Legislature(2015 - 2016)BUTROVICH 205

04/12/2016 06:00 PM Senate EDUCATION

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06:03:59 PM Start
06:04:47 PM HB156
07:18:03 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 156 SCHOOL ACCOUNTABILITY MEASURES; FED. LAW TELECONFERENCED
Heard & Held
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                         April 12, 2016                                                                                         
                           6:03 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Dunleavy, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Cathy Giessel                                                                                                           
Senator Gary Stevens                                                                                                            
Senator Berta Gardner                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 156(EDC) AM                                                                             
"An Act  relating to the duties  of the State Board  of Education                                                               
and  Early Development,  the Department  of  Education and  Early                                                               
Development,  school boards,  and school  districts; relating  to                                                               
public school curriculum and  assessments; relating to compliance                                                               
with   federal  education   laws;  relating   to  public   school                                                               
accountability;  relating  to  a statewide  assessment  plan  and                                                               
review of  education laws and  regulations; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 156                                                                                                                  
SHORT TITLE: SCHOOL ACCOUNTABILITY MEASURES; FED. LAW                                                                           
SPONSOR(s): REPRESENTATIVE(s) KELLER                                                                                            
                                                                                                                                
03/20/15       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/20/15       (H)       EDC                                                                                                    
03/30/15       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/30/15       (H)       Heard & Held                                                                                           
03/30/15       (H)       MINUTE(EDC)                                                                                            
04/08/15       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
04/08/15       (H)       Heard & Held                                                                                           
04/08/15       (H)       MINUTE(EDC)                                                                                            
04/10/15       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
04/10/15       (H)       Scheduled but Not Heard                                                                                
04/13/15       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
04/13/15       (H)       Heard & Held                                                                                           
04/13/15       (H)       MINUTE(EDC)                                                                                            
03/14/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/14/16       (H)       Scheduled but Not Heard                                                                                
03/16/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/16/16       (H)       Heard & Held                                                                                           
03/16/16       (H)       MINUTE(EDC)                                                                                            
03/18/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/18/16       (H)       Heard & Held                                                                                           
03/18/16       (H)       MINUTE(EDC)                                                                                            
03/21/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/21/16       (H)       <Bill Hearing Rescheduled to 3/23/16>                                                                  
03/23/16       (H)       EDC AT 8:00 AM CAPITOL 106                                                                             
03/23/16       (H)       Moved CSHB 156(EDC) Out of Committee                                                                   
03/23/16       (H)       MINUTE(EDC)                                                                                            
03/24/16       (H)       EDC RPT CS(EDC) NT 5DP 2NR                                                                             
03/24/16       (H)       DP:     KELLER,    TALERICO,     COLVER,                                                               
                         SPOHNHOLZ, VAZQUEZ                                                                                     
03/24/16       (H)       NR: DRUMMOND, SEATON                                                                                   
03/25/16       (H)       FIN REFERRAL ADDED AFTER EDC                                                                           
04/04/16       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/04/16       (H)       Moved CSHB 156(EDC) Out of Committee                                                                   
04/04/16       (H)       MINUTE(FIN)                                                                                            
04/05/16       (H)       FIN RPT CS(EDC) NT 3DP 1DNP 4NR 1AM                                                                    
04/05/16       (H)       DP: WILSON, GATTIS, THOMPSON                                                                           
04/05/16       (H)       DNP: KAWASAKI                                                                                          
04/05/16       (H)       NR: SADDLER, PRUITT, EDGMON, MUNOZ                                                                     
04/05/16       (H)       AM: GUTTENBERG                                                                                         
04/10/16       (H)       TRANSMITTED TO (S)                                                                                     
04/10/16       (H)       VERSION: CSHB 156(EDC) AM                                                                              
04/11/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/16       (S)       EDC, FIN                                                                                               
04/12/16       (S)       EDC AT 6:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 156.                                                                                        
                                                                                                                                
JIM POUND, Staff                                                                                                                
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information on HB 156.                                                                          
                                                                                                                                
CHRISTA MCDONALD, Staff                                                                                                         
Senator Mike Dunleavy                                                                                                           
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented information on HB 156.                                                                          
                                                                                                                                
LISA SKILES PARADY, Executive Director                                                                                          
Alaska Council of School Administrators (ACSA)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Explained Conceptual Amendment 1 to                                                                       
Amendment 2.                                                                                                                    
                                                                                                                                
NORM WOOTEN                                                                                                                     
Executive Director                                                                                                              
Association Alaska of School Boards                                                                                             
POSITION STATEMENT: Presented information on Amendment 3.                                                                     
                                                                                                                                
SUSAN MCCAULEY                                                                                                                  
Interim Commissioner                                                                                                            
Department of Education and Early Development (DEED)                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Explained Amendment 4.                                                                                    
                                                                                                                                
DAVID NEES, representing himself                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in opposition to HB 156.                                                                        
                                                                                                                                
JACK WALSH, Superintendent                                                                                                      
Craig School District                                                                                                           
Craig, Alaska                                                                                                                   
POSITION STATEMENT: Testified in support of HB 156.                                                                           
                                                                                                                                
