02/09/2010 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Presentation on Fairbanks Lbc Annexation | |
| SB109 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 109 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
February 9, 2010
3:31 p.m.
MEMBERS PRESENT
Senator Donald Olson, Chair
Senator Joe Thomas, Vice Chair
Senator Hollis French
Senator Albert Kookesh
Senator Linda Menard
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Paskvan
Representative Guttenberg
COMMITTEE CALENDAR
Presentation on Fairbanks LBC Annexation
HEARD
SENATE BILL NO. 109
"An Act repealing the secondary student competency examination
and related requirements; and providing for an effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 109
SHORT TITLE: REPEAL SECONDARY SCHOOL EXIT EXAM
SPONSOR(s): SENATOR(s) DAVIS
02/17/09 (S) READ THE FIRST TIME - REFERRALS
02/17/09 (S) EDC, CRA, FIN
03/16/09 (S) EDC AT 8:00 AM BELTZ 211
03/16/09 (S) Heard & Held
03/16/09 (S) MINUTE(EDC)
04/01/09 (S) EDC AT 8:00 AM BELTZ 211
04/01/09 (S) Heard & Held
04/01/09 (S) MINUTE(EDC)
10/23/09 (S) EDC AT 3:00 PM Anch LIO Rm 220
10/23/09 (S) Heard & Held
10/23/09 (S) MINUTE(EDC)
01/29/10 (S) EDC AT 8:00 AM FAHRENKAMP 203
01/29/10 (S) Heard & Held
01/29/10 (S) MINUTE(EDC)
02/01/10 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
02/01/10 (S) Moved SB 109 Out of Committee
02/01/10 (S) MINUTE(EDC)
02/03/10 (S) EDC RPT 3DP 1NR
02/03/10 (S) DP: THOMAS, MEYER, DAVIS
02/03/10 (S) NR: OLSON
02/09/10 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
BRENT WILLIAMS, Staff
Local Boundary Commission (LBC)
Department of Commerce, Community and Economic Development
(DCCED)
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
LYNN CHRYSTAL, Commissioner and Chairman
Local Boundary Commission
Department of Commerce, Community and Economic Development
(DCCED)
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
TERRY STRLE, Mayor
City of Fairbanks
Fairbanks, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
LAREN ZAGER, Chief of Police
Fairbanks Police Department (FPD)
Fairbanks, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
VIVIAN STIVER, Council Seat A
City of Fairbanks
Fairbanks, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
LUKE HOPKINS, Mayor
Fairbanks North Star Borough (FNSB)
Fairbanks North Star Borough, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
Cynthia Klepaski, Assistant Borough Attorney
Fairbanks North Star Borough (FNSB)
Fairbanks North Star Borough, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
MICHAEL LAMB, Chief Finance Officer
Fairbanks North Star Borough (FNSB)
Fairbanks North Star Borough, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
BILL SHECHTER, Secretary
University Fire Service Area
Fairbanks, AK
POSITION STATEMENT: Provided information on the Fairbanks
annexation.
TOM OBERMEYER
Aide to Senator Davis
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented SB 109.
SENATOR DAVIS
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 109.
DOUG CONBOY, Superintendent
Kashunamiut School District
Chevak, AK
POSITION STATEMENT: Supported SB 109.
BENJAMIN AGIMUK, student
Kashunamiut School District
Chevak, AK
POSITION STATEMENT: Supported SB 109.
JOHN ALCANTRA, Director of Government Relations
National Education Association (NEA) Alaska
Juneau, AK
POSITION STATEMENT: Supported SB 109.
LES MORSE, Deputy Commissioner
Alaska Department of Education and Early Development (DEED)
Juneau, AK
POSITION STATEMENT: Opposed SB 109.
BENJAMIN ANDERSON AGIMUK, student
Kashunamiut School District
Chevak, AK
POSITION STATEMENT: Supported SB 109.
ACTION NARRATIVE
3:31:47 PM
CHAIR DONALD OLSON called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:31 p.m. Present
at the call to order were Senators Kookesh, French and Olson.
^Presentation on Fairbanks LBC Annexation
Presentation on Fairbanks LBC Annexation
3:32:30 PM
CHAIR OLSON announced the first order of business to be a
presentation on the December 10, 2008 Local Boundary Commission
(LBC) decision.
BRENT WILLIAMS, staff to the LBC, Department of Commerce,
Community and Economic Development (DCCED), said a hearing and
decisional meeting took place in December 2008 and the LBC
approved the City of Fairbanks annexation of two territories:
the Enclave Lots and Fred Meyer Subdivision. He noted that the
Legislature and committee had been provided with the Statement
of Decision and the Statement of Dissent by Commissioner
Harrington.
Senator Menard and Senator Thomas joined the meeting.
MR. WILLIAMS said the decisional statement stands on its own but
he could go through the process if the committee wished.
