Legislature(2007 - 2008)BUTROVICH 205

02/27/2008 08:00 AM Senate SPECIAL COMMITTEE ON EDUCATION


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08:00:40 AM Start
08:01:11 AM SB285
08:37:51 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 285 STATE INTERVENTION IN SCHOOL DISTRICT TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             SENATE SPECIAL COMMITTEE ON EDUCATION                                                                            
                       February 27, 2008                                                                                        
                           8:00 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                              
                                                                                                                                
Senator Gary Stevens, Chair                                                                                                     
Senator Charlie Huggins, Vice Chair                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bettye Davis                                                                                                            
Senator Donald Olson                                                                                                            
Senator Gary Wilken                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 285                                                                                                             
"An Act  relating to  the power  and duties  of the Department  of                                                              
Education  and  Early  Development   for  improving  instructional                                                              
practices  in school  districts;  and providing  for an  effective                                                              
date."                                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 285                                                                                                                  
SHORT TITLE: STATE INTERVENTION IN SCHOOL DISTRICT                                                                              
SPONSOR(s): SENATOR(s) STEVENS                                                                                                  
                                                                                                                                
02/19/08       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/08       (S)       SED, FIN                                                                                               
02/27/08       (S)       SED AT 8:00 AM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TIM LAMKIN, Staff to Senator Stevens                                                                                            
Staff to Senator Stevens                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Introduced SB 285 on behalf of the sponsor.                                                              
                                                                                                                                
EDDY JEANS, Director                                                                                                            
School Finance and Facilities Section                                                                                           
Department of Education & Early Development                                                                                     
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided supporting information on SB 285.                                                               
                                                                                                                                
NEIL SLOTNICK, Senior Assistant Attorney General                                                                                
Civil Division                                                                                                                  
Labor and State Affairs Section                                                                                                 
Department of Law                                                                                                               
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Responded to questions related to SB 285.                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  GARY  STEVENS  called  the   Senate  Special  Committee  on                                                            
Education meeting to  order at 8:00:40 AM. Present  at the call to                                                            
order were Senators Gary Stevens and Charlie Huggins.                                                                           
                                                                                                                                
          SB 285-STATE INTERVENTION IN SCHOOL DISTRICT                                                                      
                                                                                                                                
CHAIR STEVENS announced the consideration of SB 285.                                                                            
                                                                                                                                
8:01:11 AM                                                                                                                    
TIM  LAMKIN,  staff  to Senator  Stevens,  introduced  SB  285  on                                                              
behalf of the sponsor.  He explained that the bill  is in response                                                              
to  Moore,  et  al.  v.  State of  Alaska.  It  is  an  effort  to                                                            
demonstrate  that the legislature  is taking  steps to  remedy its                                                              
perceived  failure to  adequately  oversee underperforming  school                                                              
districts  and schools  in  the state.  To  provide background  he                                                              
read the following excerpts from the Moore case into the record:                                                                
                                                                                                                                
     9.  …this Court  also finds  that  the Education  Clause                                                                   
     requires the  State to take ultimate  responsibility for                                                                   
     insuring  that each child  in this  state is accorded  a                                                                   
     meaningful   opportunity  to   achieve  proficiency   in                                                                   
     reading, writing, math, and science -                                                                                      
                                                                                                                                
     476.  The evidence  at  trial clearly  established  that                                                                   
     considerably  greater oversight  by the  State over  the                                                                   
     education  of   Alaska's  children,  at  least   at  the                                                                   
     state's  most  seriously  underperforming   schools,  is                                                                   
     critically needed.                                                                                                         
                                                                                                                                
     41. In  order to achieve  compliance with the  Education                                                                   
     Clause's  requirement  to maintain  a  system of  public                                                                   
     schools, the  State must do,  at a minimum,  two things.                                                                   
     First,  it must  establish  clear standards  for  school                                                                   
     districts  that  are  necessary   for  the  district  to                                                                   
     retain  full local  control.  … Second,  the State  must                                                                   
     exercise   considerably  more   oversight  and   provide                                                                   
     considerably  more  assistance  and direction  to  those                                                                   
     schools  that  are identified  as  failing to  meet  the                                                                   
     State's  constitutional   obligation,  in   a  concerted                                                                   
     effort to remedy the situation.                                                                                            
                                                                                                                                
8:03:02 AM                                                                                                                    
EDDY  JEANS,  Director,  School Finance  and  Facilities  Section,                                                              
Department of Education  and Early Development  (DEED), introduced                                                              
himself  and   Mr.  Slotnick,  the  department's   attorney.  DEED                                                              
believes  this bill  sends a  clear message  to school  districts,                                                              
school  boards, and  school administrations  that the  Educational                                                              
Clause places  responsibility on  the legislature rather  than the                                                              
local school  board to  establish and  maintain public  schools in                                                              
the state.  Obviously, when  the local school  board is  doing its                                                              
job DEED  wants to  allow that  to happen.  But this bill  removes                                                              
any question about  where the obligation lies.  The administration                                                              
supports the  bill, but it  does have an  amendment coming  to fix                                                              
language on page 1.                                                                                                             
                                                                                                                                
