY  said  DPS   has  increased  its  visits  to                                                              
Kivalina and  Larry Wallace has been  hired as a  security officer                                                              
at the  school. Mr. Wallace  was the  Chief of Police  in Kotzebue                                                              
and worked for the Kotzebue police  force for a very long time. In                                                              
the meantime, Maniilaq  continues to actively recruit  for a VPSO.                                                              
He noted  that the  same housing  problem would  arise if  a state                                                              
trooper was stationed in Kivalina.                                                                                              
                                                                                                                                
SENATOR WILKEN  asked if state  troopers are directly  responsible                                                              
for  the activities  of  VPSOs in  certain  locations and  whether                                                              
there is a ratio.                                                                                                               
                                                                                                                                
COMMISSIONER  GODFREY  said  each  hub  area  technically  has  an                                                              
oversight trooper who is responsible  for the VPSO program in that                                                              
area. However, the  other troopers, when they  make routine visits                                                              
to the villages, also give the VPSOs  needed support. Depending on                                                              
the  manpower situation,  a rule  of  thumb statewide  is that  an                                                              
oversight  trooper has  control of  about four  to seven VPSOs  at                                                              
this time.                                                                                                                      
                                                                                                                                
TAPE 02-24, SIDE B                                                                                                              
                                                                                                                                
COMMISSIONER  GODFREY said  he tries  to  keep the  ratio down  to                                                              
three to five VPSOs per oversight trooper.                                                                                      
                                                                                                                                
SENATOR WILKEN maintained that a  VPSO knows exactly which trooper                                                              
to call anytime he or she needs further assistance.                                                                             
                                                                                                                                
COMMISSIONER GODFREY replied:                                                                                                   
                                                                                                                                
     Absolutely.  We  found,  throughout  the  several  years                                                                   
     we've been  involved in the  program, that's  very, very                                                                   
     critical  and, in  the past,  when that  did not  occur,                                                                   
     that caused some  real concerns for us and  was a direct                                                                   
     impact on  the turnover in  the program. The  VPSOs have                                                                   
     sent us a strong message that  they expect and want that                                                                   
     contact 24  hours a day, seven  days a week if  the need                                                                   
     arises and  we do the  best we can  in giving  them that                                                                   
     support that they do need.                                                                                                 
                                                                                                                                
REPRESENTATIVE CISSNA  asked what crises  DPS has had in  the past                                                              
that come near the level of the crisis in Kivalina.                                                                             
                                                                                                                                
COMMISSIONER GODFREY  said Kivalina, in and of itself,  is not one                                                              
of the  villages that the  troopers get  the most calls  about. It                                                              
may fall  in the middle of  the pack regarding the  calls serviced                                                              
out of  Kotzebue.  He  said he cannot  recall an incident  of that                                                              
has come to the level of requiring  trooper involvement in closing                                                              
a school in recent history.                                                                                                     
                                                                                                                                
REPRESENTATIVE  CISSNA  said  it   seems  that  this  incident  is                                                              
unprecedented  and that  sending in outside  assistance might  not                                                              
help yet a safety backup is necessary.  She said it might be close                                                              
to impossible to hire someone to do that right now.                                                                             
                                                                                                                                
COMMISSIONER  GODFREY said  on a  permanent basis,  Representative                                                              
Cissna is correct  in that DPS is having a difficult  time finding                                                              
a  public  safety officer  to  live  in  Kivalina. He  noted  that                                                              
immediately  after the  incident  took place,  DPS rotated  public                                                              
safety officers  into Kivalina and will  continue to do  so in the                                                              
future if  necessary. DPS is keeping  in close contact  with Larry                                                              
Wallace  and  will  continue  to  provide  support  until  a  more                                                              
permanent solution is found.                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  asked Commissioner  Godfrey if it  might be                                                              
advisable to  have two  VPSOs in  that community until  everything                                                              
has settled down.                                                                                                               
                                                                                                                                
COMMISSIONER  GODFREY said that  would be  the ideal situation  in                                                              
every community  in rural Alaska  but that is a  difficult mandate                                                              
when hiring one VPSO has been so difficult.                                                                                     
                                                                                                                                