BARBARA HANEY, representing herself                                                                                             
North Pole, Alaska                                                                                                              
POSITION STATEMENT: Testified in general support of HB 156.                                                                   
                                                                                                                                
ED GRAY, representing himself                                                                                                   
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 156.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
6:03:59 PM                                                                                                                    
CHAIR MIKE DUNLEAVY called the Senate Education Standing                                                                      
Committee meeting to order at 6:03 p.m. Present at the call to                                                                  
order  were   Senators  Huggins,  Giessel,  Gardner,   and  Chair                                                               
Dunleavy. He noted one bill before the committee - HB 156.                                                                      
                                                                                                                                
        HB 156-SCHOOL ACCOUNTABILITY MEASURES; FED. LAW                                                                     
                                                                                                                                
6:04:47 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of HB 156.                                                                           
                                                                                                                                
6:04:51 PM                                                                                                                    
REPRESENTATIVE WES  KELLER, Alaska State Legislature,  sponsor of                                                               
HB 156, introduced the bill.                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature, presented information on HB 156.                                                                                   
                                                                                                                                
6:05:30 PM                                                                                                                    
REPRESENTATIVE KELLER explained that  the bill takes advantage of                                                               
the action  in Washington, DC,  to rewrite education  in America.                                                               
It follows the premise that the  needs of the kids are better met                                                               
under the local control of  school districts. The bill allows the                                                               
Department of Education and Early  Development (DEED) to stop the                                                               
test-based education  system that  is currently in  place. During                                                               
this  break, state  educators will  work with  local schools  and                                                               
districts,   along  with   concerned  parents,   to  develop   an                                                               
assessment plan  for the state  that considers  specific district                                                               
needs.                                                                                                                          
                                                                                                                                
He said  the bill also  gives DEED  the opportunity to  work with                                                               
the university for guidance regarding  college bound students and                                                               
with local businesses and unions.  The bill changes the reporting                                                               
provisions that  compare Alaska  with other  states and  it makes                                                               
for an education system that meets or exceeds federal standards.                                                                
                                                                                                                                
He noted  an amendment made on  the House Floor that  removes one                                                               
reference to a requirement for crisis intervention training.                                                                    
                                                                                                                                
6:07:38 PM                                                                                                                    
SENATOR GARDNER noted Section 1, page  2, line 6, where it speaks                                                               
to a report due by, or  after, January 15 received by each public                                                               
school and  by the state public  school system. She asked  for an                                                               
explanation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  understood  the confusion.  He  clarified                                                               
that AS  14.03.123(a) was not  changed; it states that  DEED will                                                               
give  a designation  to the  education system  along with  school                                                               
districts.  The  "state  public  school system"  is  a  means  of                                                               
comparing Alaska's  schools to other  states. The  designation is                                                               
determined by the state school board.                                                                                           
                                                                                                                                
6:09:50 PM                                                                                                                    
SENATOR  GARDNER asked  if it  is conforming  language that  adds                                                               
proposed aspects  as to  how the state  would compare  with other                                                               
states.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER  clarified that it is  conforming language,                                                               
but Section 1  requires that the information goes  into the state                                                               
report card.                                                                                                                    
                                                                                                                                
6:10:38 PM                                                                                                                    
SENATOR   GARDNER   inquired   about  the   state's   temporarily                                                               
suspending assessments  for four years  and how it  would compare                                                               
itself with other states.                                                                                                       
                                                                                                                                
REPRESENTATIVE KELLER  suggested that the state  use the National                                                               
Assessment of Educational Progress (NAPE).                                                                                      
                                                                                                                                
6:11:51 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
6:13:57 PM                                                                                                                    
CHAIR DUNLEAVY brought the meeting back to order.                                                                               
                                                                                                                                
6:14:14 PM                                                                                                                    
SENATOR GARDNER referred  to page 3, lines 7 -  10, and asked how                                                               
local control would be increased.  Alaska is already a state that                                                               
in statute and  in practice supports local  control of education;                                                               
that includes a system of  electing school board members that set                                                               
policy. She  understood the  resistance against  federal efforts,                                                               
but  maintained  that  there  are also  state  efforts  that  are                                                               
interfering with  local control. She  asked if this  provision in                                                               
the  bill is  aimed at  the state,  federal government,  or other                                                               
entities.  Also,  she  questioned  what is  meant  by  increasing                                                               
parental  choice  - choice  of  schools  or of  participation  or                                                               
other.                                                                                                                          
                                                                                                                                
6:15:32 PM                                                                                                                    
REPRESENTATIVE  KELLER responded  that he  is thinking  about the                                                               
perspective of  the local school  districts being the  closest to                                                               
the  parents.  If a  school  is  having problems,  the  solutions                                                               
should be worked  out with the parents and  teachers involved. He                                                               
said consistent with  that, in Section 8 it asks  for a review of                                                               
Title 14 assessment  accountability laws with the  idea that they                                                               
will report back to the legislature in order to reduce undue                                                                    
state control.                                                                                                                  
                                                                                                                                
6:16:59 PM                                                                                                                    
CHAIR DUNLEAVY took up the amendments.                                                                                          
                                                                                                                                
