Legislature(2001 - 2002)

03/14/2001 01:34 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
       SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE                                                                   
                          March 14, 2001                                                                                        
                             1:34 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyda Green, Chair                                                                                                       
Senator Loren Leman, Vice Chair                                                                                                 
Senator Gary Wilken                                                                                                             
Senator Jerry Ward                                                                                                              
Senator Bettye Davis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Gretchen Guess                                                                                                   
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 133                                                                                                             
"An Act relating to a two-year  transition for implementation of the                                                            
public high  school competency  examination  and to establishing  an                                                            
essential   skills  examination   as   a  high   school   graduation                                                            
requirement; and providing for an effective date."                                                                              
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 67                                                                                                              
"An Act relating to assisted  living homes and to liability for acts                                                            
or  omissions  in  the  licensing,  monitoring,  or  supervision  of                                                            
assisted living homes; and providing for an effective date."                                                                    
     BILL POSTPONED TO 3/16/01                                                                                                  
                                                                                                                                
SENATE BILL NO. 91                                                                                                              
"An Act relating  to information and services available  to pregnant                                                            
women and  other persons;  and ensuring informed  consent before  an                                                            
abortion may  be performed, except  in cases of medical emergency."                                                             
     BILL POSTPONED TO 3/16/01                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB  133  - See  Senate  HESS  Committee  minutes  dated  3/7/01  and                                                            
3/10/01.                                                                                                                        
                                                                                                                                
SB 67 - No previous Senate committee action.                                                                                    
                                                                                                                                
SB 91 - No previous Senate committee action.                                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Hans Neidig                                                                                                                 
Staff to Senator Green                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Explained the changes made to CSSB 133(HES).                                                             
                                                                                                                                
Dr. Ed McLain                                                                                                                   
Kenai Peninsula Borough School District                                                                                         
210 Fidalgo Ave.                                                                                                                
Kenai, AK 99611                                                                                                                 
POSITION STATEMENT:  Supports CSSB 133(HES) and requested two                                                                 
amendments.                                                                                                                     
                                                                                                                                
Dr. Bruce Johnson                                                                                                               
Deputy Commissioner                                                                                                             
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Answered questions regarding CSSB 133(HES).                                                              
                                                                                                                                
Mr. Phil Reeves                                                                                                                 
Assistant Attorney General                                                                                                      
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding CSSB 133(HES).                                                              
                                                                                                                                
Mr. Greg Maloney                                                                                                                
Director of Special Education                                                                                                   
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT: Answered questions regarding CSSB 133(HES).                                                               
                                                                                                                                
Mr. Rich Kronberg                                                                                                               
President, NEA-Alaska                                                                                                           
114 2nd Street                                                                                                                  
Juneau, AK  99801                                                                                                               
POSITION STATEMENT: Supports CSSB 133(HES).                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-21, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRWOMAN LYDA  GREEN called the Senate Health, Education  & Social                                                          
Services  Committee  meeting  to order  at  1:34 p.m.  Present  were                                                            
Senators Leman,  Wilken and Green.   CHAIRWOMAN GREEN announced  the                                                            
committee would  take up SB 133 first, and that she  had a committee                                                            
substitute  (CS)  prepared.   She  informed  participants  that  the                                                            
committee  will meet on  Friday, and  any bills  that are not  heard                                                            
today due to time constraints will be heard at that time.                                                                       
                                                                                                                                
           SB 133-PUBLIC SCHOOL COMPETENCY EXAM/REPORTS                                                                     
                                                                                                                                
SENATOR  LEMAN moved  to  adopt CSSB  133(HES),  Version  L, as  the                                                            
working document  of the committee.   There being no objection,  the                                                            
motion carried.                                                                                                                 
                                                                                                                                
MR. HANS NEIDIG,  staff to Chairwoman  Green, explained the  changes                                                            
made to the committee substitute as follows.                                                                                    
                                                                                                                                
   · On page 1, line 14, "essential skills" was changed to                                                                      
     "competency"  in regard to the  examination.  That language  is                                                            
     in current  statute. That same change was made  on page 2, line                                                            
     4, and in the title of the bill.                                                                                           
   · On page 2, line 7, "or receive a waiver from the governing                                                                 
     body"  was added.  The  "governing body"  is used in AS  14.60.                                                            
     010;  it  applies  to  school  districts  and  Rural  Education                                                            
     Attendance  Areas  (REAAs)  and  will  make  those  bodies  the                                                            
     granters of the waivers.                                                                                                   
   · On page 2, line 16, language was put back in to address a                                                                  
     concern  by a committee  member.  It  reads, "A re-examination                                                             
     may not be offered  more often than once every three months and                                                            
     must occur within  three years after the date the student is no                                                            
     longer  in attendance."   That language  will clarify  how many                                                            
     times a student may take the examination.                                                                                  
   · On page 2, line 24, language was added that reads, "An                                                                     
     examination  required   under (a)  of  this  section  shall  be                                                            
     administered  during days approved by the commissioner  for in-                                                            
     service  training  of  teachers  under  AS  14.03.030."    That                                                            
     language  was suggested  by the department  to meet  Chairwoman                                                            
     Green's  desire  to  administer  the exam  on  in-service  days                                                            
     and/or days in which students are not in session.                                                                          
   · On page 2, line 26, language was added stating that students                                                               
     will receive  an endorsement on their diplomas  and transcripts                                                            
     identifying  the areas of the  examination passed. Rather  than                                                            
     listing the exam scores on the transcript, the endorsements                                                                
     will appear on the student's transcript and the diploma.                                                                   
                                                                                                                                
