Legislature(2009 - 2010)BELTZ 105 (TSBldg)
03/31/2010 08:00 AM Senate EDUCATION
| Audio | Topic |
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| Start | |
| HB360 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 360 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
March 31, 2010
8:03 a.m.
MEMBERS PRESENT
Senator Kevin Meyer, Co-Chair
Senator Joe Thomas, Co-Chair
Senator Bettye Davis, Vice Chair
Senator Charlie Huggins
Senator Donald Olson
Senator Gary Stevens
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 360(EDC)
"An Act relating to the provision of information regarding a
student by a school district to the Department of Military and
Veterans' Affairs, Alaska Challenge Youth Academy."
- MOVED SCS CSHB 360(EDC) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 360
SHORT TITLE: YOUTH ACADEMY: STUDENT RECORDS
SPONSOR(s): REPRESENTATIVE(s) DAHLSTROM
02/19/10 (H) READ THE FIRST TIME - REFERRALS
02/19/10 (H) EDC
03/01/10 (H) EDC AT 8:00 AM CAPITOL 106
03/01/10 (H) Heard & Held
03/01/10 (H) MINUTE(EDC)
03/08/10 (H) EDC AT 8:00 AM CAPITOL 106
03/08/10 (H) Moved CSHB 360(EDC) Out of Committee
03/08/10 (H) MINUTE(EDC)
03/10/10 (H) EDC RPT CS(EDC) 4DP 2NR
03/10/10 (H) DP: KELLER, MUNOZ, P.WILSON, SEATON
03/10/10 (H) NR: GARDNER, EDGMON
03/12/10 (H) TRANSMITTED TO (S)
03/12/10 (H) VERSION: CSHB 360(EDC)
03/15/10 (S) READ THE FIRST TIME - REFERRALS
03/15/10 (S) EDC
03/24/10 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/24/10 (S) Scheduled But Not Heard
03/26/10 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
03/26/10 (S) Scheduled But Not Heard
03/31/10 (S) EDC AT 8:00 AM BELTZ 105 (TSBldg)
WITNESS REGISTER
REPRESENTATIVE NANCY DAHLSTROM
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 360.
NICOLE HILL aide to Representative Dahlstrom
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented CSHB 360.
MCHUGH PIERRE, Deputy Commissioner
Department of Military & Veterans Affairs (DMVA)
Fort Richardson, AK
POSITION STATEMENT: Supported CSHB 360.
LES MORSE, Deputy Commissioner
Department of Education and Early Development (DEED)
Juneau, AK
POSITION STATEMENT: Supported CSHB 360 and suggested amending
language.
NEIL SLOTNICK, Assistant Attorney General
Juneau, AK
POSITION STATEMENT: Provided information and amending language
for CSHB 360.
ACTION NARRATIVE
8:03:36 AM
CO-CHAIR THOMAS called the Senate Education Standing Committee
meeting to order at 8:03 a.m. Present at the call to order were
Senators Huggins, Thomas, Davis, Stevens, and Meyer.
HB 360-YOUTH ACADEMY: STUDENT RECORDS
8:03:53 AM
CO-CHAIR THOMAS announced consideration of HB360 [the version
before the committee was CSHB 360(EDC)].
8:04:39 AM
CO-CHAIR THOMAS called a brief at ease.
[No audio until 8:16:42 AM due to technical difficulties.]
8:05:21 AM
CO-CHAIR THOMAS called the meeting back to order.
8:05:29 AM
REPRESENTATIVE DAHLSTROM, sponsor of HB 360, explained that the
bill came about due to Alaska's disappointing dropout rate.
Children who drop out or are expelled from high school are
unlikely to return to the classroom on their own; the option of
attending the Alaska Youth Military Academy is available to help
students finish a high school diploma or obtain a GED, but many
people don't know about it. HB 360 was designed to provide
another way to get the information about AYMA out to those kids,
to let them know they have another choice.
NICOLE HILL, aide to Representative Dahlstrom, emphasized that
Alaska's graduation rate is only 67 percent. She said statistics
show that dropouts make significantly lower incomes than high
school graduates and are more likely to commit crimes. She said
the Alaska Challenge Youth Academy (ACYA) follows a curriculum
that is accredited by the Northwest Association of Accredited
Schools. It offers a 22-week residential program based on the
traditional military training model whereby cadets are
instructed in the following areas: life skills, academic
excellence, job skills, responsible citizenship, leadership and
teamwork, health and hygiene, physical fitness, and service to
the community. In addition to these skills, cadets work toward
completion of their high school diploma, earning a GED, or going
back to finish high school.
REPRESENTATIVE DAHLSTROM said she recently attended an event out
of state and was told that the Alaska Challenge Youth Academy
program is seen as a model other states want to copy.
8:09:54 AM
SENATOR STEVENS asked what the success rate is of students
completing the program.