6:17:31 PM                                                                                                                    
SENATOR HUGGINS moved Amendment 1 to HB 156, labeled 29-                                                                        
LS0566\X.A.1:                                                                                                                   
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to a parent's right to direct                                                                      
     the education of a child;"                                                                                               
                                                                                                                                
     Page 1, following line 7:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section  1. AS 14.03 is  amended by adding  a new                                                                
     section to read:                                                                                                           
          Sec. 14.03.016. A parent's right to direct the                                                                      
     education  of the  parent's child.  (a) A  local school                                                                  
     board  shall, in  consultation with  parents, teachers,                                                                    
     and  school administrators,  adopt policies  to promote                                                                    
     the  involvement of  parents in  the school  district's                                                                    
     education   program.   The    policies   must   include                                                                    
     procedures                                                                                                                 
               (1) recognizing the authority of a parent                                                                        
     and allowing  a parent  to object  to and  withdraw the                                                                    
     child  from   a  standards-based  assessment   or  test                                                                    
     required by the state;                                                                                                     
               (2) recognizing the authority of a parent                                                                        
     and allowing  a parent  to object  to and  withdraw the                                                                    
     child from an activity, class, or program;                                                                                 
               (3)  providing for parent notification not                                                                       
     less  than two  weeks  before any  activity, class,  or                                                                    
     program   that   includes   content   involving   human                                                                    
     reproduction or sexual matters is provided to a child;                                                                     
               (4)  recognizing the authority of a parent                                                                       
     and allowing  a parent  to withdraw  the child  from an                                                                    
     activity,    class,    program,   or    standards-based                                                                    
     assessment  or  test  required   by  the  state  for  a                                                                    
     religious holiday, as defined by the parent;                                                                               
               (5) providing a parent with an opportunity                                                                       
     to   review  the   content  of   an  activity,   class,                                                                    
     performance standard, or program;                                                                                          
               (6)  ensuring that, when a child is absent                                                                       
     from  an activity,  class, program,  or standards-based                                                                    
     assessment  or test  required by  the state  under this                                                                    
     section,  the absence  is  not  considered an  unlawful                                                                    
     absence  under  AS 14.30.020   if  the  child's  parent                                                                    
     withdrew the  child from the activity,  class, program,                                                                    
     or   standards-based  assessment   or   test  or   gave                                                                    
     permission for the child's absence.                                                                                      
          (b)  The policies adopted under this section may                                                                      
     not allow a parent  categorically to object or withdraw                                                                    
     a  child from  all  activities,  classes, programs,  or                                                                    
     standards-based  assessments or  tests required  by the                                                                    
     state.  The policies  must require  a parent  to object                                                                    
     each time the parent wishes  to withdraw the child from                                                                    
     an   activity,  class,   program,  or   standards-based                                                                    
     assessment or test required by the state.                                                                                  
          (c)  Nothing in this section prohibits a school                                                                       
     employee or volunteer from answering  a question from a                                                                    
     child about any topic.                                                                                                     
          (d)  In this section,                                                                                                 
               (1)  "child"  means an  un-emancipated  minor                                                                    
     under 18 years of age;                                                                                                     
               (2)  "local  school  board" has  the  meaning                                                                    
     given in AS 14.03.290;                                                                                                     
               (3)  "parent" means  the natural  or adoptive                                                                    
     parent of a child or a child's legal guardian;                                                                             
               (4) "school  district" has the  meaning given                                                                    
     in AS 14.30.350.                                                                                                           
        *  Sec. 2.  AS 14.03.016(d),  enacted by  sec. 1  of                                                                  
     this  Act, is  amended  by adding  a  new paragraph  to                                                                    
     read:                                                                                                                      
               (5)  "human reproduction  or sexual  matters"                                                                    
     does not include curricula or materials for                                                                                
               (A)   sexual   abuse   and   sexual   assault                                                                    
     awareness  and   prevention  training   required  under                                                                    
     AS 14.30.355; or                                                                                                           
               (B) dating  violence and abuse  awareness and                                                                    
     prevention training required under AS 14.30.356."                                                                        
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 3"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 12:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 18"                                                                                                   
                                                                                                                                
     Page 14, line 13:                                                                                                          
          Delete "Sections 10, 12, and 14"                                                                                      
          Insert "Sections 12, 14, and 16"                                                                                      
                                                                                                                                
     Page 14, following line 14:                                                                                                
          Insert a new bill section to read:                                                                                    
         "* Sec. 21. Section 2 of this Act takes effect                                                                     
     June 30, 2017."                                                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 15:                                                                                                          
          Delete "secs. 17 and 18"                                                                                              
          Insert "secs. 19 - 21"                                                                                                
                                                                                                                                
CHAIR DUNLEAVY objected.                                                                                                        
                                                                                                                                
6:17:53 PM                                                                                                                  
CHRISTA  MCDONALD, Staff,  Senator  Mike  Dunleavy, Alaska  State                                                               
Legislature, presented information on  HB 156. She explained that                                                               
Amendment 1 takes components of  SB 89 regarding parental rights,                                                               
(excluding the abortion services  provider piece) and would allow                                                               
parents to  opt out of  standards based  assessments, activities,                                                               
or programs. It would also provide  a notice to parents two weeks                                                               
before  sex  education takes  place,  but  it would  not  require                                                               
written permission. It creates an opt-out for sex education.                                                                    
                                                                                                                                