SENATOR  LEMAN  said he  believes  placing  the endorsement  on  the                                                            
diploma makes  more sense in that it will provide  for easy viewing,                                                            
but he liked  the idea of putting  the scores on the transcript  and                                                            
would like to continue that discussion at another time.                                                                         
                                                                                                                                
Mr. Neidig continued.                                                                                                           
                                                                                                                                
    · On page 2, beginning on line 31, the word "successfully" was                                                              
      added  and  the word  "team"  was deleted  so  that it  reads,                                                            
      "successfully  completes  an  alternative  assessment  program                                                            
      required by the student's  individualized education program or                                                            
      required  in  the education  plan  developed  for the  student                                                            
      under  29 U.S.C. 794;".  Those  two changes were suggested  by                                                            
      the Department of Education and Early Development (DOEED).                                                                
    · On page 3, lines 27-29, the following was added, "including                                                               
      the criteria  and procedure under which a governing  body uses                                                            
      the waiver to grant  a diploma to a student."  Section 4 deals                                                            
      with giving  the board the ability to carry  forth its duties.                                                            
      This language  will allow the  board to stipulate and  develop                                                            
      the regulations  and procedures around which  the waivers will                                                            
      be given by the governing bodies.                                                                                         
    · On page 3, line 31, and in other places where appropriate,                                                                
      the  date was changed  to February in  order to capture  those                                                            
      students who might graduate in January.                                                                                   
    · On page 4, lines 18-20, the language was added, "A competency                                                             
      examination shall  be administered during days approved by the                                                            
      commissioner for  in-service training days."  This is meant to                                                            
      mirror other  language having to do with when  the exams could                                                            
      be given.                                                                                                                 
    · On page 4, lines 23-24, language was added by the drafter,                                                                
      "Individualized   education  program is  a  program  described                                                            
      under AS  14.30.278" for the purpose of making  the definition                                                            
      tighter.                                                                                                                  
    · On page 4, line 27 through page 5, line 1, language was added                                                             
      at   DOEED's  request   to  facilitate   development   of  the                                                            
      transition regulations.                                                                                                   
                                                                                                                                
CHAIRWOMAN  GREEN noted  that all  committee  members were  present.                                                            
She then asked Dr. McLain to address the committee.                                                                             
                                                                                                                                
DR. ED  MCLAIN, Assistant  Superintendent  for  the Kenai  Peninsula                                                            
Borough School  District,  informed the committee  he served  on the                                                            
original  math  content  review  committee  and is  on  the  current                                                            
committee.   He is also a member of  the technical review  committee                                                            
advisory  board  on  the  high  school  graduation   qualifying  and                                                            
benchmark  exams.  He asked  the committee  to look at page  2, line                                                            
24, and  asked that  the word "shall"  be changed  to "may"  so that                                                            
schools be allowed, rather  than required, to administer the test on                                                            
in-service  days for the reasons that  very small schools  will need                                                            
that flexibility and in-service training is very important.                                                                     
                                                                                                                                
CHAIRWOMAN  GREEN asked if  a school wanted  to give the test  on an                                                            
in-service  day, the school  could request  permission to have  that                                                            
in-service day designated as a test day.                                                                                        
                                                                                                                                
DR. MCLAIN  said there  may be  issues from  DOEED's perspective  in                                                            
terms of security of the test and what day it is administered.                                                                  
                                                                                                                                
CHAIRWOMAN GREEN  asked if the bill did not make any  mention of in-                                                            
service  days,  and  that  was left  to  the  districts,  whether  a                                                            
district could request of DOEED that it give the test on an in-                                                                 
service day.                                                                                                                    
                                                                                                                                
DR. BRUCE JOHNSON,  Deputy Commissioner  of DOEED, said yes  because                                                            
DOEED  does   not  control  the  individual   calendars   of  school                                                            
districts.   Those  calendars  are submitted  to  DOEED but  DOEED's                                                            
concern is  that they meet the minimum  requirements of 170  days of                                                            
instruction  and up to 10 in-service  days.  Additional days  beyond                                                            
that are  of no  concern to  DOEED.   As it stands  today, there  is                                                            
nothing to prevent  a district from scheduling an  in-service day on                                                            
the testing dates.                                                                                                              
                                                                                                                                
