Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/17/2012 08:00 AM EDUCATION


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08:03:16 AM Start
08:03:41 AM SB194
08:46:45 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 182 PUPIL TRANSPORTATION FUNDING TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 194 PROCEDURES FOR LOW-PERFORMING SCHOOLS
Moved CSSB 194(EDC) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                       February 17, 2012                                                                                        
                           8:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Kevin Meyer, Co-Chair                                                                                                   
Senator Joe Thomas, Co-Chair                                                                                                    
Senator Bettye Davis, Vice Chair                                                                                                
Senator Hollis French                                                                                                           
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 194                                                                                                             
"An  Act providing  for a  school improvement  and revitalization                                                               
procedure in  the Department of Education  and Early Development;                                                               
establishing  advisory  councils   for  school  improvement;  and                                                               
requiring reports to the legislature."                                                                                          
                                                                                                                                
     - MOVED CSSB 194(EDC) OUT OF COMMITTEE                                                                                     
                                                                                                                                
SENATE BILL NO. 182                                                                                                             
"AN ACT AMENDING THE AMOUNT OF STATE FUNDING PROVIDED TO SCHOOL                                                                 
DISTRICTS FOR PUPIL TRANSPORTATION."                                                                                            
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 194                                                                                                                  
SHORT TITLE: PROCEDURES FOR LOW-PERFORMING SCHOOLS                                                                              
SPONSOR(s): EDUCATION                                                                                                           
                                                                                                                                
02/08/12       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/12       (S)       EDC, FIN                                                                                               
02/13/12       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
02/13/12       (S)       Heard & Held                                                                                           
02/13/12       (S)       MINUTE(EDC)                                                                                            
02/15/12       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
02/15/12       (S)       Heard & Held                                                                                           
02/15/12       (S)       MINUTE(EDC)                                                                                            
02/17/12       (S)       EDC AT 8:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MURRAY RICHMOND, Staff                                                                                                          
Senator Joe Thomas                                                                                                              
Co-Aide                                                                                                                         
Senate Education Standing Committee                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT: Reviewed  the  committee  substitute for  SB                                                             
194.                                                                                                                            
                                                                                                                                
LES MORSE, Deputy Commissioner                                                                                                  
Department of Education and Early Development                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Neutral  on SB 194. He  answered questions on                                                             
the committee substitute.                                                                                                       
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:03:16 AM                                                                                                                    
CO-CHAIR  JOE   THOMAS  called  the  Senate   Education  Standing                                                             
Committee meeting  to order at 8:03  a.m. Present at the  call to                                                               
order were  Senators Davis, Stevens,  French, Co-Chair  Meyer and                                                               
Co-Chair Thomas                                                                                                                 
                                                                                                                                
          SB 194-PROCEDURES FOR LOW-PERFORMING SCHOOLS                                                                      
                                                                                                                                
8:03:41 AM                                                                                                                    
CO-CHAIR THOMAS announced the consideration of SB 194.                                                                          
                                                                                                                                
8:03:53 AM                                                                                                                    
CO-CHAIR MEYER [moved to adopt  CSSB 194( ), labeled 27-LS1190\I,                                                               
as the working document.]                                                                                                       
                                                                                                                                
8:04:06 AM                                                                                                                    
CO-CHAIR THOMAS objected for the purposes of discussion.                                                                        
                                                                                                                                
8:04:26 AM                                                                                                                    
MURRAY   RICHMOND,  Staff   to  Senator   Thomas,  Alaska   State                                                               
Legislature,  and  co-aide  to   the  Senate  Education  Standing                                                               
Committee, reviewed  the committee  substitute (CS). He  said the                                                               
first  change  was  on  page  two,  line  15,  "highly  qualified                                                               
teachers" was changed  to "high quality teachers."  He said there                                                               
was  a   terminology  conflict  with   the  U.S.   Department  of                                                               
Education.                                                                                                                      
                                                                                                                                
He said the next  change was on page three, lines  27, 28 and 30,                                                               
the term  "the degree of" was  added to assist with  defining the                                                               
requirements of audits.                                                                                                         
                                                                                                                                
He said the next change was  on page four, line eight, "school or                                                               
district" was changed to "school."                                                                                              
                                                                                                                                
MR.   RICHMOND  said   "governance   council"   was  changed   to                                                               
"revitalization advisory council."                                                                                              
                                                                                                                                
He said  on page  four, lines  10 and  11, added  "in conjunction                                                               
with  the local  school  board and  the district  superintendent,                                                               
may."                                                                                                                           
                                                                                                                                
He  said the  next change  was on  page four,  line 25,  added "a                                                               
school that  has not been  designated as a  revitalization school                                                               
may request the local school  board to establish a revitalization                                                               
advisory council."                                                                                                              
                                                                                                                                