MS. HILL said 90 percent.
8:10:40 AM
SENATOR HUGGINS asked for more detailed statistics.
REPRESENTATIVE DAHLSTROM said she will get them for him.
8:11:06 AM
SENATOR HUGGINS asked who follows up when a child drops out of
school.
REPRESENTATIVE DAHLSTROM referred that question to the
Department of Education and Early Development.
8:11:51 AM
CO-CHAIR MEYER said that question came up during discussions
about repealing the exit exam, and no one seems to know what
happens to those kids.
8:12:36 AM
SENATOR HUGGINS commented that ACYA has a very innovative
program. He said he finds it interesting to hear the attitudes
of kids entering the program and the change in their attitudes
when they finish it successfully. He mentioned that Chugiak also
has a program that helps kids get a GED or finish their
diplomas.
8:14:32 AM
MCHUGH PIERRE, Deputy Commissioner, Department of Military &
Veterans Affairs (DMVA), Fort Richardson, Alaska, said the idea
for HB 360 was brought to Representative Dahlstrom about a year
ago by one of her constituents, who said the state should do
more outreach to let youth know about this program. DMVA has
been doing ads on the local hip-hop station and trying in other
ways to reach them, he said, but reaching out directly to their
households may improve contact with the kids and families who
need help.
MR. PIERRE said he worked with Representative Dahlstrom's office
last year and sent a letter to every school district; only three
districts responded and gave them the names of their dropouts:
Nenana City school district, Kenai Peninsula Borough school
district, and North Slope Borough school district. This year,
Representative Dahlstrom wants to make sure all school districts
comply. The districts currently give a dropout list to the
Department of Education and Early Development on July 15 of each
year; the reason for adding the January 15 date in this bill is
that they want to catch these kids after the first semester, as
soon as they drop out.
He said enrollment has been fairly steady for the past four
years. During the Murkowski administration, it grew from about
100 graduates per class to from 120 to 130 graduates per class;
they maintained that growth through this administration and have
begun to increase again. ACYA has 186 beds total and has
graduated as many as 161 cadets in a class. Classes begin on
Thursday, April 1 this year, and 224 cadets are signed up to
arrive on that date. Their focus now is to graduate at least 150
cadets per class. When they meet that goal, they will aim for
175 and then 200 per class; they really feel they can graduate
400 per year. He said he believes this legislation will help
them improve their student selection process and get more cadets
into the program.
8:19:11 AM
SENATOR HUGGINS asked Mr. Pierre how they select students.
MR. PIERRE said the Youth Academy staff interview cadets and
their parents between classes; the goal is to take the cadets
who are most likely to graduate. Some dropouts have only a
second-grade reading level, so it is very challenging for them
to come into the program for the four and a half month
residential phase and be successful at getting up to a high
school reading level. If they have two students, one of whom has
a second-grade reading level and another who has a sixth-grade
reading level, they take the one who reads at a sixth-grade
level and encourage the other child to study in preparation for
entering the next class. They are also trying to screen students
more carefully for health-related issues like asthma or drug
addiction. These kids naturally fall out of the program because
they can't meet the physical standards or are going through
withdrawal. If these kids can be identified before they enroll
in the program, they can get help and come into the next class
with a better chance of success.
8:21:22 AM
SENATOR HUGGINS asked if Mr. Pierre has statistics on kids who
complete the program with a GED and then go on to get further
high school education.
MR. PIERRE said, in the past, school districts were not allowed
to receive students who had a GED. The Alaska Challenge Youth
Academy offers only seven and a half high-school credits, so
cadets who come into the program with fewer than 14 credits
cannot get a high-school diploma from AYCA and will most likely
get their GEDs. Now that the law has changed and schools receive
funding for those students, all of their cadets are encouraged
to go back to high school and finish their diplomas, even if
they have gotten a GED. As it stands now however, about ten
cadets per class get their high-school diplomas and five or
fewer from each class actually end up going back to high school.
SENATOR HUGGINS asked if Mr. Pierre has any information on the
hang-up in funding for students who have a GED.
MR. PIERRE said he does, but thinks the Department of Education
and Early Development may prefer to respond to that question.
8:23:23 AM
LES MORSE, Deputy Commissioner, Department of Education and
Early Development (DEED), Juneau, Alaska, stated he and the
commissioner met with Representative Dahlstrom before HB 360 was
introduced, and the commissioner is very supportive because of
his interest in ensuring that students have alternate pathways
if they leave school without a diploma for any reason. The
department does have minor concerns about some of the language
at the end of the bill, he said, but removing the words
"expelled" and "dropped out" from the committee's proposed
amendment would satisfy their concerns.
CO-CHAIR THOMAS said he understood and agreed with the
department's reasoning on that issue. He asked Mr. Morse what
language the department would prefer on page 1, lines 12-14 of
the bill and page 2, lines 2-3. He noted that the language in
the body of the bill seemed to make it clear that it applies to
someone who is not enrolled and has not achieved a GED.