SENATOR LEMAN  asked, regarding security, if enough  versions of the                                                            
exam  are  available  so  that  the  exam  can  be  administered  on                                                            
different days.                                                                                                                 
                                                                                                                                
DR. JOHNSON  said DOEED has  identified six  days per year  on which                                                            
the exam can be  given.  There is only a single version  of the exam                                                            
at this time.   The most cost-effective  way to do this is  to use a                                                            
single version  during each administration of the  test.  That helps                                                            
with the scoring and administration.                                                                                            
                                                                                                                                
SENATOR  LEMAN expressed  concern that if  certain school  districts                                                            
and schools  want some flexibility,  it may not work on a  statewide                                                            
basis to administer the exam on the same day.                                                                                   
                                                                                                                                
DR.  JOHNSON said  there  is nothing  in current  law  to prevent  a                                                            
district from holding an  in-service day or holding a regular day of                                                            
instruction when  this test us given.  Most districts  have not used                                                            
the  in-service  concept  but  it  is  being  talked  about  as  the                                                            
logistics  of the test  administration become  more problematic.  He                                                            
suggested  that in the  larger schools,  when the  vast majority  of                                                            
teachers will be engaged  in in-service, the certified support staff                                                            
could be assigned to proctor the exam.                                                                                          
                                                                                                                                
CHAIRWOMAN  GREEN  asked if  that would  be  possible if  it is  not                                                            
addressed in this legislation.                                                                                                  
                                                                                                                                
DR. JOHNSON said it would.                                                                                                      
                                                                                                                                
SENATOR LEMAN  asked if the exam is  being administered on  the same                                                            
day in all school districts at this time.                                                                                       
                                                                                                                                
DR. JOHNSON said that is correct.                                                                                               
                                                                                                                                
DR. MCLAIN continued  his testimony.  The same change  (change shall                                                            
to may) would need to be  made on page 4, line 19.  On page 2, lines                                                            
17-18,  he asked that  the language,  "and must  occur within  three                                                            
years after  the date  the student  is no longer  in attendance"  be                                                            
deleted because  it might  limit what happens  to a young adult  who                                                            
wants to return to school to get a high school diploma.                                                                         
                                                                                                                                
DR.  MCLAIN  said  regarding  waivers,  DOEED will  be  setting  the                                                            
conditions  and  criteria  under  page  2,  lines  26-29.  Regarding                                                            
accountability of schools,  current regulations make it possible for                                                            
school districts to report  the number of students who graduate with                                                            
and without  modifications  and the  number of students  who  use an                                                            
alternative assessment  or get a waiver.  Any anomalies will show up                                                            
on  that report  so  that if  suddenly  a  huge number  of  students                                                            
receive waivers  in a particular district, DOEED could  investigate.                                                            
The  Kenai  district   appreciates  the  inclusion   of  the  waiver                                                            
provision, not as a loophole but as a necessary safety valve.                                                                   
                                                                                                                                
On the issue  of changing the name  of the exam, DR. MCLAIN  said he                                                            
is very comfortable  with whatever language the committee  wishes to                                                            
use.   The change refocuses  the exam  to a specific  subset  of the                                                            
full performance standards.  He prefers that route.                                                                             
                                                                                                                                
Number 1330                                                                                                                     
                                                                                                                                
SENATOR  WILKEN thanked  Dr. McLain  for his  participation in  this                                                            
project.  He  then expressed concern  that some parents of  children                                                            
who are  not likely to pass  the exam may  try to manipulate  school                                                            
districts by requesting  waivers.  He noted his wife was on a school                                                            
board for  six years  and that  school board  increased its  meeting                                                            
time every other  week to deal with disciplinary problems.   He said                                                            
he does  not want to set  in place an additional  burden for  school                                                            
boards to  where they have  to increase meeting  hours regularly  to                                                            
deal  with waiver  requests that  are manipulative.    He asked  Dr.                                                            
McLain if  he is aware of  any other states  that have used  waivers                                                            
and whether they have been successful.                                                                                          
                                                                                                                                
DR. MCLAIN said when he  referred to the need for a safety valve, he                                                            
did  not  mean that  districts  should  be  provided  with  a  paved                                                            
superhighway.   The current legislation calls for  the parameters to                                                            
be  developed by  DOEED  and he  believes  that will  be  done in  a                                                            
healthy and  thoughtful way  to assure that  waivers don't  become a                                                            
misused  tool.  On  the flip side,  providing for  no waiver  at all                                                            
would be equally  as problematic because there will  be students who                                                            
transfer  in at the  end of high  school.  It  is his understanding                                                             
that waivers or  an appeal process are common throughout  the states                                                            
and he  is not aware  of any state  that does  not provide for  some                                                            
allowance.   He repeated  that  DOEED would  be able  to see if  the                                                            
waivers were  being abused  through the school  report card  system.                                                            
He pointed  out the Kenai  district has a  process that only  brings                                                            
the  few  disciplinary  problems  that  cannot be  resolved  by  the                                                            
administration  before the school  board.  The district has  reduced                                                            
those numbers and he believes  with practice and training, that same                                                            
process could occur with waivers.                                                                                               
                                                                                                                                