CO-CHAIR GREEN commented:                                                                                                       
                                                                                                                                
     Thank you Commissioner.  I do want to say,  though, that                                                                   
     I  find  it  very,  very,  very   distressing  when  the                                                                   
     availability of  a VPSO has been there for  a very, very                                                                   
     long time  and, under the  worst of circumstances  we do                                                                   
     not  have to live  in a  lawless manner  in a  community                                                                   
     that does not  happen to have a law  enforcement officer                                                                   
     there and that  we should set aside that  concern if the                                                                   
     regional  council or the  IRA has  not moved forward  to                                                                   
     aggressively  find a VPSO. And  it speaks volumes  to me                                                                   
     that  they  cannot find  someone  in 300  people  that's                                                                   
     willing to take  that job but many people  will be very,                                                                   
     very happy to have an opportunity.                                                                                         
                                                                                                                                
COMMISSIONER  GODFREY  said  it  is  his  understanding  that  the                                                              
Kivalina position  has been advertised statewide  and out-of-state                                                              
so  it  appears   the  non-profit  corporation   is  working  more                                                              
aggressively.  DPS will continue  to work close  with them  to get                                                              
that position filled.                                                                                                           
                                                                                                                                
CO-CHAIR GREEN asked Commissioner  Holloway to review the chain of                                                              
events  that led  up to  the school  closure.  She said  committee                                                              
members are not  concerned about the decision to  close the school                                                              
but she is  concerned that the  gym was reopened in  the following                                                              
days.  She  questioned why the gym  would be open when  the school                                                              
was closed because of the behavior  of students and lack of safety                                                              
and why it was so important to reopen the gym.                                                                                  
                                                                                                                                
COMMISSIONER HOLLOWAY  said she was notified of  the situation the                                                              
day  the  school   was  closed.  She  was  not   involved  in  any                                                              
conversations prior to that decision  although Deputy Commissioner                                                              
McLain may  have spoken  with Charles  Mason. According  to school                                                              
staff and  the community, they were  not involved in  the decision                                                              
to close the school.                                                                                                            
                                                                                                                                
CO-CHAIR  GREEN  asked if  it  was strictly  the  superintendent's                                                              
call.                                                                                                                           
                                                                                                                                
COMMISSIONER HOLLOWAY said that is correct.                                                                                     
                                                                                                                                
CO-CHAIR   GREEN  asked   how  the   superintendent  was   getting                                                              
information that led him to agree to the closure.                                                                               
                                                                                                                                
COMMISSIONER HOLLOWAY said when she  mentioned earlier differences                                                              
in the sequence  of events, she  was initially led to  believe the                                                              
school closure was both a safety  and workforce issue because five                                                              
teachers were leaving. However, according  to the teachers and the                                                              
principal, they  learned of the  school closure through  the news.                                                              
They were  called later  and convened a  meeting with the  CEO who                                                              
asked them if they wanted to stay, be transferred or leave.                                                                     
                                                                                                                                
CO-CHAIR GREEN  asked if Commissioner Holloway believes  that time                                                              
sequence is out of sync.                                                                                                        
                                                                                                                                
COMMISSIONER  HOLLOWAY  said  that  she would  have  involved  the                                                              
principal,  community  and staff  in  the  decision to  close  the                                                              
school.  The community  was outraged  that the  school was  closed                                                              
without any involvement  or notification.  Involving  the advisory                                                              
school board and staff would have been a good idea.                                                                             
                                                                                                                                
CO-CHAIR GREEN  asked what  entity is  comparable to the  advisory                                                              
school board.                                                                                                                   
                                                                                                                                