SENATOR THOMAS said he would like to hear a more detailed
interpretation of Mr. Williams' understanding of the regulations
and said perhaps an opportunity to reconfigure the annexation
exists if some regulations were not considered.
MR. WILLIAMS said the regulations were followed and the
Statement [of Decision] speaks for itself. He asked for
clarification on Senator Thomas' question.
3:36:36 PM
CHAIR OLSON clarified that Senator Thomas is familiar with the
annexation process but would like a recap of the process that
was followed and Mr. William's interpretations.
MR. WILLIAMS replied that he was happy to recap the process;
however, he noted that the LBC interprets regulations, not
staff, and he cannot speak for the LBC.
SENATOR THOMAS said maybe he misunderstood who the witness was.
MR. WILLIAMS clarified that he is a Department of Commerce
employee in the Division of Community and Regional affairs. He
said he is staff to the LBC, but is not a commissioner. He said
a decision had been reached at this point and reiterated that
the Statement [of Decision] speaks for itself.
LYNN CHRYSTAL, Commissioner and Chairman of the Local Boundary
Commission, said a lawsuit had been filed on behalf of the
Borough of Fairbanks so he could not go into detail beyond the
decisional statement.
SENATOR THOMAS said regardless of the amount of notices made and
opportunities to testify, this case produced many concerns
during and after the fact. He suggested the possibility that not
enough information was made available about the process and the
role of the Legislature. He asked Commissioner Chrystal to
elaborate on the process that was followed, the important points
and the theory behind the Commission's actions.
MR. CHRYSTAL said the LBC is a five-person committee selected
from throughout the state. The committee's main function is to
act as the local boundary commission with advice and guidance
from staff and the Attorney General's (AG) office. He explained
that when a petition is filed with the commission, the staff
people go through weeks or months of research using state laws,
regulations, by-laws, etc, and make a recommendation to the LBC.
In this case, the public hearing was then held in Fairbanks.
3:42:12 PM
MR. CHRYSTAL said the Fairbanks Annexation is contentious; no
matter what is done, someone will be mad. The LBC tries to be as
fair as possible within the law; the commissioners do not have
agendas and are in the LBC as volunteers.
CHAIR OLSON asked to hear some of the historical precedent based
on past cases with similar circumstances.
MR. CHRYSTAL said he has only been on the LBC for three years.
Every commissioner looks at things differently but all try to
abide by the laws and regulations. The commission made a
decision and the Legislature or court system has the power to
override it. To his knowledge, the Legislature has overridden
the LBC in only a few cases and the court system has remanded a
case back to the LBC.
CHAIR OLSON asked if the only two avenues of appeal for an
aggrieved party are through the Legislature or court system.
MR. CHRYSTAL replied yes.
CHAIR OLSON asked how many times those have been successful.
MR. CHRYSTAL said the AG's office might have those records. He
only knows that no appeals have succeeded in the last few years,
though one decision made over two years ago in Ketchikan is
still in the court system.
CHAIR OLSON said every time the LBC makes a decision it goes to
court.
MR. CHRYSTAL said no, a decision in Wrangell was made two years
ago without any suits. The LBC has also dealt with a number of
small issues, such as an annexation of a piece of property with
a sole owner and everyone in agreement. He explained the LBC
does not initiate petitions but tries to do the right thing and
make the right decision. He said only four commissioners voted
on the Fairbanks annexation. Commissioner Wilson from Tok was
recused because his daughter is an attorney for the Borough.
CHAIR OLSON asked if any other Commissioners were in the room.
MR. CHRYSTAL replied that Commissioner John Harrington from
Ketchikan was present.
3:46:12 PM
SENATOR THOMAS asked if LBC's authority in annexation questions
is simply reviewing the annexation proposal or if the LBC has
the option to alter the annexation.
MR. CRYSTAL said yes, LBC could adapt the annexation proposal as
it goes along. He said LBC did that a little bit on the
Ketchikan decision a couple of years ago.
SENATOR THOMAS felt the annexation of the Enclave Lots was more
of a natural, understandable decision but that the Fred Meyer
property was the bigger question. Part of the justification of
this annexation was that the property across the street is
already within city limits. He wondered if the LBC considered
that the entire rest of the street is also across the street
from the city limits.
MR. CHRYSTAL said the LBC was acting on what the City of
Fairbanks presented. He said he was aware that the other
property was right there but did not think about changing
anything. The LBC was just trying to deal with what was in front
of them.
SENATOR THOMAS asked if anyone in the City or Borough or
participants in hearings suggested [that the rest of the street
is also across from city limits].
MR. CHRYSTAL replied not that he recalled.