SENATOR WILKEN  asked if what amounts to a de facto  waiver is built                                                            
in because students can attempt to take the test 11 times.                                                                      
                                                                                                                                
DR. MCLAIN said  the scenario that came before the  technical review                                                            
committee was  the military transfer  student.  He does not  believe                                                            
that type  of student  will return  11 times to  take the exam.   He                                                            
does not  envision the  student who  continually  fails the exam  as                                                            
being the primary seeker  of a waiver.  He urged that the parameters                                                            
for  a waiver  be  tightly  controlled  in  regulation  rather  than                                                            
through legislation.                                                                                                            
                                                                                                                                
CHAIRWOMAN  GREEN  commented that  when  the legislature  gets  very                                                            
specific  in legislation  the opposite  of what  was intended  often                                                            
happens  because the  one thing  the legislature  failed to  mention                                                            
becomes  the exception  and cannot  be considered.   She asked  what                                                            
procedure a district  would use to grant a waiver  and whether DOEED                                                            
will require  in regulation  that a document  be on file to  justify                                                            
every waiver.                                                                                                                   
                                                                                                                                
DR. JOHNSON said  he thinks it is fair to assume the  state board of                                                            
education   will  consider  a  paper   trail  for  the  purpose   of                                                            
accountability  when  it develops  the regulations.    He noted,  in                                                            
answer to Senator  Wilken's question, other states  do have a waiver                                                            
process for extraordinary  circumstances and DOEED will try to learn                                                            
from them  but Alaska's law  will be the  tightest.  He anticipates                                                             
this conversation taking  place over a 12 to 18 month time period by                                                            
the board.                                                                                                                      
                                                                                                                                
SENATOR  WILKEN  asked Dr.  McLain  if he  is comfortable  with  the                                                            
special education component of the legislation.                                                                                 
                                                                                                                                
DR. MCLAIN  said the  special education  staff in  his district  are                                                            
very comfortable  with the  language in CSSB  133(HES).  He  pointed                                                            
out,  in response  to Senator  Leman's  comment about  putting  test                                                            
scores  on transcripts  or diplomas,  he  believes, if  that is  the                                                            
case, students  will want to retake  the test to get a higher  score                                                            
and that  will create cost  and management  issues.  He advised  the                                                            
committee that  the transcript will  contain the classes  and grades                                                            
of the student  so he asked that a  pass-fail notation for  the exam                                                            
be used.                                                                                                                        
                                                                                                                                
Number 1861                                                                                                                     
                                                                                                                                
SENATOR DAVIS  asked a representative  from  DOEED to tell her  of a                                                            
few states that grant waivers  and whether each district will decide                                                            
if a waiver should be granted.                                                                                                  
                                                                                                                                
DR. JOHNSON said each district  will be responsible for applying the                                                            
regulations that are developed  by the state board to see whether or                                                            
not the student qualifies for a waiver.                                                                                         
                                                                                                                                
SENATOR DAVIS asked what  criteria he anticipates the regulations to                                                            
use and  whether DOEED  will publish  draft  regulations for  public                                                            
comment.                                                                                                                        
                                                                                                                                
DR. JOHNSON said the regulatory process will be used.                                                                           
                                                                                                                                
SENATOR  DAVIS asked  if  DOEED will  grant  final approval  of  the                                                            
waivers or whether the districts will.                                                                                          
                                                                                                                                
DR. JOHNSON said the districts  will determine whether students will                                                            
get a  waiver based  on the  parameters  of the  regulation and  the                                                            
school report  card can be refined  so that the numbers of  students                                                            
who are granted  a waiver will be  shown.  He noted the state  board                                                            
may want  each district to  submit a report  to DOEED as a  means of                                                            
accountability.                                                                                                                 
                                                                                                                                
SENATOR DAVIS  asked Dr. Johnson if  he anticipates that  DOEED will                                                            
grant final approval for waivers.                                                                                               
                                                                                                                                
DR. JOHNSON  said he  does not, and  that would  be a nightmare  for                                                            
DOEED.                                                                                                                          
                                                                                                                                
SENATOR DAVIS asked for clarification of the pass/fail score.                                                                   
                                                                                                                                
DR. JOHNSON  replied  that any  score above  the cut  score will  be                                                            
considered a passing score.  The score will not be scaled.                                                                      
                                                                                                                                