COMMISSIONER  HOLLOWAY  said it  could  be a  PTA  or an  advisory                                                              
school council. She  then explained that she wrote  two letters to                                                              
CEO Mason. In  the first letter she applauded him  for closing the                                                              
school  if, in  fact,  there was  concern  of  physical harm.  She                                                              
expressed  disappointment that  the situation  was not dealt  with                                                              
earlier, and she felt he needed to  work immediately on a concrete                                                              
plan to secure  safety and reopen the school. She  offered to help                                                              
and  suggested   DOEED  help   recruit  additional   teachers,  if                                                              
necessary, and  provide facilitators and mediators.  In the second                                                              
letter,  she reminded  him  that  each student  has  the right  to                                                              
attend school during  the school term under AS  14.03.080 and that                                                              
he  needed to  begin  to  think about  when  the school  would  be                                                              
reopened. However, she  again said he needed to develop  a plan to                                                              
ensure  the  safety  of  students.  She  noted  that  there  is  a                                                              
difference of  opinion about what  was going on. According  to the                                                              
principal,  nothing  happened in  the  two-week  period after  the                                                              
school  closed.  Five teachers  left  and the  remaining  teachers                                                              
worked on  curriculum materials.  From their perspective,  nothing                                                              
was being done to make changes.                                                                                                 
                                                                                                                                
CO-CHAIR GREEN asked if community meetings occurred.                                                                            
                                                                                                                                
COMMISSIONER HOLLOWAY said a community  meeting was held after the                                                              
school  was  closed.  That meeting  was  videotaped.  During  that                                                              
meeting,  people vented  for four hours.  Her understanding,  from                                                              
Mr. Mason, is  that he was using that time to  extract commitments                                                              
from different  entities in the  community. He wanted  everyone to                                                              
commit to obeying  the rules so he was working  on getting letters                                                              
and resolutions from the Kivalina  tribal council, advisory school                                                              
board, and  other folks.  His first  priority was to get  a safety                                                              
officer in the village, which she  believes was a good one. He was                                                              
able to  get a  safety officer  in the  village before the  school                                                              
reopened. She did  not want him to reopen the school  if he deemed                                                              
if  unsafe, but  she  also did  not  believe it  was  in the  best                                                              
interest of the community to have children running about.                                                                       
                                                                                                                                
2:40 p.m.                                                                                                                       
                                                                                                                                
SENATOR  KELLY  asked  if  the  fact-finding   team  was  able  to                                                              
determine how much of the problem was racially motivated.                                                                       
                                                                                                                                
COMMISSIONER HOLLOWAY said the fact-finding  team did not perceive                                                              
racial conflict to  be part of the problem.  Misunderstanding was,                                                              
as well as  a lack of understanding  by new staff of  the cultural                                                              
mores.                                                                                                                          
                                                                                                                                
SENATOR KELLY asked how many school staff members are Native.                                                                   
                                                                                                                                
COMMISSIONER HOLLOWAY said one teacher is an Alaska Native.                                                                     
                                                                                                                                
SENATOR  KELLY  asked  if  the  team  inquired  about  the  verbal                                                              
assaults on teachers.                                                                                                           
                                                                                                                                
COMMISSIONER HOLLOWAY  said it is her understanding  that the fact                                                              
finding team found  that none of the incidences rose  to the level                                                              
of criminal  activity. Most of  the incidents involved  harassment                                                              
and misbehavior. One  teacher reported to her that  she was hit by                                                              
a student.                                                                                                                      
                                                                                                                                
SENATOR KELLY  asked if  the team  did not  feel that calling  the                                                              
teachers "white  trash" and telling them  to go home did  not have                                                              
racial overtones.                                                                                                               
                                                                                                                                
COMMISSIONER HOLLOWAY said she cannot  speak for the team and does                                                              
not know how it interpreted those comments.                                                                                     
                                                                                                                                
SENATOR KELLY said  it seems to him, from other  reports, that the                                                              
problem was blatantly  racial. He felt the fact that  the team did                                                              
not come to that conclusion makes its report suspect.                                                                           
                                                                                                                                
SENATOR  PHILLIPS commented  that toward  the end of  Commissioner                                                              
Holloway's presentation she mentioned  the NWABSD and that she was                                                              
putting the  blame on the top when  he believes it should  be from                                                              
the bottom-up. He  noted the NWABSD can issue all  kinds of rules,                                                              
regulations  and policies,  but unless  they are  accepted by  the                                                              
students and  community, there is not  much the NWABSD can  do. He                                                              
said the State  of Alaska is paying to educate  those students and                                                              
expects certain  standards to  apply. He  said he doesn't  believe                                                              
the state should  be playing the role of parents  and that certain                                                              
changes must  be made at  the family  level or the  community will                                                              
lose control  of the  school. He  asked if the  team came  up with                                                              
recommendations other than the findings in the report.                                                                          
                                                                                                                                
