Legislature(2001 - 2002)

01/30/2002 01:35 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                                                                    
                        January 30, 2002                                                                                        
                            1:35 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                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 250                                                                                                             
"An  Act  extending  the  dates   for  assignment  of  performance                                                              
designations  of public  schools  and the  dates  for reports  and                                                              
monitoring  based  on those  designations;  and  providing for  an                                                              
effective date."                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SB 250 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Dr. Ed McLain                                                                                                                   
Deputy Commissioner of Education                                                                                                
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Presented SB 250 for the Administration.                                                                 
                                                                                                                                
Dr. Mark Leal                                                                                                                   
Assessment Director                                                                                                             
Department of Education &                                                                                                       
 Early Development                                                                                                              
        th                                                                                                                      
801 W 10 St.                                                                                                                    
Juneau, AK  99801-1894                                                                                                          
POSITION STATEMENT:  Presented SB 250 for the Administration.                                                                 
                                                                                                                                
Nick Stayrook                                                                                                                   
Fairbanks North Star Borough School District                                                                                    
PO Box 71267                                                                                                                    
Fairbanks, AK  99707                                                                                                            
POSITION STATEMENT: Supports a delay.                                                                                         
                                                                                                                                
Jim Holt                                                                                                                        
Superintendent of Schools                                                                                                       
Fairbanks North Star Borough School District                                                                                    
PO Box 71267                                                                                                                    
Fairbanks, AK  99707                                                                                                            
POSITION STATEMENT:  Supports a delay.                                                                                        
                                                                                                                                
Dr. Bruce Johnson                                                                                                               
Association of Alaska School Boards                                                                                             
        th                                                                                                                      
316 W 11 St.                                                                                                                    
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Supports a delay.                                                                                        
                                                                                                                                
Mr. Byron Rice                                                                                                                  
Glennallen-Copper River School District                                                                                         
No address available                                                                                                            
POSITION STATEMENT:  Supports a delay.                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-4, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRWOMAN  LYDA  GREEN  called the  Senate  Health,  Education  &                                                            
Social Services Committee  meeting to order at 1:35  p.m.  Present                                                              
were Senators  Leman, Wilken, Davis  and Green.   Chairwoman Green                                                              
announced   the  committee   would  discuss   SB  250  and   asked                                                              
representatives  from  the  Department   of  Education  and  Early                                                              
Development (DOEED) to present the bill.                                                                                        
                                                                                                                                
                SB 250-SCHOOL PERFORMANCE REPORTS                                                                           
                                                                                                                                
DR. ED MCLAIN,  Deputy Commissioner of DOEED,  introduced Mr. Mark                                                              
Leal, Director of  Assessment at DOEED.  He explained  that SB 250                                                              
extends the implementation date for  the assignment of performance                                                              
designators and  ties monitoring based on those  designations into                                                              
the reports.  It also provides for a new effective date.                                                                        
                                                                                                                                
DR. MCLAIN  explained that enactment  of SB 250 will  enable DOEED                                                              
to:                                                                                                                             
   · incorporate data from the fall of 2004 test into the report                                                                
     by requiring the first designation to occur in September of                                                                
     2004;                                                                                                                      
   · align the state program with the new requirements of the                                                                   
     federal Elementary and Secondary Education Act, which                                                                      
     recently passed and DOEED is in the process of reviewing;                                                                  
   · collect data that will enable DOEED to designate schools                                                                   
     based on current performance and the progress they make from                                                               
     year to year;                                                                                                              
   · build capacity in Alaska for tighter data collection, which                                                                
     requires skills, understanding, protocols and procedures;                                                                  
     and                                                                                                                        
   · clarify that a focus of the designation will be student                                                                    
     achievement of essential skills.                                                                                           
                                                                                                                                
SENATOR  WILKEN  asked  why,  on  page  2,  line  12,  the  review                                                              
timeframe was changed from the school year to the calendar year.                                                                
                                                                                                                                
DR.  LEAL  explained   the  date  change  will   align  monitoring                                                              
requirements with  the current school  report card date,  which is                                                              
January 15.                                                                                                                     
                                                                                                                                
SENATOR  WILKEN  asked  how  Alaska's  school  designator  program                                                              
corresponds with the federal legislation that recently passed.                                                                  
                                                                                                                                