3:50:09 PM
TERRY STRLE, Mayor of the City of Fairbanks, noted that her
office had provided a fact sheet on the annexation. She
explained that Fairbanks is a city within a borough and has a
long history of annexation. Her predecessor, Mayor Thompson,
looked at several annexation options to expand the city,
including this [Fred Meyer West] annexation. Councilman Roberts
[City of Fairbanks, Seat B], a commercial realtor, became aware
and concerned that Fred Meyers West, as well as Taco Bell and
Mt. McKinley Bank, is perched right on the boundary of the City
of Fairbanks. She said Fairbanks is the commercial hub of the
interior and Fred Meyers West is perched right outside of the
city, yet benefits from city services. She said the area is
already a part of the city. She said that she feels people
should be paying for services that they come in and use every
day, but that the city only has property taxes. She felt that
annexing Fred Meyer West made sense because the city police
provide services on the corner of University and Airport Way
even though they are state maintained roads. She said the police
already investigate crimes at Fred Meyers West because while
troopers are spread across the large Borough, the city police
help the troopers out. She felt it was natural that Fred Meyers
West be part of the city and bet that the majority of Borough
residents think that it already is. She explained that two banks
are in this parcel of land and the city police, with their
technology, are the first responders in the event of a robbery.
MS. STRHL said this annexation has turned into a two-year
process. She and [Councilman] Chad Roberts met with Mayor
Whitaker, who was the [FNSB] mayor at the time, and told him
about their annexation intention. They also met with and hoped
to work with the University Fire Service but it was apparent
early on that no headway would be made. Prior to the council's
passage of the resolution to move forward with the annexation,
all the property owners in Fred Meyers West and the Enclave Lots
were contacted. She had conversations with Mt. McKinley Bank and
Fred Meyers about the annexation. She said Fred Meyers West sent
a letter stating they were not inclined to support the
annexation at that point. Mt. McKinley Bank also did not support
the annexation. However, during the entire LBC process Fred
Meyers, Mt. McKinley Bank and Taco Bell did not make a formal
objection to the annexation in spite of many opportunities to do
so.
3:54:54 PM
MS. STRLE said the city followed LBC's exhaustive process and
she felt a small group of people had caused short term
turbulence for the community. The city continues to move forward
and work with the borough the University Fire Service and state
troopers, such as through joint dispatch.
MS. STRLE said that some people have questioned why the city
started with such a small parcel of land. She explained her
intention was to start with a small area and then look at other
areas. She was wary of looking at something so broad that
providing city services became problematic. She said she will be
putting together a committee to look at further areas that need
to be annexed, such as parcels that are outside of the city but
pay for fire service. She felt the LBC had made the right
decision and encouraged the Legislature's support.
SENATOR THOMAS asked if the people in the areas that were
annexed had petitioned the city.
MS. STRLE answered no.
SENATOR THOMAS asked if Fred Meyer and Mt. McKinley Bank had
indicated that they were not interested in being annexed.
MS. STRLE said yes, prior to the council's passage of the
resolution. She has not had any communication with Fred Meyer or
Mt. McKinley Bank since then.
SENATOR THOMAS asked if any opposition existed within the city
council.
MS. STRLE replied yes and said that two councilmen are not in
support of the annexation because they feel people should be
able to vote on the annexation rather than it going through the
Legislative process. They also have some concern about the
University Fire Service being right down the road.
SENATOR THOMAS confirmed the process does not include people
being able to vote on the annexation.
MS. STRLE replied no and pointed out that there are no voters at
the Fred Meyers subdivision.
SENATOR THOMAS said the Fred Meyer subdivision is a sizeable and
valuable chunk of land and asked about the tax revenues.
MS. STRLE said the Borough would most likely lose about $400,000
in property and alcohol tax revenue from the Fred Meyer
subdivision and the University Fire Service would lose about
$50,000 from their levy. Those funds would benefit the city
instead.
SENATOR THOMAS asked if the City would pick up the exact same
amount of revenue from the taxes.
MS. STRLE replied yes.
CHAIR OLSON asked if the net would be $450,000 for the city.
MS. STRLE answered yes, $400,000 or $500,000.
SENATOR THOMAS asked if testimony was generally in favor or
against the annexation.
MS. STRLE said she thought it was half and half. She said the
University Fire Service was concerned about the potential to
lose revenue and have the city encroach on their area. Others
felt the annexation made sense and felt the area was already a
part of the city and received services.
3:59:22 PM
SENATOR THOMAS said he and Ms. Strle have had a conversation
about the remaining area along University Avenue, about a half a
mile down to the fire station. He asked if she would consider
annexing this area.
MS. STRLE said she did not think "there is anything that we're
not considering." She said people have talked to her about going
down Airport Road to the airport and about properties on Van
Horn Road and Peger Road that want fire service. She mentioned
the Borough's interest in developing the Tanana Lakes recreation
project and the possible need for police protection. She said
nothing is off the table but she has not formulated the next
step.
SENATOR THOMAS said Ms. Strle is mentioning mostly commercial
properties, such as Van Horn Road.