COMMISSIONER HOLLOWAY said she is  not blaming the district office                                                              
because  communication goes  both ways.  She was  saying the  fact                                                              
finding team  found that  very little  communication was  going in                                                              
any direction.                                                                                                                  
                                                                                                                                
SENATOR PHILLIPS  said the  solution has to  come from  the bottom                                                              
up. He noted  when he and Senator Olson visited  the Arctic Winter                                                              
Games,  they heard  of a  very similar  situation  in the  extreme                                                              
north  of  Saskatchewan  so  Alaska is  not  alone.  He  expressed                                                              
concern that this same situation could occur all over the state.                                                                
                                                                                                                                
COMMISSIONER  HOLLOWAY  commented   that  the  Kivalina  situation                                                              
presents an opportunity  when identifying and  designating schools                                                              
in crisis. What the legislature decides  to do and what it decides                                                              
the state  should do is  very important  for the future.  She said                                                              
she welcomes this opportunity.                                                                                                  
                                                                                                                                
SENATOR WARD  said he helped to  appropriate about $5  million for                                                              
the Kivalina school  about 20 years ago and then  about $1 million                                                              
per  year has  been  appropriated  since that  time.  He asked  if                                                              
students were  not required to show  up for school on time  and no                                                              
disciplinary policy was in place for the last 20 years.                                                                         
                                                                                                                                
COMMISSIONER HOLLOWAY  said she is reporting what was  told to her                                                              
by members of the community. She  does not know whether it is true                                                              
but the perception is that the school  has not had high behavioral                                                              
standards for as long as anyone can remember.                                                                                   
                                                                                                                                
SENATOR  WARD  maintained  that  he  knows  people  that  attended                                                              
McQueen  School and  that was  not  their impression.  He said  he                                                              
never  agreed  with  the  Molly  Hooch  decision,  which  required                                                              
schools to be built  all over the state but he  also does not like                                                              
boarding  schools so  he does  not  have the  answer. However,  he                                                              
believes both of those issues need  to be discussed at this point.                                                              
He maintained:                                                                                                                  
                                                                                                                                
     Parents have  a responsibility to raise a  child and the                                                                   
     parents clearly have some responsibility  in this but if                                                                   
     we for 20  years have not been giving them  the criteria                                                                   
     to go  to school and  become educated and  be productive                                                                   
     members of  the community at  large - all of  Alaska and                                                                   
     the  United  States, then  we  have  raised a  group  of                                                                   
     people not to know how to assimilate  into this society.                                                                   
     So  we  bear responsibility  and  clearly  throwing  $25                                                                   
     million  at it  certainly isn't  helping whatsoever.  My                                                                   
     question  is, first  off I  don't agree  that it's  been                                                                   
     going on  for 20 years. I  think they probably  have had                                                                   
     this problem  for about five  years now - it's  about 10                                                                   
     percent of  the population that  have been running  wild                                                                   
     in that  school district  and getting  away with it.  If                                                                   
     that happened in Nikiski, Alaska,  that 10 percent would                                                                   
     get  thrown out  on their ear.  It's just  as simple  as                                                                   
     that. The  troublemakers would be gone and  enabling the                                                                   
     troublemakers to  stay there and empowering them  - if I                                                                   
     was in that  school and I saw the troublemakers  getting                                                                   
     away  with  something, then  instead  of 10  percent  it                                                                   
     would become  11 percent because  I probably  would join                                                                   
     in.                                                                                                                        
                                                                                                                                