8:07:28 AM                                                                                                                    
SENATOR STEVENS  asked to clarify  that a school may  request its                                                               
school board to establish a RAC.                                                                                                
                                                                                                                                
MR.  RICHMOND answered  correct.  He said  a non-designated  low-                                                               
performing school may request their  school board to receive DEED                                                               
approval for RAC.                                                                                                               
                                                                                                                                
SENATOR  STEVENS  asked to  clarify  that  a school  board  shall                                                               
establish a RAC when designated as low-performing by DEED.                                                                      
                                                                                                                                
MR. RICHMOND answered yes.                                                                                                      
                                                                                                                                
CO-CHAIR THOMAS  commented that he hoped  everyone understood the                                                               
distinction that allowed  a school to request  their school board                                                               
to establish a RAC prior to low-performing designation.                                                                         
                                                                                                                                
CO-CHAIR MEYER commented  that a RAC would consist  of 13 members                                                               
and addressed his concerns for  filling positions in rural areas.                                                               
He asked  how the RAC  size was chosen and  was 13 members  a set                                                               
number.                                                                                                                         
                                                                                                                                
CO-CHAIR THOMAS  responded that  RAC participants  increased when                                                               
additional school  board members were  added. He said  the intent                                                               
was to  involve more  community members and  noted that  less RAC                                                               
members made sense in areas with smaller school boards.                                                                         
                                                                                                                                
8:11:48 AM                                                                                                                    
CO-CHAIR MEYER commented  that he would like  flexibility for RAC                                                               
member size.                                                                                                                    
                                                                                                                                
MR. RICHMOND  said there was a  provision in the bill  for a one-                                                               
school district to receive a waiver  for RAC member size. He said                                                               
the RAC member size waiver could be expanded.                                                                                   
                                                                                                                                
SENATOR STEVENS  commented that  a change to  RAC was  to include                                                               
the addition of  two to four school board members.  He asked if a                                                               
provision to include school board  members was removed during the                                                               
editing process.                                                                                                                
                                                                                                                                
MR.  RICHMOND  responded  that during  the  editing  process  the                                                               
school boards  were given the  option of appointing  school board                                                               
members.                                                                                                                        
                                                                                                                                
CO-CHAIR  THOMAS said  Senator Stevens'  concern was  that school                                                               
board representation was optional rather than mandatory.                                                                        
                                                                                                                                
8:14:20 AM                                                                                                                    
SENATOR  STEVENS said  school board  members  should be  directly                                                               
involved in RAC to act as a non-quorum liaison.                                                                                 
                                                                                                                                
MR. RICHMOND responded that the school board appointed the RAC.                                                                 
                                                                                                                                
SENATOR STEVENS replied that he understood that.                                                                                
                                                                                                                                
SENATOR  DAVIS  commented  that  the  language  did  not  include                                                               
mandatory RAC school board appointments.                                                                                        
                                                                                                                                
CO-CHAIR THOMAS  responded that  an additional  RAC configuration                                                               
requirement could include up to three school board members.                                                                     
                                                                                                                                
SENATOR  STEVENS commented  that school  board members  could not                                                               
have a quorum in RAC.                                                                                                           
                                                                                                                                
MR. RICHMOND  responded that school  board representation  in RAC                                                               
was addressed in section (d).                                                                                                   
                                                                                                                                
SENATOR DAVIS commented that five  member school boards could not                                                               
have more than two RAC representatives.                                                                                         
                                                                                                                                
MR. RICHMOND answered correct.                                                                                                  
                                                                                                                                
SENATOR DAVIS commented  on RAC membership within  the parent and                                                               
community cohorts. She  asked if the parent  and community leader                                                               
cohorts be reduced  from four to three members in  order to allow                                                               
for  two  school board  members  to  be  included as  a  separate                                                               
category.                                                                                                                       
                                                                                                                                
CO-CHAIR THOMAS answered yes.                                                                                                   
                                                                                                                                
8:17:41 AM                                                                                                                    
SENATOR FRENCH  asked if DEED  knew which  low-performing schools                                                               
would fall in  the 3 percentile group. He said  there was concern                                                               
with not enough bodies to  go around and knowing specific schools                                                               
could assist with defining RAC membership.                                                                                      
                                                                                                                                
CO-CHAIR THOMAS  answered that he  did not know if  schools could                                                               
be  identified in  advance.  He  said RAC  member  size could  be                                                               
changed  in addition  to  adding an  assurance  for school  board                                                               
participation.                                                                                                                  
                                                                                                                                
SENATOR FRENCH  responded that  he would  go along  with whatever                                                               
the committee thought best.                                                                                                     
                                                                                                                                
SENATOR  STEVENS  asked if  there  would  always be  17  councils                                                               
operating in the state.                                                                                                         
                                                                                                                                