DR. LEAL said  he believes there  are a lot of parallels.   Alaska                                                              
is moving  in the direction of  being able to calculate  growth by                                                              
testing students  from grades  3 through 10.  DOEED wants  to make                                                              
sure that the types of growth goals  that it addresses are aligned                                                              
with the federal requirements.  It  does not want to find a school                                                              
is  deficient for  Title  1 purposes  yet  proficient in  Alaska's                                                              
model.   DOEED is  waiting to  see if  the tests  it is using  are                                                              
acceptable  to  the  federal  government.  He  clarified  that  if                                                              
Alaska's  program differs,  it wants  to do so  purposely.   DOEED                                                              
does not  want to accept the  federal model wholesale but  it does                                                              
want to be as closely aligned as possible.                                                                                      
                                                                                                                                
SENATOR  WILKEN asked  if the  federal  law does  not derail  what                                                              
Alaska has started and that DOEED  will be able to comply with it.                                                              
                                                                                                                                
DR. MCLAIN  said that's  essentially correct  but some  key pieces                                                              
have DOEED concerned and raise specific  questions, i.e., Alaska's                                                              
system is dependent  on both criteria and norm  referenced testing                                                              
and DOEED has done some linkage studies.   It is not clear whether                                                              
that will be fully accepted by the federal government.                                                                          
                                                                                                                                
CHAIRWOMAN GREEN  asked if  the language in  paragraph 3  (page 2)                                                              
implies that DOEED will use the last  year's data only rather than                                                              
data accumulated over the years.                                                                                                
                                                                                                                                
DR.  MCLAIN explained  that the  most recent  designation will  be                                                              
based on both status and growth,  which contains data from current                                                              
and past records.                                                                                                               
                                                                                                                                
CHAIRWOMAN  GREEN  commented  that theoretically  a  school  could                                                              
receive a good  designation but have declined from  the past.  She                                                              
then  asked for  a definition  of "multiple  student measures"  on                                                              
page 2, line 8.                                                                                                                 
                                                                                                                                
1:45 p.m.                                                                                                                       
                                                                                                                                
DR. LEAL indicated the basis of the  designator system will be the                                                              
student assessments:  both the  norm-referenced and  the benchmark                                                              
and high school qualifying exams.   DOEED is looking at the status                                                              
score and  the growth  score as  being multiple  measures.   It is                                                              
also looking  at the  dropout rate  for high  schools, percent  of                                                              
students graduating, and local assessments.                                                                                     
                                                                                                                                
CHAIRWOMAN  GREEN asked  if those  definitions  were expanded  and                                                              
provided in regulation by the state board of education.                                                                         
                                                                                                                                
DR. MCLAIN  said he  would have  to check  on the definitions  but                                                              
noted the  definition of "multiple  student measure" has  been the                                                              
subject  of  a  lot  of  discussion  within  the  profession.  The                                                              
designator committee  has had a healthy, ongoing  discussion about                                                              
what  to include  because  there is  some  argument for  including                                                              
other  inputs  as  measures,  i.e.   parental  involvement,  class                                                              
offerings, etc.  However, the bottom  line would  continually come                                                              
back to whether students are learning.                                                                                          
                                                                                                                                
CHAIRWOMAN GREEN said she wants to  make sure that the language in                                                              
the bill is adequate for the designators to do their job.                                                                       
                                                                                                                                
SENATOR LEMAN  referred to  the language  on page  2, line  8, and                                                              
asked  if  it  has  the  same  meaning  as  the  language  in  the                                                              
Governor's transmittal letter that  reads, "... school performance                                                              
designations  are  based  on student  achievement,  including  the                                                              
results  of  the  competency  exam."    He  maintained  that  both                                                              
phrases, taken together,  mean that the results  of the competency                                                              
exam  will be  used  to define  student  achievement of  essential                                                              
skills.                                                                                                                         
                                                                                                                                
DR. MCLAIN said that is correct and  that DOEED will be looking at                                                              
status as well as growth.                                                                                                       
                                                                                                                                