     The comments that the Senator  from Fairbanks made about                                                                   
     it  being racial  -  you know  I fully  understand  that                                                                   
     there is racial overtones. Most  of the people that come                                                                   
     into these small  communities - they are  not Native and                                                                   
     that's  where we have  somewhat of  a responsibility  to                                                                   
     try to  recruit more educators  but I can't  ever recall                                                                   
     in  the public  school  system  that I  grew  up in  one                                                                   
     Native educator  - not one.  I seem to have  got through                                                                   
     it  okay.  My question  is  -  back  and forth  in  this                                                                   
     discussion  now,   what  is  exactly  your   opinion  as                                                                   
     Commissioner  of   Education,  on  the  picture   of  us                                                                   
     supplying  the proper  education to  these kids  because                                                                   
     about 80  percent of these  students didn't  do anything                                                                   
     wrong  and they  are  being punished  now  and they  are                                                                   
     being  punished because parents  - and  this is not  the                                                                   
     education  system  and it's  certainly  not the  funding                                                                   
     mechanism  of  this  body.  The  parents,  for  whatever                                                                   
     reason, of that 10 or 20 percent  have not performed the                                                                   
     discipline  things that they  need and  for that we  now                                                                   
     have some  other children at  risk. So is the  answer to                                                                   
     start back into  a boarding school situation  so that we                                                                   
     can centralize and demand discipline  or is it to try to                                                                   
     build  bigger and  more gymnasiums  and high schools  in                                                                   
     every little village?  By the way, do you  know how long                                                                   
     this community has been in existence?                                                                                      
                                                                                                                                
REPRESENTATIVE  JOULE said  it was  probably  incorporated in  the                                                              
late 1800s  or early 1900s  but there  have always been  people in                                                              
the area.                                                                                                                       
                                                                                                                                
SENATOR  WARD agreed but  said until  government started  spending                                                              
some of  its billions  of dollars  of oil wealth,  a lot  of these                                                              
communities  looked different  until they  were cemented  into one                                                              
location. He  is not saying  that was the  wrong thing to  do, but                                                              
questioned whether  government is trapping  people in a  cycle. He                                                              
expressed concern  that students  are being trained  to go  to the                                                              
University  when  many  should be  trained  to  attend  vocational                                                              
school.  He asked  what  DOEED is  looking  at for  the long  term                                                              
regarding the best way to deliver education.                                                                                    
                                                                                                                                
REPRESENTATIVE  JOULE noted the  oil money  did not start  flowing                                                              
until the 1970s and his grandfather  taught school in the 1920s so                                                              
the village has been there a long  time. Regarding the issues that                                                              
Senator Ward  raised regarding who to  blame and where we  go from                                                              
here,  the NWABSD  board has  met for  the last few  days and  CEO                                                              
Mason can address where the district is headed.                                                                                 
                                                                                                                                
SENATOR  OLSON  agreed  that  a  minority  of  students  is  being                                                              
disruptive and that certainly the  sentiment of the school and the                                                              
community is  that they  do put a value  on education.  The school                                                              
was given  the name McQueen School  after a principal  teacher who                                                              
was very  well liked by  the community.  In addition, in  spite of                                                              
what  may appear  on the  surface, many  successful students  come                                                              
from small rural communities.                                                                                                   
                                                                                                                                
CO-CHAIR GREEN told  members she would like to now  give CEO Mason                                                              
the  opportunity  to  speak  and she  reminded  members  that  the                                                              
committee must discuss the timeliness  of benchmark and graduating                                                              
exams, school  designators and  professional standards.  Had those                                                              
requirements not been  in place, DOEED would not  have some of the                                                              
quantifiable information  it has. The problems in  Kivalina can be                                                              
blamed  on  any   or  everyone  but  the  legislature   and  state                                                              
department officials cannot let students  down. She said she joins                                                              
Senator  Kelly's  concern  about   racism,  however  she  is  more                                                              
concerned  about a  total  lack of  respect  on the  part of  some                                                              
people.                                                                                                                         
                                                                                                                                
MR. CHARLES  MASON, CEO  of the  NWABSD, said  that he took  notes                                                              
while Commissioner  Holloway was speaking  and wanted to  clear up                                                              
some incomplete  information. He  said in  his opinion,  the focus                                                              
should  be  on  responsibility.  He  stated  that  one  conclusion                                                              
reached  at yesterday's  NWABSD's  board  meeting  was that  Mayor                                                              
Schaefer and,  hopefully, a pastor  from Kivalina will  visit each                                                              
home  in Kivalina  next week  and  try to  get as  many people  to                                                              
attend the  advisory school board  meeting as possible.  They need                                                              
to impress on everyone the importance  of this issue. It will take                                                              
an effort  by someone from outside  of the school district  to get                                                              
the ball rolling at this point in time.                                                                                         
                                                                                                                                