MR. MORSE suggested deleting "were expelled from or who dropped
out of" on page 2, lines 16-17 and inserting the word "left". He
asked if Senator Thomas would like him to speak to the language
in the other amendment.
CO-CHAIR THOMAS said he would. He asked if Mr. Morse agreed that
the language on page 1, lines 12-14, and on page 2, lines 2-3,
clearly stated which students are the subject of the
legislation.
8:28:13 AM
MR. MORSE replied that the language in the bill itself was clear
in terms of which students should be included. Regarding the
longer amendment provided by the Department of Law, he suggested
deleting "who were expelled from or who dropped out of" and
inserting "to whom the criteria described in section 1 of this
Act become applicable on or after September 1 2010."
NEIL SLOTNICK, Assistant Attorney General, representing the
Department of Education and Early Development, Juneau, Alaska,
cautioned that the words "expelled" or "dropped out of" are
words they think would raise a problem with the federal
government under the Family Educational Rights Privacy Act, so
they want to make sure that those words are not used. The Act
distinguishes between directory information and educational
records; names and dates of attendance are considered directory
information. He said the body of this Act was very carefully
drafted to discuss only names and dates of attendance; they were
careful to avoid the reference to what would be educational
records, which is implicated by the use of terms like dropped
out or expelled. He stressed that they don't want to create a
problem by using any of those words in the un-codified language
that comes afterward, and the problem he sees with the longer
amendment is that it contains the phrase "who were expelled
from". He said the short amendment, which uses the words "who
left school", clearly refers back to the language under the
criteria. If the committee feels that is too ambiguous, he
suggested they amend the problematic language to read "this
applies to students to whom the criteria described in section 1
of this Act become applicable on or after September 1 2010".
SENATOR DAVIS asked why it took so long for Department of
Education and Early Development to bring up this issue.
8:31:50 AM
MR. SLOTNICK said they suggested this change on the House side
and the problematic terms were taken out of the body of the
bill, but overlooked in the un-codified language.
8:32:31 AM
SENATOR OLSON joined the meeting.
CO-CHAIR MEYER said "simpler is better," so he would favor just
inserting the word "left" but would like to speak to the sponsor
before proposing any amendments.
8:33:49 AM
REPRESENTATIVE DAHLSTROM said both of the amendments before the
committee have the same intent and she would consider either a
friendly amendment.
MS. HILL said the reason behind the wording is that the
districts code students as dropouts, and this bill is appealing
to those students.
CO-CHAIR THOMAS said he was puzzled by the inconsistency between
the federal Act and the fact that districts code for and collect
that information.
8:35:27 AM
CO-CHAIR MEYER said they seem to have a dilemma in that the
local districts code it one way and the federal government looks
at it in another, but it appears that they are going to have to
make this amendment in order to satisfy the federal government.
SENATOR HUGGINS proposed they change it to "left" and define
what that means in regulation.
CO-CHAIR THOMAS said he sees no problem unless, by adopting this
amendment, the districts could avoid transferring information by
saying the requirement is not sufficiently specific.
CO-CHAIR THOMAS closed public testimony.
8:37:29 AM
CO-CHAIR MEYER moved to adopt Conceptual Amendment 1 deleting
"were expelled from or who dropped out of" on page 2, lines 16-
17, and inserting "left". There being no objection, the motion
carried and Amendment 1 was adopted.
8:37:36 AM
CO-CHAIR MEYER said he believes the administration is on the
record as supporting this amendment, but would like to hear from
them one more time.
MR. MORSE confirmed the administration's support for Amendment
1.
8:38:37 AM
CO-CHAIR THOMAS asked Mr. Morse if the language of the bill is
acceptable as a whole.
MR. MORSE said it is acceptable. He also explained that the
coding of students as dropouts allows them to collect the
information for reporting statistics on the number of dropouts,
for use in calculating the graduation rate, and for reports to
the federal government. The issue, he said, is really what can
be released, and this information is considered to be protected
in terms of identifying individuals.
8:40:00 AM
CO-CHAIR MEYER asked if the department can define the word
"left" in regulation.
MR. MORSE said the language in the bill is clear enough that
they can make it explicit, either through regulation or when
they communicate to the districts what is required.
8:41:10 AM
SENATOR HUGGINS agreed the data the districts collect has been
used for statistical reporting and not in any effort to rescue
those students.
8:41:50 AM
CO-CHAIR MEYER moved to report CSHB 360(EDC) as amended from
committee with individual recommendations and attached fiscal
note(s). There being no objection, SCS CSHB 360(EDC) moved out
of the committee.
8:42:27 AM
There being no further business to come before the committee,
Co-Chair Thomas adjourned the meeting at 8:42 a.m.
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