MR. RICHMOND  responded that 3  percent of the  lowest performing                                                               
schools  would have  a RAC.  He said  the current  number was  17                                                               
schools.                                                                                                                        
                                                                                                                                
CO-CHAIR  THOMAS asked  if  the committee  should  set a  maximum                                                               
number or make RAC membership flexible.                                                                                         
                                                                                                                                
8:19:59 AM                                                                                                                    
CO-CHAIR  MEYER  responded  that  he  would  prefer  to  go  with                                                               
flexibility due to unknown population parameters.                                                                               
                                                                                                                                
MR. RICHMOND  responded that  requiring 13  RAC members  could be                                                               
eliminated and flexibility provided for participant cohorts.                                                                    
                                                                                                                                
SENATOR STEVENS  responded that RAC  size flexibility was  a good                                                               
idea. He said some RAC members might represent multiple cohorts.                                                                
                                                                                                                                
MR. RICHMOND said changes could  be made to adjust cohort numbers                                                               
and a proviso added for smaller school boards.                                                                                  
                                                                                                                                
SENATOR FRENCH  commented that  the term "one  or more"  could be                                                               
added to parent, community, teacher  and school board cohorts. He                                                               
said  the  remaining  cohorts  would be  noted  as  having  "one"                                                               
representative.                                                                                                                 
                                                                                                                                
8:22:58 AM                                                                                                                    
CO-CHAIR THOMAS responded that would  be acceptable. He suggested                                                               
that parents  and community leader  cohorts be changed  from four                                                               
to two representatives.                                                                                                         
                                                                                                                                
MR. RICHMOND  asked if a school  board cohort should be  added to                                                               
the required RAC appointments.                                                                                                  
                                                                                                                                
SENATOR FRENCH responded  yes. He said at least  one school board                                                               
member should  be appointed  and noted  that an  individual could                                                               
count in multiple cohorts.                                                                                                      
                                                                                                                                
MR.  RICHMOND  recommended  that  only school  board  members  be                                                               
allowed  to  nominate  parents  and  community  leaders  for  RAC                                                               
selection.                                                                                                                      
                                                                                                                                
SENATOR  FRENCH concurred  that  consolidating nomination  within                                                               
the school board would remove an added decision layer.                                                                          
                                                                                                                                
CO-CHAIR THOMAS  summarized that  the committee was  in agreement                                                               
that school  boards with five  or fewer members would  be allowed                                                               
to  select two  board  members  for RAC.  He  said larger  school                                                               
boards would  have at  least three  RAC members  with flexibility                                                               
provided for parent and community leader selection.                                                                             
                                                                                                                                
8:25:20 AM                                                                                                                    
SENATOR FRENCH  said he  agreed that a  RAC would  include school                                                               
board members without forming a  quorum, flexibility provided for                                                               
RAC membership  and allow individuals  to represent  multiple RAC                                                               
cohorts.                                                                                                                        
                                                                                                                                
MR.  RICHMOND said  page seven,  lines 15-18,  a requirement  was                                                               
added  for  a  school  board  to   report  to  DEED  when  a  RAC                                                               
revitalization  model  was rejected.  He  said  the report  would                                                               
provide DEED with information on RAC model effectiveness.                                                                       
                                                                                                                                
He said  page seven,  lines 19-24, would  allow school  boards to                                                               
accept all or part of a RAC revitalization model.                                                                               
                                                                                                                                
8:29:08 AM                                                                                                                    
MR.  RICHMOND  said language  was  deleted  regarding DEED  being                                                               
required to adjudicate between the RAC and the school board.                                                                    
                                                                                                                                
CO-CHAIR THOMAS asked if a conceptual amendment should be done.                                                                 
                                                                                                                                
SENATOR DAVIS recommended that changes be made by the Education                                                                 
Committee rather than the Finance Committee.                                                                                    
                                                                                                                                
MR. RICHMOND asked if a bill may be passed out of committee with                                                                
changes that are not formally adopted.                                                                                          
                                                                                                                                
8:30:50 AM                                                                                                                    
At ease from` 8:30 a.m. to 8:33 a.m.                                                                                            
                                                                                                                                
8:33:00 AM                                                                                                                    
CO-CHAIR THOMAS asked if Senator French had an amendment to                                                                     
present.                                                                                                                        
                                                                                                                                
SENATOR FRENCH answered yes and presented an amendment for                                                                      
adoption.                                                                                                                       
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
     Page 4, line 31:                                                                                                           
          Insert "up to" prior to the number "13"                                                                               
                                                                                                                                
     Page 5, line 2:                                                                                                            
          Delete "four"                                                                                                         
          Insert "one or more"                                                                                                  
                                                                                                                                
     Page 5, line 4:                                                                                                            
          Delete "four"                                                                                                         
          Insert "one or more"                                                                                                  
                                                                                                                                