SENATOR LEMAN said if the legislature  does not pass SB 250, DOEED                                                              
will have to  produce a report by  August of this year.   He asked                                                              
whether  DOEED  has enough  information  now  to produce  a  draft                                                              
proposal for  what the designations  might be for  various schools                                                              
and  questioned  whether  DOEED   has  identified  some  that  are                                                              
outstanding and others that are in peril.                                                                                       
                                                                                                                                
DR.  LEAL  replied  that  the committee  has  not  yet  designated                                                              
schools but it has narrowed down  the type of information it would                                                              
use.  The  committee  is  preparing a  model  and  regulations  to                                                              
present  to the  state board  of  education in  March. That  model                                                              
shows  what  DOEED  would  be able  to  implement  by  August,  if                                                              
necessary.   DOEED would  use the current  status scores  from the                                                              
assessments taken by students this spring.                                                                                      
                                                                                                                                
SENATOR  LEMAN  read  from  a letter  from  the  Anchorage  School                                                              
District, "In  some of our schools,  we have almost a  100 percent                                                              
turnover of students."  He said he  assumes that means in one year                                                              
and he  finds that hard  to believe.  He  asked if DOEED  has ever                                                              
seen a turnover rate that high.                                                                                                 
                                                                                                                                
DR. MCLAIN replied:                                                                                                             
                                                                                                                                
     Through the Chair, Senator Leman,  high turnover rate is                                                                   
     one piece that  we are cognizant of as we  look, and the                                                                   
     committee's been  looking at that as we  incorporate the                                                                   
     model - as we looked at how  various states have handled                                                                   
     the high  turnover - and  there are districts  and there                                                                   
     are  schools that  report very  high  turnover. I'm  not                                                                   
     prepared  to  tell  you  where   those  are  but  we  do                                                                   
     routinely hear  of those and  our state has  generally a                                                                   
     fairly high turnover - and how  those kids get accounted                                                                   
     is to the committee's thinking  a critical consideration                                                                   
     for us.  There are states that  will only include in the                                                                   
     accountability  kids who  have  been in  the school  who                                                                   
     take  the test the  last year  and have  been with  us a                                                                   
     full year.   There  [are] other models  that look  at 90                                                                   
     days, etcetera.   So we're aware  of the impact  of high                                                                   
     turnover.   There are schools  that have high  turnover.                                                                   
     I can't  speak to  100 percent or  whatever but  I would                                                                   
     not be automatically surprised at that.                                                                                    
                                                                                                                                
CHAIRWOMAN GREEN  asked whether course  grades will  be considered                                                              
in the student measure.                                                                                                         
                                                                                                                                
DR. LEAL  said they will  not. He explained  that one  problem the                                                              
committee  ran  into  when  trying to  find  other  indicators  of                                                              
student   achievement  was   finding  indicators   that  are   not                                                              
comparable across the state because  there is no accountability in                                                              
course grades among schools or districts.                                                                                       
                                                                                                                                
CHAIRWOMAN GREEN asked for confirmation  that DOEED is comfortable                                                              
with the  language in SB  250 and that  it contains  the necessary                                                              
tools to put  in place a system  from which to begin  reporting in                                                              
September of 2004.                                                                                                              
                                                                                                                                
DR. MCLAIN  clarified that the first  report will be  published in                                                              
January of 2005 and he believes DOEED can comply.                                                                               
                                                                                                                                
CHAIRWOMAN GREEN asked  what the legislature can expect  to see in                                                              
the annual report in the meantime.                                                                                              
                                                                                                                                
DR. MCLAIN said DOEED would be very  pleased to keep the committee                                                              
and public informed  about the process as it is  developed.  DOEED                                                              
has some  data to  build on because  it is  required to  report on                                                              
Title 1 schools to the federal government.                                                                                      
                                                                                                                                
CHAIRWOMAN GREEN  asked if the  bill needs additional  language to                                                              
make sure that interim reports are forthcoming.                                                                                 
                                                                                                                                