CHAIR DUNLEAVY said  SB 89 was thoroughly vetted.  He thanked the                                                               
Association of  Alaska School Boards for  helping with [Amendment                                                               
3].                                                                                                                             
                                                                                                                                
6:20:46 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
CHAIR DUNLEAVY returned to Amendment 1.                                                                                         
                                                                                                                                
He removed his objection and Amendment 1 was adopted.                                                                           
                                                                                                                                
6:21:46 PM                                                                                                                    
SENATOR HUGGINS  moved to  adopt Amendment 2  to HB  156, labeled                                                               
29-LS0566\X.A.2:                                                                                                                
                                                                                                                                
                                                                                                                                
     Page 1, line 5, following "regulations;":                                                                                
          Insert "relating to physical examinations for                                                                       
     teachers;"                                                                                                               
                                                                                                                                
     Page 14, following line 4:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 15. AS 14.30 is amended by adding a new                                                                     
     section to read:                                                                                                           
          Sec.   14.30.075.    Physical   examinations   for                                                                  
     teachers. (a)  A school  district may  require physical                                                                  
     examinations of teachers as  a condition of employment.                                                                    
     A  school district  may not  pay the  cost of  physical                                                                    
     examinations  for  teachers.   This  section  does  not                                                                    
     affect the  coverage of  any health  insurance benefits                                                                    
     that a school district provides to teachers.                                                                               
          (b)  In this section, "school district" has the                                                                       
     meaning given in AS 14.30.350."                                                                                            
                                                                                                                                
     Page 14, line 12:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
     Page 14, line 15:                                                                                                          
          Delete "secs. 17 and 18"                                                                                              
          Insert "secs. 18 and 19"                                                                                              
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
MS.   MCDONALD  explained   Amendment  2   would  eliminate   the                                                               
district's responsibility  to pay for mandatory  health exams for                                                               
teachers.  It  was requested  by  the  Alaska Council  of  School                                                               
Administrators  (ACSA)  and  the  Alaska  Association  of  School                                                               
Boards (AASB).                                                                                                                  
                                                                                                                                
CHAIR DUNLEAVY requested she read Section AS 14.30.075.                                                                         
                                                                                                                                
MS.  MCDONALD  read:  "A school  district  may  require  physical                                                               
examinations of teachers  as a condition of  employment. A school                                                               
district  may  not pay  the  cost  of physical  examinations  for                                                               
teachers."                                                                                                                      
                                                                                                                                
CHAIR  DUNLEAVY   moved  to  adopt  Conceptual   Amendment  1  to                                                               
Amendment 2  - to  change "may  not pay" to  "is not  required to                                                               
pay."                                                                                                                           
                                                                                                                                
SENATOR GARDNER objected.                                                                                                       
                                                                                                                                
She  asked  what  the  difference  is  between  saying  a  school                                                               
district "is not required to pay" and "may not pay."                                                                            
                                                                                                                                
LISA SKILES PARADY, Executive Director,  Alaska Council of School                                                               
Administrators  (ACSA),  explained that  Amendment  3  is from  a                                                               
joint  effort with  AASB  and ACSC  to  eliminate the  district's                                                               
responsibility  to pay  for physicals  as a  cost-saving measure.                                                               
The  change to  "is not  required to  pay" is  that in  different                                                               
negotiated  agreements it  is agreed  by the  parties to  pay for                                                               
physicals. In those cases, ACSA will support the agreements.                                                                    
                                                                                                                                
6:25:14 PM                                                                                                                    
SENATOR  GARDNER suggested  that  it  is more  direct  to say  "a                                                               
school district may pay the cost of physical examinations."                                                                     
                                                                                                                                
SENATOR  HUGGINS commented  that  "not required"  allows them  to                                                               
pay, but it does not imply that they will pay.                                                                                  
                                                                                                                                
CHAIR DUNLEAVY asked if she is requesting the original language.                                                                
                                                                                                                                
SENATOR GARDNER  clarified, in keeping  with the language  in the                                                               
previous  sentence,  "they may  require  it,"  she is  suggesting                                                               
"they may pay."                                                                                                                 
                                                                                                                                
MS. PARADY appreciated the simpler  language, but said it has the                                                               
connotation  that they  won't pay  unless there  is an  agreement                                                               
that  they do.  She  wanted the  schools to  pay  when there  are                                                               
agreements to do so.                                                                                                            
                                                                                                                                
SENATOR GARDNER withdrew her objection  to Conceptual Amendment 1                                                               
to Amendment 2.                                                                                                                 
                                                                                                                                
CHAIR DUNLEAVY withdrew  his objection to Amendment  2. Seeing no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
6:26:55 PM                                                                                                                    
SENATOR  HUGGINS   moved  to  adopt  Amendment   3,  labeled  29-                                                               
LS0566\X.A.3:                                                                                                                   
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to questionnaires and surveys                                                                      
     administered in public schools;"                                                                                         
                                                                                                                                