     Page 5, line 6:                                                                                                            
          Delete "two"                                                                                                          
          Insert "one or more"                                                                                                  
                                                                                                                                
     Page 5, after line 10, subsection 7:                                                                                       
          Insert "one or more members of the school board"                                                                      
                                                                                                                                
     Page 5, line 3:                                                                                                            
          Delete "nominated by parents or guardians of the                                                                      
                  school"                                                                                                       
                                                                                                                                
     Page 5, line 5:                                                                                                            
          Delete "nominated by the members selected under                                                                       
                  (1) and (3) of this subsection"                                                                               
                                                                                                                                
He  said section  (d), properly  stated that  individuals may  be                                                               
from  multiple cohorts  and the  amount of  school board  members                                                               
serving on RAC could not be a quorum.                                                                                           
                                                                                                                                
CO-CHAIR  THOMAS asked  if  page 5,  lines  11-14, was  agreeable                                                               
regarding RAC appointments for school  boards with more than five                                                               
members having  up to three  members and school boards  with five                                                               
or fewer members may appoint up to two members.                                                                                 
                                                                                                                                
SENATOR FRENCH answered yes, as long  as the school board did not                                                               
form a RAC quorum.                                                                                                              
                                                                                                                                
8:37:31 AM                                                                                                                    
CO-CHAIR  THOMAS said  Amendment  1 was  officially accepted  and                                                               
asked if  there was an  objection. He said hearing  no objection,                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
CO-CHAIR THOMAS said he would remove  the objection to the CS. He                                                               
asked if there were further objections.                                                                                         
                                                                                                                                
SENATOR  STEVENS  said  he  would  like to  hear  from  DEED  for                                                               
comments  on  the  current  intervention   system  and  what  the                                                               
proposed RAC model would do.                                                                                                    
                                                                                                                                
8:38:55 AM                                                                                                                    
LES  MORSE,  Deputy  Commissioner, Department  of  Education  and                                                               
Early Development,  Juneau, said  the department does  not insist                                                               
on RAC  for the current  intervention system. He said  the member                                                               
makeup for the  proposed RAC was not the model  currently used in                                                               
intervention  areas that  require  advisory  committees. He  said                                                               
DEED   was  presently   not   directly   engaged  with   advisory                                                               
committees. He  said school  principals received  good leadership                                                               
practices support and the same  training was available to others,                                                               
but not required.                                                                                                               
                                                                                                                                
He said  DEED would  strive to implement  a consistent  RAC model                                                               
for all low-performing schools.                                                                                                 
                                                                                                                                
8:41:12 AM                                                                                                                    
SENATOR  STEVENS asked  how long  the current  intervention model                                                               
had been in place.                                                                                                              
                                                                                                                                
MR.  MORSE  answered three  years  for  the current  intervention                                                               
program with coaching support. He  said the previous intervention                                                               
without coaching support dated back to 1985.                                                                                    
                                                                                                                                
SENATOR  FRENCH asked  which  schools might  be  involved in  the                                                               
lower 3  percent. He also asked  if the list would  be similar to                                                               
the schools mentioned in the Moore Case.                                                                                        
                                                                                                                                
MR. MORSE  answered that he  could not predict  specific schools,                                                               
but  the  districts noted  in  the  Moore  Case would  likely  be                                                               
consistent with the districts in the lower 3 percent.                                                                           
                                                                                                                                
8:43:55 AM                                                                                                                    
SENATOR  STEVENS asked  if the  department's  ability to  enforce                                                               
financial accountability would be impacted.                                                                                     
                                                                                                                                
MR. MORSE answered  that he did not believe it  would. He said he                                                               
believed  the  intent  was  to   engage  the  community  and  the                                                               
department would  not be prevented  from doing the work  it needs                                                               
to do.                                                                                                                          
                                                                                                                                
CO-CHAIR  THOMAS responded  that the  intent was  to enhance  and                                                               
work with DEED to try and solve intervention district problems.                                                                 
                                                                                                                                
CO-CHAIR THOMAS said the committee  adopted the amendment and his                                                               
objection for the CS was removed.                                                                                               
                                                                                                                                
8:45:56 AM                                                                                                                    
CO-CHAIR  MEYER  moved  to  report  CSSB 194(  ),  version  I  as                                                               
conceptionally  amended   from  the  committee   with  individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS said  there being  no  objection, CSSB  194(EDC)                                                               
moved from the Senate Education Standing Committee.                                                                             
                                                                                                                                
8:46:45 AM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Co-Chair   Thomas  adjourned   the   Senate  Education   Standing                                                               
Committee meeting at 8:46 a.m.                                                                                                  

Document Name Date/Time Subjects
Changes to CSSB 194 - Version I.pdf SEDC 2/17/2012 8:00:00 AM
SB 194
CSSB 194 Version I.pdf SEDC 2/17/2012 8:00:00 AM
SB 194