DR. LEAL said  that DOEED can report on the  schools identified as                                                              
school improvement  sites for the  Title 1 program -  schools that                                                              
are  not meeting  the adequate  yearly progress  measures.   DOEED                                                              
will be refining  that data as it deals with the  new federal act.                                                              
The  1994  federal  act  required DOEED  to  identify  and  report                                                              
schools  that  are not  making  adequate  yearly progress  to  the                                                              
federal  government. Those  schools will  move into the  sanctions                                                              
under the  new act.  DOEED also publishes  a yearly school  report                                                              
card  on the  web.  Up until  last  year, DOEED  published  school                                                              
district  report  cards;  last year  DOEED  began  publishing  the                                                              
information by  school including  the attendance rate,  graduation                                                              
rate,  dropout  rate, enrollment  change,  grade  10 and  11  high                                                              
school graduation  qualifying exam  results, grade  4 and 7  CAT 5                                                              
test results and the benchmark exam  results at grades 3, 6 and 8.                                                              
                                                                                                                                
CHAIRWOMAN GREEN  asked if the  school improvement sites  are pre-                                                              
designated based on a population or funding source.                                                                             
                                                                                                                                
DR.  LEAL  clarified  those  are only  the  schools  that  receive                                                              
additional funding through Title 1.                                                                                             
                                                                                                                                
CHAIRWOMAN GREEN  asked whether all school districts  receive that                                                              
funding.                                                                                                                        
                                                                                                                                
DR.  MCLAIN  said to  the  best  of his  knowledge,  every  school                                                              
district receives some Title 1 monies  but not all schools receive                                                              
those funds.   He explained that  one of the criteria for  Title 1                                                              
funds  is both  economic  and educational  disadvantage.   To  the                                                              
degree  that  Title  1 schools  are  generally  representative  of                                                              
schools with economic and educational  disadvantage, they identify                                                              
a pool that will warrant more attention.                                                                                        
                                                                                                                                
CHAIRWOMAN GREEN asked if the yearly  school report card draws the                                                              
same conclusions.                                                                                                               
                                                                                                                                
DR. MCLAIN  said as  it becomes  known that  DOEED has moved  from                                                              
district-based to site-based reporting,  people will begin to look                                                              
back at  dropout rates  and other  key indicators.   A lot  of the                                                              
pieces that go into the determination  will be available as public                                                              
information, which may  help some schools get a handle  on what to                                                              
work on.                                                                                                                        
                                                                                                                                
2:05 p.m.                                                                                                                       
                                                                                                                                
SENATOR  WILKEN  noted the  Fairbanks  North Star  Borough  School                                                              
District passed a resolution in support  of SB 250 at a meeting on                                                              
January 20 and that he will place a copy in the record.                                                                         
                                                                                                                                
CHAIRWOMAN GREEN  referred to a  letter from the  Anchorage School                                                              
District and read, "However, designating  a school as deficient or                                                              
in-crisis  on  the basis  of  test  scores alone  ignores  certain                                                              
factors."   She asked if the current  law is based on  test scores                                                              
alone.                                                                                                                          
                                                                                                                                
DR.  MCLAIN indicated  the designation  was intended  to focus  on                                                              
achievement and test  scores are a prime way to measure  that.  He                                                              
pointed out  that a number of  models group schools,  for example,                                                              
schools of a  comparable socio-economic base, to  see how students                                                              
are doing within that group.  That  approach brings good news, but                                                              
also difficulties.   DOEED  believes the intent  of the law  is to                                                              
measure achievement.   DOEED can  recognize different  factors and                                                              
show schools  ways to  modify their  instruction without  lowering                                                              
expectations.                                                                                                                   
                                                                                                                                
DR. LEAL  stated that he believes  that is the critical  reason to                                                              
count  growth rather  than just  status.   By  making growth  two-                                                              
thirds of  the measure,  DOEED will be  saying that even  though a                                                              
school has a  transient population, they must be  included.  DOEED                                                              
wants to refine its ability to collect  the growth data so that it                                                              
can make statements about schools  based on growth in test scores.                                                              
                                                                                                                                
CHAIRWOMAN  GREEN pointed  out the  growth in  test scores  is not                                                              
mentioned anywhere in statute.  She  repeated that she wants to be                                                              
sure the  instructions are clear,  broad and specific  enough that                                                              
in the future these measures are  done in the same way.  She asked                                                              
if that requirement is covered in regulation.                                                                                   
                                                                                                                                
DR. MCLAIN explained the charge of  the designator committee is to                                                              
develop those.  The committee has  received a lot of national help                                                              
and has local and instate expertise.   DOEED can share the records                                                              
of that development.                                                                                                            
                                                                                                                                