CO-CHAIR GREEN asked  how that comports with Mr.  Rose's letter to                                                              
Commissioner Holloway  (dated April 1, 2002) that  says the NWABSD                                                              
is the  sole entity  with the responsibility  and authority  under                                                              
Alaska law to  incorporate the recommendations in  the report. She                                                              
asked if the  NWABSD will oversee and coordinate  all efforts with                                                              
Maniilaq, Mayor Schaeffer and NANA.                                                                                             
                                                                                                                                
CEO MASON said it will take a joint  effort with all the resources                                                              
the NWABSD can pull together to make this work.                                                                                 
                                                                                                                                
CO-CHAIR GREEN  repeated that the  letter says it is  the NWABSD's                                                              
responsibility and asked  if he will be taking  over the authority                                                              
for the group that oversees and begins to do the work.                                                                          
                                                                                                                                
CEO MASON said  the NWABSD will take  that over but is  looking to                                                              
others  for help and  assistance.  He then asked  to clarify  some                                                              
comments made previously and said:                                                                                              
                                                                                                                                
     Our  budget  at  Kivalina  -  $1,361,250  -  that  means                                                                   
     nothing  as far  as  how it  develops  by  money if  you                                                                   
     follow the  formula. That's simply  what it costs  us to                                                                   
     run  that with  our staffing  formula and  discretionary                                                                   
     dollar   formula   but   that   school   does   generate                                                                   
     approximately that much money.  If anybody answered that                                                                   
     question,  that's not  the way  we do  a budget,  that's                                                                   
     because  what we  have at the  sites is  only the  money                                                                   
     they  can spend  under discretionary  dollars. We  don't                                                                   
     worry at the  local site with what personnel  costs are.                                                                   
     That's  our district that  does that  and we staff  that                                                                   
     based on  a formula. We  talked about staff  development                                                                   
     earlier, the school district has ...                                                                                       
                                                                                                                                
CO-CHAIR GREEN interjected  to asked if he is  saying that someone                                                              
at the school, rather than the district,  was asked that question.                                                              
                                                                                                                                
CEO MASON said he doesn't know who was asked that question.                                                                     
                                                                                                                                
COMMISSIONER  HOLLOWAY said  her understanding  is that Carl  Rose                                                              
asked district personnel for the  budget and was told that was not                                                              
the way the NWABSD did its budget.                                                                                              
                                                                                                                                
CEO MASON  said he can't  answer that  question except to  say the                                                              
team  was   visiting  at  a  time   when  he  and   the  assistant                                                              
superintendent  were there but  the school was  on vacation  so he                                                              
does not  know who would have  been asked. He then  explained that                                                              
teachers  are hired  for 190  days, many  of which  are for  staff                                                              
development. The school calendar  contains 181 school days. During                                                              
the  first  week of  school,  almost  a  full  day is  devoted  to                                                              
cultural related  activities for  new teachers. The  district also                                                              
spends  a  large  amount  of  time  reviewing  the  standards  and                                                              
assessments in early August. The  district has purchased materials                                                              
in recent  years and  has a  math and  language arts program  that                                                              
follows the state standards.                                                                                                    
                                                                                                                                
CO-CHAIR GREEN  asked CEO Mason to  send her a copy of  the school                                                              
calendar and materials used.                                                                                                    
                                                                                                                                
CEO  MASON said  he can  make that  available. He  noted that  the                                                              
district has  12 different  calendars - one  for each  school, and                                                              
that the  district uses  the same curriculum  for all  schools. He                                                              
repeated that  the district  has worked very  hard on  that during                                                              
the last three  years. He then stated that, regarding  the comment                                                              
that nothing took place for two weeks  after the school shut down,                                                              
which  is absolutely  incorrect.  On  the Tuesday,  Wednesday  and                                                              
Thursday of  the first week, students  in grades 3, 6,  and 8 were                                                              
given the benchmark  exam and high school students  were given the                                                              
qualifying  exam.   On  the   following  Tuesday,  Wednesday   and                                                              
Thursday, students  in off grades  were given the Terra  Nova test                                                              
using available  staff. Central  office staff  was busy  trying to                                                              
find replacement staff.                                                                                                         
                                                                                                                                