SENATOR WARD commented  that Senator Wilken brought up the fact that                                                            
some parents  may try to  manipulate the system  on behalf  of their                                                            
children  who are at risk  of not graduating  because they  have not                                                            
passed  the exam, and  some parents  will hire  an attorney,  but he                                                            
noted there  are students  at the other end  of the spectrum  who do                                                            
not have anyone to advocate for them.                                                                                           
                                                                                                                                
DR. JOHNSON  said  he is  sure the state  board  will consider  that                                                            
scenario.    He believes  the  waiver  boundaries  will have  to  be                                                            
applied fairly across all  children, regardless of family affluence.                                                            
                                                                                                                                
SENATOR WARD  said he wanted  to make sure  DOEED was aware  of that                                                            
possibility.                                                                                                                    
                                                                                                                                
CHAIRWOMAN  GREEN noted  that Representative  Guess  had joined  the                                                            
committee.                                                                                                                      
                                                                                                                                
Number 2025                                                                                                                     
                                                                                                                                
SENATOR DAVIS  asked DOEED  to speak to allowing  districts  to give                                                            
the test  on an in-service  day  because she does  not believe  most                                                            
districts will want to do that.                                                                                                 
                                                                                                                                
DR. JOHNSON  said DOEED was  responding to  the fact that the  state                                                            
board  only  has control  over  180  days and  10  of those  can  be                                                            
approved by the  commissioner as in-service days.   Chairwoman Green                                                            
was hoping the exam could  be given outside of the 170 instructional                                                            
days and  within the  10 in-service  days or beyond  those 10  days.                                                            
DOEED believes  those students taking  the test could attend  school                                                            
on an  in-service day  to take the  exam and  that certificated  and                                                            
support  staff could serve  as test  proctors.   He pointed  out the                                                            
logistics of administering  the test are becoming very complex and a                                                            
solution  has to be found.  Another possibility  would be to  have a                                                            
minimum school  day so that all students  taking the test  arrive at                                                            
8:00 a.m. and  the other students arrive at 11:00  a.m.  He added if                                                            
the test was  given on a Saturday,  districts would have  to provide                                                            
bus transportation  and hire  proctors so a  cost would be  involved                                                            
but that may  be the most cost-effective  approach in the  long run.                                                            
                                                                                                                                
SENATOR DAVIS felt that  school districts will appreciate having the                                                            
flexibility  to decide when  to administer  the test.  She  said she                                                            
believes  it is important  that school districts  get more  money so                                                            
that they can  budget for buses or  another location outside  of the                                                            
school.                                                                                                                         
                                                                                                                                
CHAIRWOMAN  GREEN asked Mr. Reeves  to address the language  on page                                                            
2, lines 24 to 25, and on page 4, lines 18 to 20.                                                                               
                                                                                                                                
MR. PHIL  REEVES,  Assistant Attorney  General,  Department of  Law,                                                            
said  no  such language   is in  existing  statute.    He  suggested                                                            
deleting the first  sentence after subsection (c)  on page 2 so that                                                            
it does  not discuss  the  administration.   Right now  the test  is                                                            
being administered without such language.                                                                                       
                                                                                                                                
CHAIRWOMAN GREEN  said the sentence, "An examination  required under                                                            
(a) of this  section shall be administered  during days approved  by                                                            
the  commissioner  for  in-service  training  of teachers  under  AS                                                            
14.03.030."  She asked  Dr. Johnson if this topic has been discussed                                                            
thoroughly enough so that  the state board and DOEED would know that                                                            
there is  great latitude  and great expectation  on behalf  of DOEED                                                            
and the  board  to encourage  local districts  to be  a little  more                                                            
creative.                                                                                                                       
                                                                                                                                
TAPE 01-21, SIDE B                                                                                                              
                                                                                                                                
CHAIRWOMAN GREEN said the  purpose is to prevent great disruption in                                                            
the schools and  to figure out alternatives within  the correct time                                                            
frame.                                                                                                                          
                                                                                                                                
SENATOR DAVIS  moved to delete the  language referred to  by Senator                                                            
Green [Amendment 1].                                                                                                            
                                                                                                                                
SENATOR  WILKEN  asked  for clarification  because  he  thought  Dr.                                                            
Johnson said this test has to be given on a specific date.                                                                      
                                                                                                                                
DR. JOHNSON said  there is no provision in current  statute and that                                                            
is  the  way  DOEED has  been  doing  business.    The  state  board                                                            
establishes  those dates  in the  fall and  the spring.   The  board                                                            
believes  it has the  authority to  do so.  If  a district wants  to                                                            
build its calendar  around those dates in order to  offer in-service                                                            
on that date, he believes the commissioner would approve that.                                                                  
                                                                                                                                