     Page 14, following line 5:                                                                                                 
          Insert a new bill section to read:                                                                                    
          "* Sec. 16. Section 4, ch. 2, SSSLA 2015 is                                                                       
     repealed."                                                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 12:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
     Page 14, line 15:                                                                                                          
          Delete "secs. 17 and 18"                                                                                              
          Insert "secs. 18 and 19"                                                                                              
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
MS. MCDONALD read Amendment 3.                                                                                                  
                                                                                                                                
NORM  WOOTEN, Executive  Director, Association  Alaska of  School                                                               
Boards  (AASB), presented  information  on Amendment  3. He  said                                                               
that  AASB  administers  the  School  Climate  and  Connectedness                                                               
Survey  (SCCS) that  is given  to about  35 districts  throughout                                                               
Alaska each  year. He clarified that  the surveys do not  ask for                                                               
private student  information, but  are to improve  school climate                                                               
and eliminate  destructive behaviors. The information  is used to                                                               
teach healthy behaviors.  The survey is available  for parents to                                                               
look at and parents are allowed to opt out, but very few do.                                                                    
                                                                                                                                
6:29:58 PM                                                                                                                    
CHAIR  DUNLEAVY  withdrew  his  objection  and  Amendment  3  was                                                               
adopted.                                                                                                                        
                                                                                                                                
SENATOR  HUGGINS   moved  to  adopt  Amendment   4,  labeled  29-                                                               
LS0566\X.A.4:                                                                                                                   
                                                                                                                                
     Page 1, line 5, following "regulation;":                                                                                 
          Insert "relating to suicide awareness and                                                                           
     prevention training;"                                                                                                    
                                                                                                                                
     Page 8, line 12:                                                                                                           
          Delete "at a school receives"                                                                                         
          Insert "by the district receive [AT A SCHOOL                                                                      
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 8, line 13:                                                                                                           
          Delete "at each school receives"                                                                                      
          Insert "by the district receive [AT EACH SCHOOL                                                                   
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 9, line 19:                                                                                                           
          Delete "at a school receives"                                                                                         
          Insert "by the district receive [AT A SCHOOL                                                                      
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 9, line 21:                                                                                                           
          Delete "at each school receives"                                                                                      
          Insert "by the district receive [AT EACH SCHOOL                                                                   
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 11, line 1:                                                                                                           
          Delete "at a school receives"                                                                                         
          Insert "by the district receive [AT A SCHOOL                                                                      
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 11, line 2:                                                                                                           
          Delete "at each school receives"                                                                                      
          Insert "by the district receive [AT EACH SCHOOL                                                                   
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 12, line 14:                                                                                                          
          Delete "at a school receives"                                                                                         
          Insert "by the district receive [AT A SCHOOL                                                                      
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 12, line 16:                                                                                                          
          Delete "at each school receives"                                                                                      
          Insert "by the district receive [AT EACH SCHOOL                                                                   
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 13, line 8:                                                                                                           
          Delete "at a school receives"                                                                                         
          Insert "by the district receive [AT A SCHOOL                                                                      
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 13, line 9:                                                                                                           
          Delete "at each school receives"                                                                                      
          Insert "by the district receive [AT EACH SCHOOL                                                                   
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 14, line 2:                                                                                                           
          Delete "at a school receives"                                                                                         
          Insert "by the district receive [AT A SCHOOL                                                                      
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 14, line 3:                                                                                                           
          Delete "at each school receives"                                                                                      
          Insert "by the district receive [AT EACH SCHOOL                                                                   
     RECEIVES]"                                                                                                                 
                                                                                                                                
     Page 14, following line 4:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 15.  AS 14.30.362(a),  added by sec. 15, ch.                                                                
     2, SSSLA 2015, is amended to read:                                                                                         
          Sec. 14.30.362. Suicide awareness and prevention                                                                    
     training.  (a) A  school  district  and the  department                                                                  
     shall  provide youth  suicide awareness  and prevention                                                                    
     training approved by the  commissioner to each teacher,                                                                    
     administrator,   counselor,  and   specialist  who   is                                                                    
     employed  by  the  district or  department  to  provide                                                                    
     services to students [IN GRADES  SEVEN THROUGH 12] in a                                                                    
     public school in  the state at no cost  to the teacher,                                                                    
     administrator, counselor, or specialist."                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 12:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
     Page 14, following line 14:                                                                                                
          Insert a new bill section to read:                                                                                    
        "* Sec. 20.  Section 15  of this Act takes effect on                                                                
     the effective date of sec. 15, ch. 2, SSSLA 2015."                                                                         
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
     Page 14, line 15:                                                                                                          
          Delete "secs. 17 and 18"                                                                                              
          Insert "secs. 18 - 20"                                                                                                
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.  He said that Amendment 4                                                               
is an effort by several agencies.                                                                                               
                                                                                                                                
MS. MCDONALD  explained Amendment  4 makes  technical corrections                                                               
to  HB 44  trainings. It  replaces "school"  with "district"  and                                                               
removes "in grades seven through 12."                                                                                           
                                                                                                                                