CHAIRWOMAN GREEN took public testimony.                                                                                         
                                                                                                                                
DR. NICK STAYROOK,  Fairbanks North Star Borough  School District,                                                              
said  the Fairbanks  School  Board supports  the  delay of  school                                                              
designators. Regarding  multiple student measures,  a committee he                                                              
was a member  of looked at including post-graduation  success rate                                                              
in addition  to achievement  scores. His  group did not  consider,                                                              
because of the  wording of the bill, parent satisfaction  with the                                                              
school. Dr.  Stayrook said one goal  of the bill is to  assign and                                                              
look  at the  quality of  schools  throughout Alaska.  Educational                                                              
research shows that schools will  pay attention to the things they                                                              
are  held  accountable  for  so   if  Alaska's  designator  system                                                              
strictly  looks  at student  performance  in essential  skills  in                                                              
reading,  writing  and math,  schools  will concentrate  on  those                                                              
skills.  He believes it is very important  to provide more time to                                                              
consider ways to look at other kinds of student achievement.                                                                    
                                                                                                                                
DR.  STAYROOK   pointed  out  that   Alaska  has  many   types  of                                                              
specialized  schools, i.e.,  a school  for  incarcerated youth  in                                                              
Fairbanks,   alternative  high   school   programs,  and   schools                                                              
primarily for special  education students.  Many  of those schools                                                              
will  be in  crisis because  that is  where students  who are  low                                                              
performing and  at risk are placed.   It is important  to consider                                                              
how to fairly and  validly rate the quality of those  schools in a                                                              
way that  goes beyond  looking at  scores on  the benchmark,  high                                                              
school, and norm  referenced exams.  In addition,  Alaska has many                                                              
schools  that   are  extremely   small.  Designators   can  change                                                              
significantly in schools when only  two or three students take the                                                              
exams.   A statistical  analysis of  test scores  of two  or three                                                              
students  is generally not  valid as  an indicator  of how  well a                                                              
school is doing.                                                                                                                
                                                                                                                                
2:10 p.m.                                                                                                                       
                                                                                                                                
CHAIRWOMAN  GREEN  asked Dr.  Stayrook  if,  as  a member  of  the                                                              
designator  committee,  he  feels  the  language in  the  bill  is                                                              
adequate.                                                                                                                       
                                                                                                                                
DR. STAYROOK said the language is  fairly good.  One of the things                                                              
the committee has struggled with  over the last couple of years is                                                              
multiple  student measures;  it felt  restricted to  only look  at                                                              
student  measures. He  suggested  revising the  language to  read,                                                              
"multiple student and parent measures."                                                                                         
                                                                                                                                
MR.  JIM HOLT,  Superintendent of  Schools,  Fairbanks North  Star                                                              
Borough School District, said he  shares the concern that delaying                                                              
the date  alone will  not satisfy  the Fairbanks  School Board.  A                                                              
majority of states  now have a quality schools  initiative similar                                                              
to Alaska's. Many of those states  exempt certain schools.  Alaska                                                              
has created  schools for specific  populations; those  schools are                                                              
in  crisis. The  Fairbanks district  is  trying to  deal with  the                                                              
achievement gap:  closing that  gap would be  a good  indicator of                                                              
success.                                                                                                                        
                                                                                                                                
DR. BRUCE  JOHNSON, Association  of Alaska  School Boards,  stated                                                              
support for delaying  the implementation of the  school designator                                                              
system.  Two members from the Association  serve on the designator                                                              
committee.   They are very  pleased with the  work to date.   That                                                              
committee is working with a highly  qualified consulting firm that                                                              
has  experience  in other  states.    From  the beginning  of  the                                                              
discussion on school designators,  the most important piece of the                                                              
puzzle was how to  get the growth piece into the  equation.  It is                                                              
important to not design a system  that encourages students who are                                                              
not achieving to  drop out.  School districts  are responsible for                                                              
their  students.   They cannot  take responsibility  for the  home                                                              
environment but  their accountability  should begin  when students                                                              
arrive  at school.    Figuring out  how  to do  that  is a  highly                                                              
complex issue in a state as diverse  as Alaska.  He pointed out in                                                              
California, schools  with a population of fewer  than 200 students                                                              
do not participate  in the designator program.   That would amount                                                              
to 75 percent  of Alaska's schools so that approach  would not get                                                              
at the intent  of the legislation.  Alaska's challenge  is greater                                                              
but the people working on it are  paying a lot of attention to the                                                              
nuances in those issues and are trying to be true to the law.                                                                   
                                                                                                                                