3:10 p.m.                                                                                                                       
                                                                                                                                
CO-CHAIR  GREEN asked  if  she would  see  any  difference if  she                                                              
compared  the scores  from this  year's  tests to  the last  three                                                              
years.                                                                                                                          
                                                                                                                                
CEO MASON  said the  district has been  working in that  direction                                                              
and would hope so. He commented that  he has seen a big difference                                                              
in scores at  the third grade level. The district  has been trying                                                              
to build this program by addressing  it bottom up. It is difficult                                                              
and unproductive  long term  to try to  get anything  addressed at                                                              
     ththth                                                                                                                     
the 9, 10, and 11 grade levels.                                                                                                 
                                                                                                                                
CEO  MASON  asked  to comment  on  the  students  with  behavioral                                                              
problems.  He told  members  that two  high  school students  were                                                              
expelled last  year by the  school board.  This year four  or five                                                              
middle grade students  were given 20-day suspensions,  the maximum                                                              
allowable before an expulsion. One  of those students was expelled                                                              
at the March board meeting.                                                                                                     
                                                                                                                                
SENATOR WARD  noted CEO  Mason has a  very difficult job.  He then                                                              
asked  if the  group, including  the  Mayor and  the pastor,  will                                                              
visit individual homes and talk with parents.                                                                                   
                                                                                                                                
CEO MASON said that is his wish.                                                                                                
                                                                                                                                
SENATOR WARD said  he believes that will prove to  be a good model                                                              
because he suspects many parents  do not feel empowered to control                                                              
the school,  while a  small group  was leading  the school  in the                                                              
wrong direction.  He said if that  is the case, he would  like the                                                              
district  to  figure out  how  that  parental involvement  can  be                                                              
applied to other places.                                                                                                        
                                                                                                                                
CO-CHAIR  GREEN  acknowledged  the   presence  of  Representatives                                                              
Cissna, Dyson, Joule and Senator Olson.                                                                                         
                                                                                                                                
CO-CHAIR GREEN  asked Commissioner Holloway  what kind of  team or                                                              
person will go  in Kivalina to follow-up and let  people know just                                                              
how serious  this incident  is. She  also expressed concern  about                                                              
the  federal Elementary  and Secondary  Education  Act (ESEA)  and                                                              
asked if  the state will  be doing the  exact reverse of  what the                                                              
legislature intended  so that a school  in distress will  get more                                                              
money. She asked where a school,  such as the McQueen School, will                                                              
fall within the spectrum of ESEA.                                                                                               
                                                                                                                                
COMMISSIONER HOLLOWAY said DOEED  has a lot to do to get ready for                                                              
ESEA. It has  to talk about where  the McQueen School fits  in the                                                              
ESEA scenario. She thanked Mr. Mason  and the board for the strong                                                              
leadership role  it has taken. She  then said that the  report she                                                              
received about the two weeks immediately  after the school closure                                                              
did not have to do with the assessments  given to students, it had                                                              
to do  with a  lack of actions  taken to  bring the community  and                                                              
school  together.  She stated  the  Alaska Association  of  School                                                              
Boards has  offered to  provide training  and facilitation.  DOEED                                                              
has  offered to  provide technical  support  and has  worked on  a                                                              
graph outline  of follow-up  procedures for  DOEED and  contains a                                                              
plan for  what will  be done  if nothing  happens. DOEED  has been                                                              
thinking through  this process because  it sees it as  a precursor                                                              
to the  conversation about  school designation.  DOEED is  already                                                              
looking at  a compliance review in  relationship to the  state and                                                              
federal  plans  for  school  improvement,  safety,  and  community                                                              
involvement.  DOEED  will send  a  notice to  the  NWABSD and  the                                                              
regional  board  in   terms  of  where  they  are   in  regard  to                                                              
compliance. DOEED  will then explore some contract  or cooperative                                                              
agreements  in  which it  might  provide advisory  and  consultant                                                              
services in  partnership with the  Kivalina school  district. That                                                              
model is based on work done with Ketchikan.                                                                                     
                                                                                                                                