6:31:23 PM                                                                                                                    
SUSAN  MCCAULEY, Interim  Commissioner,  Department of  Education                                                               
and  Early Development  (DEED), explained  the change  in wording                                                               
from  "school"  to "district"  is  in  response  to a  belief  in                                                               
districts  that  quantifying data  at  the  school level  may  be                                                               
overly  burdensome.  When a  school  or  district  is held  to  a                                                               
certain percentage  of its  educators who  need to  have received                                                               
training, and the  tracking of meeting that percentage  is at the                                                               
school  level, it  can  vary widely  year to  year.  She gave  an                                                               
example. Amendment  4 deals with  accountability at  the district                                                               
level, which  is far easier to  track, rather than at  the school                                                               
level.                                                                                                                          
                                                                                                                                
6:33:25 PM                                                                                                                    
CHAIR  DUNLEAVY  withdrew  his  objection  and  Amendment  4  was                                                               
adopted.                                                                                                                        
                                                                                                                                
SENATOR  HUGGINS   moved  to  adopt  Amendment   5,  labeled  29-                                                               
LS0566\X.A.5:                                                                                                                   
                                                                                                                                
     Page 1, line 5, following "regulations;":                                                                                
          Insert "relating to contracts for student                                                                           
     assessments;"                                                                                                            
                                                                                                                                
     Page 14, following line 4:                                                                                                 
          Insert a new bill section to read:                                                                                    
       "* Sec. 15. AS 36.30.850(b) is amended by adding a                                                                   
     new paragraph to read:                                                                                                     
               (47)   contracts   of   the   Department   of                                                                    
    Education   and    Early   Development    for   student                                                                     
    assessments    required    under    AS 14.03.123    and                                                                     
     AS 14.07.020."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 12:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
     Page 14, line 15:                                                                                                          
          Delete "secs. 17 and 18"                                                                                              
          Insert "secs. 18 and 19"                                                                                              
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
6:33:56 PM                                                                                                                    
MS.  MCDONALD  explained  Amendment  5  would  exempt  DEED  from                                                               
procurement  exemption   for  the  purposes  of   a  standardized                                                               
assessment.                                                                                                                     
                                                                                                                                
DR. MCCAULEY clarified  that Amendment 5 is in  a statute related                                                               
to  the  state's  procurement  code.  It  adds  to  the  list  of                                                               
exemptions  in  the  state  mandated  procurement  code  for  the                                                               
purposes of standardized assessments.  The state would still need                                                               
to  go through  a process  for  selecting an  assessment, but  it                                                               
would not hold the state  to expectations of the procurement code                                                               
and process which requires a formal  RFP, bids or proposals to be                                                               
submitted,  a committee  to  be formed,  scoring  criteria to  be                                                               
considered, and  time constraints.  It may or  may not  result in                                                               
putting   the  state   in  the   best   position  to   negotiate,                                                               
financially,  for an  assessment; is  not a  speedy or  efficient                                                               
process. She gave  an example of states that  have this exemption                                                               
and more  flexibility in selecting  a vendor. The state  would be                                                               
freer using an RFI and could negotiate directly with vendors.                                                                   
                                                                                                                                
6:37:27 PM                                                                                                                    
SENATOR GARDNER  noted there is  an RFP process that  is supposed                                                               
to safeguard  state purchasing, but  cost more in some  ways. She                                                               
asked  if the  amendment  provides flexibility  and makes  things                                                               
faster and cheaper.                                                                                                             
                                                                                                                                
DR. MCCAULEY said there are  current circumstances that make this                                                               
amendment necessary, but she thought  it would also be applicable                                                               
in the  future. Current circumstances  include a  short timeline.                                                               
The previous process did not result in a satisfactory result.                                                                   
                                                                                                                                
She gave  examples of similar  exemptions within  the procurement                                                               
code.                                                                                                                           
                                                                                                                                
She  commented on  the high  level of  engagement by  the working                                                               
group  of superintendents.  The procurement  process is  limiting                                                               
and  closely governed.  She opined  that it  is possible,  if not                                                               
probable, that  a better  process is  needed in  order to  have a                                                               
better outcome.                                                                                                                 
                                                                                                                                
6:40:43 PM                                                                                                                    
SENATOR GARDNER agreed  that if the process  limits engagement to                                                               
the extent that  there are 47 waivers there might  be a different                                                               
problem than Amendment 5 fixes.                                                                                                 
                                                                                                                                
CHAIR  DUNLEAVY  removed  his   objection  and  Amendment  5  was                                                               
adopted.                                                                                                                        
                                                                                                                                
6:41:05 PM                                                                                                                    
SENATOR HUGGINS moved Amendment 6, labeled 29-LS0566\X.A.6:                                                                     
                                                                                                                                
     Page 1, line 5, following "regulations;":                                                                                
          Insert "repealing the minimum expenditure for                                                                       
     instruction for school districts;"                                                                                       
                                                                                                                                
     Page 14, following line 4:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 15. AS 14.17.520 is repealed."                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 12:                                                                                                          
          Delete "Section 16"                                                                                                   
          Insert "Section 17"                                                                                                   
                                                                                                                                