MS. STRLE replied yes, but a lot of residential development is
past or behind Van Horn Road. She said people have told her, "If
it looks like a city, it is a city" and some areas do look like
part of the city. She does not look down College Road, where the
fairgrounds are, as part of the city. She sees the growth at the
airport and "that way."
SENATOR THOMAS said he is glad she is thinking that way; it
makes him feel safe.
CHAIR OLSON opened public testimony.
4:01:59 PM
LAREN ZAGER, Chief of Police, Fairbanks Police Department (FPD),
said that while some good reasons might exist for disallowing
the annexation, those reasons are not within the area of police
services. He said the annexation will not overload the FPD. He
explained that the FPD would receive one-half of a position and
the call numbers equate to about one-third of a position per
year. He said the FPD has a good relationship with the Alaska
State Troopers and mutual aid would stay in place. With the
annexation, the Enclave Areas and Fred Meyers would receive more
unified public safety services with dispatch, fire and police
all under one roof. He said according to FPD's concentration of
officers, having an FPD officer nearby when an emergency call
comes in from the area is much more likely than a state trooper.
He also mentioned the FPD hosts sophisticated robbery technology
that is still available through mutual aid but is delivered at a
better level when FPD is the primary responder. He said FPD has
the staff and is in the area all the time anyway.
4:05:33 PM
SENATOR THOMAS asked Mr. Zager what a third of an officer's time
amounts to.
MR. ZAGER replied that these are not new businesses and that FPD
already spends a substantial amount of time responding, backing
up the Troopers, being in the neighborhood and doing traffic
stops. He said the actual increase in work load might be closer
to a quarter of a position. Roughly 300 calls a month come from
the area and an FPD officer probably responds to an average of
500 or more calls per month.
VIVIAN STIVER, Council Seat A, City of Fairbanks, said she does
not recall hearing any discussion regarding annexation plans or
steps during her time with Mayor Thompson. She said she chairs
the fire committee citizen review and found it unconscionable
that more work will be taken on. She said the dispatch center is
broken; the city is unable to recruit and retain dispatchers.
She reported that a man timed the drive from the University Fire
Station, next to Fred Meyers, to the front door of Fred Meyers
at 60 seconds. He then drove from Fred Meyers to the city fire
station on Cushman and, with all green lights, the drive took 6
and a half minutes. She said the most important part about
emergency services is the "golden minute," or the ability to get
to the person in need.
4:09:20 PM
MS. STIVER said if a community member now has a property crime,
he or she is told to fill out paper work. Service in the city
needs to be improved and the city is always looking for money.
MS. STIVER said the two letters from Mt. McKinley Bank and Fred
Meyers were never rescinded and these businesses have never
dropped their opposition.
MS. STRLE reiterated that Mt. McKinley Bank, Fred Meyers and
Taco Bell did not oppose this annexation when they had the
opportunity to do so through the LBC process. She said she is
certain she did talk to Mt. McKinley Bank and Fred Meyers
corporate people, probably after the petition was filed.
4:11:12 PM
At Ease from 4:11:12 p.m. to 4:11:41 p.m.
4:11:41 PM
CHAIR OLSON called for testimony from the North Star Borough.
LUKE HOPKINS, Mayor, Fairbanks North Star Borough (FNSB,) asked
the committee to consider overriding the LBC decision. He said
he was on the FNSB assembly and voted in opposition to this on a
resolution. He saw this as a small piece of property and a money
grab. The change of authority would result in a change in
emergency care response from the University Fire District, which
is only a half mile away, to the City of Fairbanks emergency
response, which is three miles away [from the Fred Meyers
subdivision]. He noted that he does not have a problem with the
Enclave Lots annexation but said that the Fred Meyers annexation
has unintended consequences. He felt residential units on either
side of the commercial property should have been included in the
annexation if better service is truly to be given to a portion
of the city. He said the fire fighters in both the city
department and University department are highly qualified, but
the response time to those in need of medical care [is the
issue.] Property taxes will increase for Fred Meyers subdivision
businesses. The Borough taxes will also increase with the
shifting of money to the City of Fairbanks. The monetary change
that would occur would be a $1 million reduction every other
year for FNSB.
4:16:26 PM
SENATOR THOMAS asked if Mr. Hopkins had conversations with the
city mayor before the annexation.
MR. HOPKINS said he was an assembly member when early
discussions took place about the ability to solve a financial
issue of monetary losses with the University Fire Service Area.
He said he recalls speaking to Mayor Strle about annexing a
larger area that really would like services such as fire
protection. He felt it was unfortunate that the city didn't go
after some other area that would be a better application of the
annexation process. He recalled Ms. Strle saying she understood
that.
CYNTHIA KLEPASKI, Assistant Borough Attorney, Fairbanks North
Star Borough (FNSB), said this annexation did not make sense.