TAPE 02-25, SIDE A                                                                                                              
                                                                                                                                
COMMISSIONER  HOLLOWAY noted  the  district may  want to  contract                                                              
with private  organizations, which is perfectly  acceptable. DOEED                                                              
is  recommending that  it seek  support  from a  lot of  different                                                              
entities and it has already taken  that action. She said DOEED has                                                              
also outlined  more serious  steps that it  might want  to explore                                                              
for future schools in crisis. She  thanked members for their time.                                                              
                                                                                                                                
CO-CHAIR  GREEN   asked  Commissioner  Holloway  to   provide  the                                                              
committee with  an outline  of who is  responsible for  what under                                                              
Alaska's Constitution and statutes.   Her second request has to do                                                              
with FERPA.  She would still like to  find a way to get  access to                                                              
information without  violating anyone's privacy. The  state has to                                                              
figure out how to get information  out, otherwise all of the grief                                                              
the  legislature went  through when  implementing the  requirement                                                              
for a high school  graduation exam was worthless.  She pointed out                                                              
that some  states have been  granted a  waiver from FERPA  or have                                                              
found a way to  exchange information but not publish  it. She said                                                              
the committee  needs the  ethnic comparisons  statewide and  would                                                              
alike  to know  what  other areas  of  the state  the  legislature                                                              
should be concerned about - schools  that may not have reached the                                                              
same  level  as the  McQueen  School.    She  wants to  know  with                                                              
absolute certainty  that between now  and 2005 the  legislature is                                                              
getting information  about schools in crisis so there  are no more                                                              
surprises.                                                                                                                      
                                                                                                                                
COMMISSIONER  HOLLOWAY  responded that  DOEED  has  wanted to  put                                                              
together a prevention and crisis  team and has asked for money for                                                              
the Alaska  Center for  Student Excellence  for that purpose.  She                                                              
would like  to see districts  be comfortable  enough right  now to                                                              
call  DOEED and  ask for help  or an  audit. Then,  DOEED needs  a                                                              
crisis team that  is ready to go if a situation  arises similar to                                                              
Kivalina.                                                                                                                       
                                                                                                                                
REPRESENTATIVE DYSON  said his reading of all  of paperwork placed                                                              
in front  of him shows that  the local, Native teachers  were also                                                              
treated  with disrespect.  That flies  in the  face of the  belief                                                              
that the  problem is a racial  one. He stated he  was disappointed                                                              
that the school  did not follow the state law that  requires it to                                                              
go through a  process with the community to  establish agreed-upon                                                              
behavior and  safety standards,  and he  was disappointed  to find                                                              
that was not in the report until  Mr. Rose talked to his staff. He                                                              
didn't think  the team considered that  as a factor, and  he looks                                                              
forward to DOEED writing regulations  to enforce that requirement.                                                              
He then referred  to page 20,  and said that the  discussion about                                                              
the  solution   refers  to   "educators,  parents  and   community                                                              
members."  He  believes the  order  is  wrong and  that  educators                                                              
should be  last. He then  asked Commissioner Holloway  to consider                                                              
two questions before the next meeting,  the first being how to get                                                              
community buy-in for these schools  so that communities understand                                                              
the  school is  theirs. The  second question  is how  to get  more                                                              
responsible and independent school boards.                                                                                      
                                                                                                                                
CO-CHAIR  GREEN  said  she  would like  to  schedule  a  follow-up                                                              
meeting the next week and asked members  to let her know if anyone                                                              
has  questions of  the Commissioner  or  the team  or anyone  else                                                              
involved.                                                                                                                       
                                                                                                                                
SENATOR WARD requested a copy of  Mayor Schaeffer's report when it                                                              
is completed.                                                                                                                   
                                                                                                                                
COMMISSIONER HOLLOWAY  said the entire  fact finding team  is open                                                              
to a discussion.                                                                                                                
                                                                                                                                
CO-CHAIR GREEN then adjourned the meeting at 3:25 p.m.                                                                          

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