MR. BYRON  RICE, representing  the Glennallen-Copper  River School                                                              
District,  said to  his  understanding, school  designator  labels                                                              
will be  based solely on the  results of assessments  conducted in                                                              
the  spring  of  2002.   That  is  a  far cry  from  the  original                                                              
intention  of  the  designator  committee,   which  called  for  a                                                              
weighted review  of test  scores.  The  committee called  for test                                                              
scores to be weighted at one-third,  with the remaining two-thirds                                                              
weighted  on  transient  rates,  attendance,  numbers  of  special                                                              
education  students,  size  of school  and  analysis  of  historic                                                              
assessment  scores.   He has  asked participants  in this  process                                                              
whether  basing  a  school  label   on  one  assessment  score  is                                                              
appropriate.  Some people believe that would be unethical.                                                                      
                                                                                                                                
MR. RICE noted  that although alternate assessments  are available                                                              
for special  education students,  that option  will only  impact a                                                              
very small  number of the special  education population.   He said                                                              
he questions the belief that providing  special education students                                                              
with  more  time   to  take  assessments  will   invalidate  those                                                              
assessments.   He also noted  that an  unfair system could  have a                                                              
devastating effect  on schools that are labeled  unsatisfactory in                                                              
terms of recruitment and retention.                                                                                             
                                                                                                                                
MR. RICE'S final  comment was in regard to how  cutoff scores will                                                              
be determined.   If a delay is not granted, the  August 2002 score                                                              
will be  determined through a  computation based on  cutoff scores                                                              
formulated from metropolitan  areas of the state.   He said he has                                                              
no  problem being  held accountable  for  students' progress  when                                                              
they are  present at the  school but  when he has exhausted  every                                                              
means available  to get  that child to  school and still  comes up                                                              
short,  he has  concerns about  being held  accountable for  their                                                              
lack of progress.   He said  that he concurs with  the conclusions                                                              
of the  designator committee  that without more  time and  data to                                                              
professionally deal  with the aforementioned questions,  the state                                                              
will walk into a disaster.                                                                                                      
                                                                                                                                
TAPE 02-4, SIDE B                                                                                                               
                                                                                                                                
CHAIRWOMAN  GREEN  asked  Dr.  McLain  to respond  to  Mr.  Rice's                                                              
concerns.                                                                                                                       
                                                                                                                                
DR. MCLAIN  reiterated some of his  earlier points by  saying that                                                              
the intent  is to  look at both  status as well  as growth  as the                                                              
designator  committee  feels  very  strongly  that  growth  is  an                                                              
integral part of any sort of plan.   By looking at growth, some of                                                              
Mr.  Rice's concerns  will  be addressed.    He agrees  this is  a                                                              
complex  issue and  it is one  that is  being looked  at in  every                                                              
state and  territory.   The Administration has  asked for  a delay                                                              
because DOEED wants to do a good  job.  The current law requires a                                                              
report in  August 2002.   If that law  is not changed,  DOEED will                                                              
comply  but the  report  will not  provide  as  satisfactory of  a                                                              
designation.                                                                                                                    
                                                                                                                                
DR. LEAL added that, in regard to  the special education students,                                                              
an essential piece  of the Elementary and Secondary  Education Act                                                              
is the  inclusion of  all students  in accountability systems  and                                                              
assessment.  Some  accommodations could go too  far and invalidate                                                              
a  test but  extra  time  is not  one  of  them.   The  designator                                                              
committee is  focused on coming up  with a fair and  equitable way                                                              
to score schools, which is why it has requested a delay.                                                                        
                                                                                                                                
CHAIRWOMAN  GREEN announced  that  she will  bring  the bill  back                                                              
before  the committee  in about  one  and one-half  weeks.   There                                                              
being  no further  business  to  come  before the  committee,  she                                                              
adjourned the meeting at 2:23 p.m.                                                                                              

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