She reiterated that the City of Fairbanks chose the Legislative
review annexation process; no public vote was taken. Now it is
up to the Legislature to finalize the process. She referred to a
handout showing the city boundaries and the "bump" to the
Western boundary where Fred Meyers is. Another map showed the
Borough surrounding Fred Meyers on three sides. She said the
city chose not to annex the residential subdivision to the south
or businesses to the west. She said customers and businesses of
the Fred Meyers subdivision did not ask for annexation.
4:20:25 PM
MS. KLEPASKI referred to a map illustrating Fred Meyer's
distance from the four main fire stations: .6 miles from
University Fire Service Area, 2.2 miles from the main University
Fire Service Area, 3.1 miles from the Fairbanks city fire
station and 3.5 miles from the Aurora station. She pointed out
that coming from the city fire station requires going down
Airport Road through ten signaled lights.
MS. KLEPASKI said this annexation would remove the 2nd largest
tax payer to the University Fire Service Area and it is bad
public policy for one municipality to "financially cannibalize"
another. She referred to a handout which estimated that the loss
would have been $475,243. She noted that the figure differs from
the petition because the city used mill rates and assessed value
estimates in 2008 while the 2009 figures are actual figures. She
hoped that the Legislature would do a cost benefit analysis,
especially as there was no public vote. Borough residents will
have a tax increase due to the loss of the alcohol tax,
University Fire Service Area residents will have a tax increase
because of the loss of the property tax and Fred Meyers
subdivision owners will have increased property taxes and fees.
She said no streets need to be cleared or garbage collected and
the subdivision already had fire and ambulance; annexation has
not been shown to be needed. She hoped the committee would
introduce a senate resolution to deny the annexation before the
March 5th deadline.
4:22:34 PM
SENATOR THOMAS asked if anyone plotted the distance and time
from University Fire Station Number 2 to the Fred Meyer property
and on to the hospital via Davis Road.
MS. KEPLASKI replied that that route was not calculated, but any
of the fire or ambulance services could use an alternative
route. She pointed out that getting from Fred Meyer to the
hospital will be the same for any service; how long it takes to
get to Fred Meyer is the issue.
SENATOR KOOKESH asked why the route and mileage from the nearest
police station has not been shown.
MS. KEPLASKI replied that the police are usually in route, not
at the police station.
4:24:14 PM
MICHAEL LAMB, Chief Finance Officer, Fairbanks North Star
Borough said the Borough loses about $475,000 dollars and
University Fire Service Area loses $57,000. The city gains
about $670,000 including property, alcohol and tobacco taxes.
Fred Meyer will pay an additional $53,000 in taxes to the city
than what it currently pays. He explained that the Borough tax
cap prevents non-voter approved programs from being added and
keeps income revenue from taxes stable. The revenue equals the
net taxable value times the mill rate. When the revenue is the
same but the number two tax property disappears, a 2.7 percent
reduction in tax revenues occurs. He explained that in a new
budget year, factoring for inflation, University Fire Service
Area and the residents who pay for that service with property
taxes, are confronted with a 6 percent approximate gap in their
revenues. In all likelihood the [University] Fire Service Area
will have to increase taxes on all of its residents.
BILL SHECHTER, secretary, University Fire Service Area, said he
has been the fire chief for both the City of Fairbanks and the
University area. He said the Fire Service Commission is opposed
to this annexation because the safety of 8,000 daily visitors to
Fred Meyer, plus Taco Bell and bank customers, will be
compromised. These people will experience a change in the level
of emergency service that they have come to expect over the last
20 years.
4:28:12 PM
MR. SHECHTER said the LBC and its staff are not in a position to
assess this safety component as they look at state statutes and
the Constitution. He hopes the Legislature will realize the
importance of safety and reverse the annexation decision.
SENATOR THOMAS asked Mr. Shechter if his comment about danger to
the public was in reference to response times and transportation
to the hospital.
MR. SHECHTER said absolutely because the ability to get on the
scene for resuscitation or life sustaining measures takes
precious minutes away from somebody's life. The ability to
respond in 60 seconds as opposed to six minutes could mean the
difference between life and death. He reiterated that the City
of Fairbanks has excellent [emergency response] people but they
are busy. He mentioned that the ability to get to a fire scene
and initiate effective fire suppression results in less damage
and more survivability of property.
4:30:50 PM
MR. HOPKINS asked the committee to consider the fine points that
were not part of the view of annexation. He said the right thing
is not being done.
4:31:30 PM
At Ease from 4:31 p.m. to 4:32 p.m.
SB 109-REPEAL SECONDARY SCHOOL EXIT EXAM
4:32:41 PM
CHAIR OLSON said the next order of business to come before the
committee was SB 109.
TOM OBERMEYER, aide to Senator Davis, said the High School
Graduation Qualifying Exam (HSGQE) was initiated in 2001 and was
fully implemented in 2004. He said it has become a high stakes
hurdle that in many views has harmed many students in Alaska
while exacerbating the 2007 court finding that the state was
violating students' constitutional rights to an education
without providing proper assistance and direction, particularly
in rural districts. He said it may be argued that the state does
not need the HSGQE and all school districts already require
assessment tests to determine student progress and competency.