     Page 14, line 15:                                                                                                          
          Delete "secs. 17 and 18"                                                                                              
          Insert "secs. 18 and 19"                                                                                              
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
MS. MCDONALD explained  Amendment 6 repeals the  70 percent rule.                                                               
This repeal  has been requested  by the AASB Resolution  2.20 and                                                               
the Alaska  State Board of  Education. They feel the  rule itself                                                               
applies an arbitrary percentage to a complex system.                                                                            
                                                                                                                                
6:41:34 PM                                                                                                                    
DR.  PARADY  spoke in  support  of  Amendment  6, to  repeal  the                                                               
minimum expenditure  for instruction  for school  districts. Last                                                               
year  there  were 24  school  districts  that  had to  request  a                                                               
waiver.  She  noted  that  historically  up  to  half  of  school                                                               
districts require  a waiver each  year. She maintained  the 70/30                                                               
percent  requirement  was  arbitrary  to  begin  with.  She  said                                                               
numerous  rural districts  are structurally  unable  to meet  the                                                               
requirement.  She described  the  two patterns  of waivers  rural                                                               
sites are  requesting - districts  with budgets of $3  million or                                                               
less  and  districts  with operations  and  maintenance  over  20                                                               
percent of the operating fund budget.                                                                                           
                                                                                                                                
She  said  there already  is  a  mechanism  in place  to  monitor                                                               
district  spending. Budget  reviews will  continue to  take place                                                               
without  the  70/30  rule.  The State  Board  of  Education  also                                                               
supports Amendment 6.                                                                                                           
                                                                                                                                
6:44:51 PM                                                                                                                    
SENATOR  GARDNER asked  Dr. McCauley  if  there is  any value  in                                                               
retaining the 70/30 language.                                                                                                   
                                                                                                                                
DR.  MCCAULEY said  the school  board felt  that due  to all  the                                                               
waivers  there was  something  wrong with  the  70 percent  rule.                                                               
Also, the  time it takes  to justify  those numbers is  no longer                                                               
justified.  She  said  the  original   intent  was  valuable,  to                                                               
prioritize  that money  be spent  on instruction,  however, there                                                               
are other methods that account for spending.                                                                                    
                                                                                                                                
6:47:04 PM                                                                                                                    
SENATOR GARDNER  asked whether,  with passage  of Amendment  6, a                                                               
smaller portion of school funds is going to go into instruction.                                                                
                                                                                                                                
DR. MCCAULEY did  not assume that. She opined  that schools would                                                               
continue to spend as much, or more, on instruction.                                                                             
                                                                                                                                
CHAIR DUNLEAVY  recalled the  history of the  rule. He  said over                                                               
time it  has become more  of an  exercise. Once it  is determined                                                               
what schools should be measuring,  resources will be allocated to                                                               
support outcomes.                                                                                                               
                                                                                                                                
6:48:50 PM                                                                                                                    
CHAIR  DUNLEAVY  removed  his   objection  and  Amendment  6  was                                                               
adopted.                                                                                                                        
                                                                                                                                
6:48:58 PM                                                                                                                    
CHAIR DUNLEAVY opened public testimony.                                                                                         
                                                                                                                                
6:49:34 PM                                                                                                                    
DAVID NEES,  representing himself, testified in  opposition to HB
156. He  spoke in opposition to  Amendment 6. He opined  that the                                                               
bill  will eliminate  accountability  at the  local and  district                                                               
levels, and  the responsibility will  fall to the  legislature if                                                               
there is  an issue.  ESSA is required  by the  federal government                                                               
and has a  fine if it is  not used. He said he  is also concerned                                                               
with other aspects of the bill.                                                                                                 
                                                                                                                                
CHAIR DUNLEAVY noted the bill will be held over.                                                                                
                                                                                                                                
6:53:20 PM                                                                                                                    
JACK WALSH,  Superintendent, Craig School District,  testified in                                                               
support of HB 156. He spoke  of the accommodations that will make                                                               
it  easier for  districts  to  meet the  intent  of  the law.  He                                                               
commented  on  Amendment  6 and  described  the  difficulties  of                                                               
smaller districts. He agreed the 70  percent rule is not the only                                                               
measure of accountability  and that schools will  continue to put                                                               
resources into the classrooms.                                                                                                  
                                                                                                                                
6:56:25 PM                                                                                                                    
BARBARA  HANEY,   representing  herself,  testified   in  general                                                               
support of HB  156. She had some concerns with  the waiver of the                                                               
procurement  process  for  assessments. She  suggested  including                                                               
parent input more.                                                                                                              
                                                                                                                                
6:57:37 PM                                                                                                                    
SENATOR  GARDNER asked  about her  concerns with  the procurement                                                               
code waiver.                                                                                                                    
                                                                                                                                
DR. HANEY  believed that  all state  resources should  go through                                                               
the procurement  process. She said  other states have  had issues                                                               
when they did not follow  procurement processes. She suggested to                                                               
have a streamlined process.                                                                                                     
                                                                                                                                
6:59:09 PM                                                                                                                    
ED GRAY,  representing himself, testified  in support of  HB 156.                                                               
He spoke about parental rights.  He said there was no partnership                                                               
with  the state  by the  federal government  and federal  law was                                                               
imposed on  schools. He encouraged  parents to  be a part  of the                                                               
conversation.                                                                                                                   
                                                                                                                                