SENATOR WILKEN  asked if  the state board  will continue to  provide                                                            
specific dates on which the test can be given.                                                                                  
                                                                                                                                
DR. JOHNSON said it will.                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN  clarified  that  the amendment  will  delete  the                                                            
language  on  page 2,  line  24 through  line  26,  and on  page  4,                                                            
beginning  at  the  end  of  line  18  that  reads,   "A  competency                                                            
examination  may  not be  administered  during  a day  in  session."                                                            
[Amendment 1]                                                                                                                   
                                                                                                                                
SENATOR  WARD  objected  and asked  if  Amendment  1 will  free  the                                                            
administration  up to set a date and  then work in conjunction  with                                                            
all school districts.                                                                                                           
                                                                                                                                
[Dr. Johnson nodded yes.]                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN  interjected  to  inform  the  audience  that  the                                                            
committee will  not be able to get  to  SB 67 and SB 91 today.   She                                                            
noted those bills would be heard on Friday.                                                                                     
                                                                                                                                
SENATOR  WARD  removed  his  objection  therefore  Amendment  1  was                                                            
adopted.                                                                                                                        
                                                                                                                                
DR. JOHNSON clarified that  Senator Ward "hit the nail on the head."                                                            
The  state board  and the  department  would establish  the  testing                                                            
dates.   DOEED also approves  the calendar  so districts can  decide                                                            
whether to have an instructional  or in-service day on those testing                                                            
dates.                                                                                                                          
                                                                                                                                
SENATOR WARD  said it would also not  rule out the possibility  that                                                            
DOEED  will come  back to  the legislature  and  request  additional                                                            
funding so that districts can administer the tests on Saturdays.                                                                
                                                                                                                                
DR. JOHNSON said he believes  as DOEED gains some experience it will                                                            
come back with suggestions on how best to do this.                                                                              
                                                                                                                                
SENATOR WILKEN  questioned whether there would be  any circumstances                                                            
in which  a person who  lacked proficiency  in the English  language                                                            
could pass the test without provisions.                                                                                         
                                                                                                                                
DR. JOHNSON said that is  a question the state board will take up as                                                            
part of the waiver discussion.                                                                                                  
                                                                                                                                
SENATOR WILKEN  asked if  a lack of proficiency  and the ability  to                                                            
communicate in English may be reason for a waiver.                                                                              
                                                                                                                                
DR. JOHNSON said he cannot  speak for the board but he is certain it                                                            
will  consider whether  or  not a  student who  does  not speak  the                                                            
English language should be denied a diploma in Alaska.                                                                          
                                                                                                                                
SENATOR  WILKEN suggested  the committee  consider  that option  and                                                            
that they  are making  that available  if the  committee doesn't  do                                                            
something about  that.  He then asked  if a waiver would  apply only                                                            
at the high school level  or whether it would apply at the benchmark                                                            
level.                                                                                                                          
                                                                                                                                
DR.  JOHNSON said  a waiver  would  apply only  at  the high  school                                                            
level.  The benchmark exams are mandatory.                                                                                      
                                                                                                                                
SENATOR DAVIS  asked that  a representative  from DOEED explain  the                                                            
special education component of the legislation to the committee.                                                                
                                                                                                                                
Number 2143                                                                                                                     
                                                                                                                                
MR.  GREG  MALONEY,  Director  of  Special  Education,  DOEED,  said                                                            
nothing in SB 133 is inconsistent  with the federal requirements for                                                            
special  education  services.    The  Individual  with Disabilities                                                             
Education Act  as amended in 1997 (IDEA 97) contains  provisions for                                                            
students with disabilities  to participate meaningfully in statewide                                                            
assessments.    The goal  is  to have  those  students,  as much  as                                                            
possible, participate  in the regular  assessments.  Under  Alaska's                                                            
current system,  students  could participate  in one of three  ways:                                                            
taking the  regular assessment  without  accommodations; taking  the                                                            
regular  assessment  with accommodations;   or taking  an  alternate                                                            
assessment.   The  alternate assessment  is for  a relatively  small                                                            
percentage of  students who have significant cognitive  impairments.                                                            
The alternate  assessment is a portfolio assessment  based on things                                                            
the student can  or cannot do as determined by alternate  standards.                                                            
                                                                                                                                
MR. MALONEY said under  CSSB 133(HES), students would still take the                                                            
test, but it is  only after the student does not pass  the test that                                                            
the IEP team would  have the option of looking at  an alternative or                                                            
different way of assessing  the student's progress.  That could be a                                                            
portfolio assessment,  a review of  the IEP goals, or other  ways as                                                            
determined by the IEP team.   He anticipates the state board will be                                                            
involved  in developing the  guidelines under  which those  kinds of                                                            
assessments would be developed.   The goal of IDEA 97 is not so much                                                            
how a  student performs  on the test  but to  make sure the  student                                                            
receives instructional  programming that is tied to  standards, that                                                            
holds the student  to high standards, and allows the  student access                                                            
to the general curriculum.                                                                                                      
                                                                                                                                