The Center on Education Policy reported in August 2008 that most
states have alternatives to the high risk exam. The current
Alaska high school exam was changed by the Board of Education
and made a little less difficult at the inception and has since
been combined with the No Child Left Behind test.
He pointed out that the test represents a substantial expense at
about $1.5 million per year as part of a $48 million, seven-year
annual renewable contract with Data Recognition Corporation
(DRC). He said whether or not the test is doing what it was
intended to do is questionable. Nothing has indicated that the
test has better prepared students for college or has determined
conclusively that students were receiving diplomas but lacking
basic skills. He explained that many students who fail the test
are dropping out of school or ending up with a Certificate of
Attendance which has no value in the job market. It is time to
review the exam and see if it is time to eliminate it. He noted
that the Department [of Education and Early Development] (EED)
and the Board [of Education] have taken a contrary opinion.
SENATOR MENARD asked if $1.5 per year is the cost to administer
the test.
4:36:54 PM
MR. OBERMEYER replied yes, the average is about $1.5 million.
SENATOR MENARD said Terra Nova is the test that many are wishing
to go to. She asked what the cost would be to administer that
test.
SENATOR DAVIS said SB 109 only repeals the HSGQE and she was not
able to provide that information. She said it was up to the EED
and Board of Education to decide if Terra Nova would be used.
SENATOR MENARD said she knows about the Terra Nova test and
should have asked how much less the cost of administering this
test would be.
SENATOR THOMAS commented that any test does not necessarily
create change, but rather what results from the test, such as
earlier intervention, creates change. He commented that some
people say earlier intervention, according to tests already in
place, will have a better outcome than waiting until the 10th
grade to take a test with a large impact.
SENATOR DAVIS said she is not recommending anything; that SB 109
is to repeal the HSGQE. She mentioned that some tools are
already in place for assessments and testing in earlier grades
and the EED has to decide what else to do. She pointed out that
WorkKeys is supposed to go into effect next year and said she
does believe pre-K education is important. She said a system
that gives a test at grade 10, with three years to pass, or else
a piece of paper to say the student attended, is a disservice to
children and needs to be looked at and replaced.
SENATOR MENARD said she has heard the MatSu school district is
not opposed to SB 109 and asked if Senator Davis has heard from
other districts.
SENATOR DAVIS said she has heard from a lot of districts and
that the committee packets contain some of the information and
more will come from public testimony.
4:40:46 PM
DOUG CONBOY, Superintendent of Schools, Kashunamiut School
District in Chevak, said Kashunamiut School District supports SB
109. He said several aspects of standardized testing have a
negative effect on his district's students, which are 98 percent
Cup'ik. Students in Chevak do not understand some terms used in
testing such as "curb;" there are no curbs in Chevak and
students do not know what a curb is. Students don't have a
concept of the term "park" as there are none in Chevak. He
provided an example of a multiple choice question about the
appropriate means of transportation to a hospital - an
automobile, public transport or an airplane. Chevak students
correctly answered "airplane" which was counted as wrong in the
standardization process. He did not believe any standardized
test can be detailed enough to consider the wide range of
[students'] experiences. He cautioned against substituting HSGQE
with something else because one size does not fit all.
SENATOR THOMAS said he has been told assistance is allowed for
some people and asked if assistance aids Mr. Conboy's students.
MR. CONBOY replied that too much dialogue with the student
compromises the test; means of assisting a student with the test
are quite limited.
SENATOR THOMAS asked if other tests already in place should be
able to trigger remediation and getting kids to the point where
they are able to go on to vocations or college.
MR. CONBOY said he believes so. He said teachers who work with
students daily and have a relationship with them are up to the
task of remediating those issues. The student must also have
some ownership as well; a student who is oppositional is hard to
turn around.
4:44:56 PM
SENATOR KOOKESH said he thinks that the end result of the test
is the worst part of it. He has seen kids in his village who
don't pass the HSGQE and get a Certificate of Attendance which
effectively ends their life because the student cannot go to
vocational schools, college, into the military and possibly
can't join some unions without a high school diploma. He thought
we need to find a way to get kids a high school diploma yet the
HSGQE is stopping them from doing so.
MR. CONBOY agreed and apologized if his testimony gave any
indication that he did not agree.
SENATOR KOOKESH said he just wanted to go to the next step: not
only is the test something he does not agree with but he also
does not agree with the end result.
MR. CONBOY said a double standard exists: a student who meets
the requirements for graduation as set forth by the local school
board and district, but does not pass the HSGQE, is not allowed
to graduate. Other students pass the HSGQE but don't have all
the needed credits and so cannot graduate. He does not believe a
"double shot" at the students is the right way to do business.