CHAIR DUNLEAVY commented that many  are concerned with imposition                                                               
by the  state and the  federal government leading  to discontent.                                                               
He concurred with Mr. Gray and others regarding parent rights.                                                                  
                                                                                                                                
7:03:33 PM                                                                                                                    
MS. PARADY  spoke as  the ASSA executive  director and  said ASSA                                                               
has concerns about  having a robust accountability  system and an                                                               
on-going  working  group  involved  in the  process.  She  voiced                                                               
appreciation for the  sponsor saying he wants to  "do this right,                                                               
not  fast."  She  noted  the  indeterminate  fiscal  note  causes                                                               
concern  regarding  federal   funding  because  districts  cannot                                                               
survive without Title funds.                                                                                                    
                                                                                                                                
CHAIR  DUNLEAVY   appreciated  the  sponsor  bringing   the  bill                                                               
forward.   He  discussed   his   discontent   with  the   federal                                                               
government. In 2001 this component  was put into NCLB because the                                                               
federal government  thought that schools  would try to  mask low-                                                               
performing sub groups. He said this  bill is close to calling the                                                               
federal government's  bluff and  he is willing  to find  out what                                                               
the consequences  are. He  did not  see the  sponsor or  the body                                                               
putting Alaska on a suicide mission with the federal government.                                                                
                                                                                                                                
7:07:51 PM                                                                                                                    
SENATOR GARDNER  commented that the  bill requires a  hiatus from                                                               
assessments and  emphasizes local control. She  asked whether the                                                               
bill prohibits districts from offering assessments.                                                                             
                                                                                                                                
MS. PARADY opined that it does not.                                                                                             
                                                                                                                                
7:08:49 PM                                                                                                                    
DR.  MCCAULEY addressed  Senator  Gardner's  question saying  the                                                               
language does not prohibit a  district from administering a state                                                               
assessment; it says  the state may not require  a school district                                                               
or   a  school   to   administer   a  statewide   standards-based                                                               
assessment.  The problem  Dr.  Parady spoke  to  is that  federal                                                               
language requires DEED  to assess all students in  grades 3-8 and                                                               
once  in high  school.  The concern  is if  that  is the  federal                                                               
requirement, it  is possible,  and quite  likely, that  the state                                                               
will be out of compliance with federal law.                                                                                     
                                                                                                                                
The  indeterminate fiscal  note reflects  that concern.  The bill                                                               
speaks to  a two-year hiatus, and  within that time period  a new                                                               
state plan must  be offered to comply with ESSA.  It is not known                                                               
what the  ramifications may  be. Title funding  might be  at risk                                                               
for the  amount of $99 million,  which is why the  fiscal note is                                                               
indeterminate up to $99 million.                                                                                                
                                                                                                                                
7:11:54 PM                                                                                                                    
CHAIR DUNLEAVY  concluded that  the ship  has already  sailed and                                                               
the department has already suspended  the AMP assessments. No one                                                               
wants to  endanger Alaska, but  the state  needs to find  out the                                                               
consequences,  in  light  of  lack of  response  by  the  federal                                                               
government.                                                                                                                     
                                                                                                                                
7:12:55 PM                                                                                                                    
SENATOR  GARDNER agreed  they are  important considerations.  She                                                               
asked if  a district wants to  assess their students, is  there a                                                               
path to do so, a test to use, and a cost.                                                                                       
                                                                                                                                
DR. MCCAULEY  said the  assessment mentioned in  the bill  is not                                                               
relevant to what districts might  choose should they want to test                                                               
locally.  It  is  speaking specifically  to  the  state  mandated                                                               
assessment, not the  ones districts could use. The  bill does not                                                               
pertain  to assessments  in general.  Districts  could choose  to                                                               
administer  the  state  mandated  assessment, but  they  are  not                                                               
required to do so.                                                                                                              
                                                                                                                                
SENATOR GARDNER asked, if a  district wanted to do an assessment,                                                               
could they use the NAPE test.                                                                                                   
                                                                                                                                
7:15:13 PM                                                                                                                    
DR. MCCAULEY said it would  not meet federal requirements in many                                                               
ways.                                                                                                                           
                                                                                                                                
SENATOR  GARDNER asked  if it  could be  adapted to  meet federal                                                               
requirements.                                                                                                                   
                                                                                                                                
DR. MCCAULY did not believe so.                                                                                                 
                                                                                                                                
7:17:54 PM                                                                                                                    
CHAIR DUNLEAVY held HB 156 in committee with public testimony                                                                   
open.                                                                                                                           
                                                                                                                                
7:18:03 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Dunleavy adjourned the Senate Education Standing Committee                                                                
at 7:18 p.m.                                                                                                                    

Document Name Date/Time Subjects
Current Version - HB 156 X.A.PDF SEDC 4/12/2016 6:00:00 PM
HB 156
CSHB 156 - Fiscal Note.pdf SEDC 4/12/2016 6:00:00 PM
HB 156
CSHB 156 Floor Amendment Summary.pdf SEDC 4/12/2016 6:00:00 PM
HB 156