Regarding  accommodations, MR.  MALONEY said  the question  would be                                                            
what the student  needs to allow the  student to have access  to and                                                            
make progress  on the general curriculum.  Under IDEA  97, there are                                                            
no specific requirements  regarding a student with  a disability and                                                            
graduation but there are  requirements that DOEED has to maintain to                                                            
assure that students  with disabilities do participate  in statewide                                                            
assessments.  At  a minimum,  DOEED  has to  report  to the  federal                                                            
government   the   number   of  students   with   disabilities   who                                                            
participate, the performance  of students with disabilities on these                                                            
regular  assessments, and  the graduation  rate  of those  students.                                                            
One of the  concerns is whether  SB 133 will  affect the numbers  of                                                            
students  determined   eligible  for   special  education.     DOEED                                                            
currently monitors  that anyway.   DOEED's goal is not to  have more                                                            
students  identified  but to  have instructional  programs  able  to                                                            
handle larger  groups of students, thereby making  special education                                                            
unnecessary for a larger group of students.                                                                                     
                                                                                                                                
Number 1970                                                                                                                     
                                                                                                                                
SENATOR DAVIS asked if,  under CSSB 133(HES), students could use the                                                            
same accommodations  they use  under their  IEP plan when they  take                                                            
the test.                                                                                                                       
                                                                                                                                
MR. MALONEY  said the  students could  still take  the test  with or                                                            
without  accommodations and  if the  student did  not pass, the  IEP                                                            
team would  have the  prerogative  to determine  a different  way of                                                            
assessing, which may include using a calculator.                                                                                
                                                                                                                                
SENATOR DAVIS said that  bothers her.  She asked whether the student                                                            
can take the  test the first time  with the accommodations  that are                                                            
given to  the student  with the  IEP.  She  expressed concern  about                                                            
setting special  education students up for failure  by allowing them                                                            
to use accommodations only after they have failed the test.                                                                     
                                                                                                                                
MR. MALONEY clarified  that under the current system,  students have                                                            
the  opportunity  to  have  all  of  the  accommodations   that  are                                                            
contained  in  CSSB  133(HES)  for their  participation  so  that  a                                                            
student with  a disability would have  the option, as determined  by                                                            
the  IEP  team,   to  take  the  test   with  as  many  appropriate                                                             
accommodations  as possible.  Some accommodations  are not listed in                                                            
CSSB 133(HES); they are  considered to be modifications, such as use                                                            
of a calculator for the math test.                                                                                              
                                                                                                                                
SENATOR   DAVIS   suggested   adding  the   modifications   to   the                                                            
legislation.                                                                                                                    
                                                                                                                                
DR. JOHNSON  said it would be the  committee's choice as  to whether                                                            
to  broaden  the  accommodations  to  include  modifications.    The                                                            
current  thinking  behind  CSSB  133(HES)  is to  give  students  an                                                            
opportunity  with approved accommodations  that are outlined  by the                                                            
state.  If the  student cannot pass the test that  way, the IEP team                                                            
can look at  other aids that may be  necessary to assist  that child                                                            
given the child's  specific disability.   Regarding whether  special                                                            
education  students will  be set up  for failure,  Dr. Johnson  said                                                            
there are probably  some students with disabilities  that don't fall                                                            
into the alternate assessment  category, the best example being non-                                                            
readers.  If a  reader is  appointed for  that student,  there  is a                                                            
possibility  the student  could answer the  comprehension  questions                                                            
and get  a score determined  by the IEP team  to be appropriate  for                                                            
that individual child.   He believes it can work the way it is right                                                            
now without  damaging  students.  The  goal is  to have every  child                                                            
with a disability  challenge the test  with approved accommodations                                                             
and if  they can't  achieve a passing  score,  then give them  other                                                            
opportunities  through  additional   accommodations  that  would  be                                                            
approved on an individual basis.                                                                                                
                                                                                                                                
SENATOR WILKEN  referred to language on page 7 that  reads, "All IEP                                                            
meeting members must understand  that alternative assessments do not                                                            
lead to  a high school diploma."   He asked  if that means  that the                                                            
two percent  of students that would  have an alternative  assessment                                                            
will not receive a diploma.                                                                                                     
                                                                                                                                
MR. MALONEY  said that  is correct  under the  current system.   The                                                            
only students  under the current system  to receive a diploma  would                                                            
be those who pass all three components of the exam.                                                                             
                                                                                                                                
SENATOR  WILKEN asked  if  a person  could tell  from  looking at  a                                                            
diploma  whether   a  student  passed   the  competency   test  with                                                            
accommodations.                                                                                                                 
                                                                                                                                