4:46:23 PM
BENJAMIN AGIMUK, student at Kashunamiut School District in
Chevak, supported SB 109. He said some kids do well in school
but get very nervous about these big tests and their brains do
not function right. He said students who get A's and B's but
don't pass the test, even after the retakes, are not able to
graduate. He expressed the opinion that this is unfair. He said
he knows at least one student exists in every village who is
smart enough but cannot pass the HSGQE test because he or she
gets nervous. He believes these kids can get a diploma but do
not because of the HSGQE test; they will only get a Certificate
of Attendance even though they have A's and B's. He said that
person is being left behind.
CHAIR OLSON asked Mr. Agimuk what grade he is in.
MR. AGIMUK replied 10th grade.
CHAIR OLSON asked if Mr. Agimuk had taken the HSGQE.
MR. AGIMUK replied no.
SENATOR KOOKESH asked if Mr. Agimuk is saying that a person can
go through high school, get all A's and B's, and then be failed
by one exam at the end. He asked if Mr. Agimuk did not agree
with that.
MR. AGIMUK said he does not agree with that because students can
get really nervous and their brains don't function right. He
said it is certainly unfair for the student. He pointed out that
those students will not be able to get scholarships or go on
with school even though they had good enough grades.
SENATOR MENARD complimented Mr. Agimuk on his testimony.
SENATOR THOMAS asked if Mr. Agimuk is a good student.
MR. AGIMUK replied yes.
SENATOR THOMAS asked Mr. Agimuk if he anticipates passing the
test.
MR. AGIMUK replied, "Hopefully."
CHAIR OLSON asked what Mr. Agimuk would like to be when he gets
out of school.
MR. AGIMUK replied that he would like to be like Senator Olson.
4:50:01 PM
JOHN ALCANTRA, Director of Government Relations, National
Education Association - Alaska (NEA), supported SB 109. He
mentioned the savings of $1.3 to $1.6 million per year as shown
on the fiscal note for SB 109. He suggested more savings would
be made through children not missing instruction in order to
take the HSGQE. He recounted that some students pass the test in
their sophomore year and tell their parents they are "done with
high school." He mentioned a letter in the committee packet from
LaDawn Truce, president of the Kenai Peninsula Education
Association, which provides an eloquent description of the flaws
of the exit exam other than the cost.
SENATOR THOMAS said we do a lot of testing all through school.
He asked Mr. Alcantra if he thinks the HSGQE is being unfairly
judged and if standards will be lowered if the test is done away
with.
MR. ALCANTRA said he did not believe repealing the HSGQE would
be lowering standards because the test is a minimum bench mark
anyway. He felt that current testing from 3rd to 10th grade is
adequate. He pointed out that good students and smart children
have "a blip in difficulty" in passing a test. He said plenty of
assessment tools are available and the EED and the Board of
Education will come up with some alternatives.
4:53:28 PM
CHAIR OLSON said people in the business community have
complained for years about high school graduates being
inadequately prepared for the job market, particularly in
mathematics. He asked what Mr. Alcantra would say to these
business community members.
MR. ALCANTRA said quality teachers in every classroom would
allow these kids to get the best education possible. He said
asking village kids about curbs and paved streets isn't going to
help them do better math for a workplace. He said this exit exam
is keeping hundreds of kids from getting a diploma and being
able to move forward and better their lives. At every crossroad,
parents and teachers can do a better job at making sure their
children do better in math and every subject. Eliminating the
HSGQE will not keep kids from getting the best math or high
school experience possible.
SENATOR KOOKESH recounted that he worried for years about his
younger brother who did not do well in school. His brother went
into the military, spent time in Vietnam, came back and went to
college and got a Masters Degree. If an exam was in place, he
would not have gotten a diploma and never would have "made it."
MR. ALCANTRA said the letter from LaDawn Druce is about her son
who went to a post-secondary vocational educational program in
Oklahoma. He had not passed the HSGQE. He came back and passed
it 55 points above the cut score two years later. He was
employed at an Anchorage automotive dealership within 48 hours
of returning to Alaska and has worked his way up to service
advisor. Mr. Alcantra said failing the HSGQE can prohibit
getting into the military and most union apprenticeship
programs; it is hurting Alaska's kids.
4:57:01 PM
LES MORSE, Deputy Commissioner, Alaska Department of Education
and Early Development (DEED), said the state Board of Education
decided it was not wise to move away from this test at this time
and felt it was an important part of the accountability system.
The Board of Education adopted a resolution in opposition to SB
109. He mentioned data showing the number of graduates has
increased while dropouts have decreased since the exam was
implemented. The data suggests that the exam might be working.
CHAIR OLSON asked if it is correct that the Administration is
not in support of SB 109.
MR. MORSE replied that was accurate.
SENATOR KOOKESH said he did not know that was accurate.
MR. MORSE clarified that the Governor's office has not taken a
position. The DEED is bringing forward the position of the state
Board of Education.
SENATOR KOOKESH asked how many students in Alaska receive a
Certificate of Attendance. He said the number of graduates will
naturally increase because the population is growing. He said
fewer dropouts might occur when students stay in school even
with a Certificate of Attendance because they don't realize what
the certificate is as compared to a diploma.
MR. MORSE said the percent of graduates has increased, not just
the number of graduates. The total number graduates went from
6905 to 8008 last year; the percentage of the population went
from 61.4 to 67.5 percent. In 2009, the numbers are based on
11,863 students of which 8,008 graduated and 2,311 did not
graduate. Of those 2,311, 1,549 students passed all three parts
of the exam so they did not graduate for some other reason. 762
students did not pass one or more parts of the exam and received
a Certificate of Attendance.
5:00:50 PM
CHAIR OLSON asked if Mr. Morse agreed that students in rural
Alaska are at a disadvantage because they do not have the
vernacular of those raised in a city. He asked why rural
students should be penalized by a test that is biased toward
urban students.
MR. MORSE said he would be surprised if a question with that
level of bias was on the test. He said he will ask the
contractor if any question like that [about a curb] exists.
Every item on custom-made tests, including the standards based
exams and HSGQE, is reviewed for bias by a committee with
representation from all over Alaska. He said, it would be highly
unlikely that question would be on the test at that grade
because of extensive reviews for bias.
CHAIR OLSON referred to his experience of having flown many
Medivacs in rural and Western Alaska, and said a student who is
asked how grandma will get to the hospital will not say in an
automobile. He said he has not seen the test but stated that if
such a question is on the test, something is certainly wrong
with the test.
MR. MORSE said he agreed and was almost 100 percent sure that
question is not on the test; it would not have passed the bias
committee who would have said two correct answers are possible.
CHAIR OLSON asked Mr. Morse to get back to him about whether or
not that question is on the test.
5:02:55 PM
SENATOR KOOKESH said he is concerned about DEED not supporting
SB 109 at all without talking to people, like the testifiers
today, or members of the Legislature, such as himself, who are
opposed to the test. He said he expects DEED to lead, not keep
the status quo. He said he wants to hear the DEED say, "this
test may not work, so we are going to make modifications to it;
we're going to make it work." He said the DEED needs to look at
the fact that SB 109 is in front of the Legislature and there is
a concern.
MR. MORSE said he would not say no problems exist with the exam
and noted that adjustments have been made. He said next week a
meeting will be held to review standards, poll people who have
worked on the high school portion and conduct consequential
validity studies to learn the impact of the exam in the field.
He said such things are continuously looked at. He said the
Board of Education and DEED think the HSGQE fulfills a very
important purpose in the accountability system. The HSGQE is a
major driving force in comprehensive high schools that don't
fall under the No Child Left Behind accountability.
5:05:06 PM
SENATOR KOOKESH said he would be comfortable if DEED would say
the HSGQE would be kept as a measuring tool and as part of the
graduation process. He does not want to get the message that
the DEED doesn't care how a student does in school but will deny
a diploma for a student who fails the test.
SENATOR MENARD said that Alaska school board [Board of
Education] is often at odds with the Alaska Association of
School Boards. She would like DEED Commissioner, Mr. LeDoux, to
come and speak because she is getting conflicting information
that he may weigh in on getting rid of the HSGQE.
MR. MORSE said the Commissioner would make himself available.
5:06:59 PM
BENJAMIN ANDERSON AGIMUK, student at Kashunamiut School District
in Chevak, supported SB 109 for cultural reasons and
psychological reasons already stated. He said he has intelligent
friends who do not pass the test, are discouraged by the results
and are not willing to continue in school. He said these are
people who would probably go through vocational school more
quickly than other people. They are crippled because they cannot
pass a test that was not designed for them, even though they
would be successful people. He said he was going to describe
cultural reasons as well but those have already been said.
CHAIR OLSON asked what grade Mr. Anderson Agimuk is in.
MR. ANDERSON AGIMUK replied 11th.
CHAIR OLSON asked if he had taken the HSGQE.
MR. ANDERSON AGIMUK replied yes.
CHAIR OLSON asked if he passed.
MR. ANDERSON AGIMUK replied yes.
SENATOR KOOKESH asked if he was concerned about the other
students who may end up being penalized because they would not
get a diploma and would not be able to continue on in life to do
other things.
MR. ANDERSON AGIMUK replied yes. He said the people he knows are
pretty smart and do well in school. He said they do better in
technical classes and would be successful. He said they are
being crippled by the test and mentally discouraged to the point
of not feeling like going forward in school.
5:10:10 PM
CHAIR OLSON closed public testimony and held SB 109 in
committee.
5:10:29 PM
With no further business before the committee, Chair Olson
adjourned the meeting.
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