MR. MALONEY said  no, those accommodations are allowed  because they                                                            
do not change  the validity or reliability  of the exam.  They allow                                                            
the disability to not penalize the student unfairly.                                                                            
                                                                                                                                
SENATOR WILKEN asked if  there would be anything on any diploma that                                                            
would  indicate some  different level  of learning  or achievement,                                                             
other than the three endorsements.                                                                                              
                                                                                                                                
MR. MALONEY said under  the bill, it would depend on how the results                                                            
of the test are  marked.  For example, if the IEP  team determined a                                                            
different  process for  a student  to receive a  diploma, then  that                                                            
student would  not have passed through  the traditional methods  the                                                            
reading, writing  and math components  of the exam.  At that  point,                                                            
it  would be  determined  how  the  endorsements  are noted  on  the                                                            
diploma.  He pointed out  that confidentiality is another issue.  It                                                            
cannot  be clear  from  the diploma  that  students  are in  special                                                            
education. He  does not see anything under CSSB 133(HES)  that talks                                                            
about a  change in  how a student  with a disability  or a  modified                                                            
assessment  would  be represented,  but  to his  understanding,  the                                                            
student would  have the  diploma without  the endorsements  added to                                                            
it.                                                                                                                             
                                                                                                                                
Number 1659                                                                                                                     
                                                                                                                                
DR. MCLAIN asked Chairwoman  Green to consider deleting the language                                                            
on page 2, line  18, that reads, "and must occur within  three years                                                            
after the date the student is no longer in attendance."                                                                         
                                                                                                                                
CHAIRWOMAN  GREEN   asked  committee  members  if  maintaining   the                                                            
sentence, "A reexamination  must not be offered more often than once                                                            
every three months" would  be satisfactory because it would give the                                                            
district room to allow a returning adult to take the test.                                                                      
                                                                                                                                
DR. JOHNSON said he thinks  that is workable but that says a 27 year                                                            
old could  come back  and challenge  the test.   He said he  sees no                                                            
reason  to deny a  person that opportunity  and  that it makes  good                                                            
sense from a state perspective.                                                                                                 
                                                                                                                                
DR.  MCLAIN  added  the student  would  still  have  to  meet  other                                                            
district requirements so there would be some quality control.                                                                   
                                                                                                                                
SENATOR  WILKEN moved  to delete the  words "and  must occur  within                                                            
three years after the date  the pupil is no longer in attendance" on                                                            
page 2, lines 18 and 19 [Amendment 2].                                                                                          
                                                                                                                                
CHAIRWOMAN GREEN  announced that with no objection,  Amendment 2 was                                                            
adopted.                                                                                                                        
                                                                                                                                
MR. RICH KRONBERG,  President of NEA-Alaska,  thanked the  committee                                                            
and commented  on two aspects of CSSB  133(HES).  Regarding  the use                                                            
of in-service  days,  NEA-Alaska  recognizes  that the  six days  of                                                            
testing  definitely  impact  instructional  time.   NEA-Alaska  also                                                            
recognizes  that in-service days are  very valuable as they  provide                                                            
an opportunity  for professional development.  The  key issue is who                                                            
can  proctor  the   test.    If  the  test  must  be   proctored  by                                                            
certificated  staff,  then  the  use  of  in-service  days  is  more                                                            
problematic.   He suggested that changes  be made to regulations  to                                                            
allow classified  staff or others to proctor the tests.   The second                                                            
issue of concern  is the granting  of waivers.  NEA-Alaska  supports                                                            
that provision and it supports  the concept that the state board and                                                            
DOEED  will have  to  adopt  guidelines to  promote  uniformity  and                                                            
accountability.    NEA-Alaska  believes  in  addition  to  reporting                                                            
requirements  in the school  report card, it  would be advisable  to                                                            
require districts to submit  to DOEED a written explanation each and                                                            
every time they grant a waiver.                                                                                                 
                                                                                                                                
CHAIRWOMAN  GREEN said  the issue  of who  can proctor  the test  is                                                            
worth further investigation.                                                                                                    
                                                                                                                                
SENATOR LEMAN asked why  the phrase "high school student" is used on                                                            
page 6  yet "secondary  student"  is used elsewhere  throughout  the                                                            
bill.                                                                                                                           
                                                                                                                                
CHAIRWOMAN GREEN said that  in statute, Section 14.03.060, refers to                                                            
elementary,  junior high and secondary  schools.  Section  14.03.075                                                            
refers  to  secondary  pupil  competency  testing.    She  noted  it                                                            
distinguishes  between the elementary  grade students and  secondary                                                            
students and those terms were used to conform to current titles.                                                                
                                                                                                                                
CHAIRWOMAN GREEN thanked all participants and announced that CSSB
133(HES) will be first on the agenda on Friday.  She then adjourned                                                             
the meeting at 2:50 p.m.                                                                                                        

Document Name Date/Time Subjects