CHAIR STEVENS  advised that the  committee will not pass  the bill                                                              
today because only  he and Senator Huggins are  present. He'd like                                                              
to get as  much information as  possible today and then  deal with                                                              
the bill  when the  full committee  comes together.  He asked  Mr.                                                              
Slotnick if he had any opening remarks.                                                                                         
                                                                                                                                
8:05:06 AM                                                                                                                    
NEIL   SLOTNICK,   Senior  Assistant   Attorney   General,   Civil                                                              
Division,  Labor  and State  Affairs  Section, Department  of  Law                                                              
(DOL), said he is available to answer questions.                                                                                
                                                                                                                                
CHAIR  STEVENS  asked if  the  intent  of this  legislation  gives                                                              
authority that is lacking under the current system.                                                                             
                                                                                                                                
MR.  JEANS  replied  the  real  purpose  is  to  look  beyond  the                                                              
district down  to the level of  individual schools. He  noted that                                                              
in  some districts  where  DEED  intervened  there has  been  some                                                              
"pushback."  Some  local  school  boards  questioned  whether  the                                                              
state  has the  authority  to direct  how money  is  spent or  how                                                              
personnel  decisions  are made.  He  reminded the  committee  that                                                              
when DEED  intervened in the  Yupiit School District,  two schools                                                              
promptly  complied with  the department's  directions  and in  one                                                              
school  the principal  was less  cooperative. SB  285 would  allow                                                              
DEED, in similar  circumstances, to direct the  district to remove                                                              
the uncooperative person.  "It's a strong hammer but  it sends the                                                              
message and I  believe that school districts will  understand they                                                              
have to  cooperate with the department  of education; it's  not an                                                              
option."                                                                                                                        
                                                                                                                                
MR. SLOTNICK  added that the judge  found the best  approach might                                                              
be for the  legislature to consider according DEED  more authority                                                              
to direct  a school  district to  allocate more  of its  resources                                                              
into the classroom. Judge Gleeson said:                                                                                         
                                                                                                                                
     The exact nature  of these additional efforts  should be                                                                   
     for the  State in the  first instance to determine.  But                                                                   
     this Court  finds that  the efforts  taken as of  trial,                                                                   
     particularly   with  respect   to   the  Yupiit   School                                                                   
     District, are constitutionally inadequate.                                                                                 
                                                                                                                                
Her  recommendation came  from testimony  by Commissioner  Sampson                                                              
who was  recognizing that as  of the date  of trial, DEED  had, to                                                              
the best  of its  ability, implemented  the accountability  system                                                              
that the  legislature adopted in 1998.  But it's time to  put more                                                              
teeth in the  accountability system, he said. DEED  is only asking                                                              
for authority  to use district  funds to hire contract  personnel;                                                              
there's no  intention to create  more infrastructure. The  idea is                                                              
to do  what the judge  said and  direct additional resources  into                                                              
the  classroom. "That's  the point  of this  authority that  we're                                                              
asking for," he said.                                                                                                           
                                                                                                                                
8:08:46 AM                                                                                                                    
CHAIR  STEVENS  commented   that  when  he  was   a  school  board                                                              
president,  one of  the guiding  principles was  local control  of                                                              
education. He  asked if he's  hearing that school  districts don't                                                              
need to  worry; this isn't  a power grab  by DEED.  The department                                                              
will  only intervene  in  egregious  situations where  the  school                                                              
district has  failed to provide  students with the  education they                                                              
need.                                                                                                                           
                                                                                                                                
MR. SAMPSON  replied  that is the  department's  intent and  it is                                                              
reflected  in the  intent language  in  the bill.  Where there  is                                                              
evidence   that  local  control   is  working,   where  a   higher                                                              
percentage   of  students   are  proficient   or  growing   toward                                                              
proficiency,  then   DEED  will   back  off.  Under   its  current                                                              
authority  DEED could  have intervened  in  more school  districts                                                              
than  it has.  For example,  in  the Bering  Strait District  some                                                              
schools  are not  showing  high performance  and  that could  have                                                              
been  sufficient justification  to intervene.  But the  department                                                              
looked  at  the  elements  and  saw  good  leadership,  growth  in                                                              
achievement,  as  well  as  use  of  data  in  the  classroom  and                                                              
determined  that local control  was doing  better than  DEED could                                                              
do from Juneau.  In contrast, in another school  district DEED saw                                                              
that resources  were not  being directed  into the classroom;  the                                                              
districts  were buying  new  curriculum in  an  effort to  correct                                                              
problems. What  they needed to do  was use the data they  had, use                                                              
continual assessment  and feedback  and get  the teachers  to talk                                                              
to each other.  DEED sent a team  into that district to  help them                                                              
direct more resources  into the classroom through  those means. As                                                              
Mr. Jeans  said, there  was pushback  in some  districts.  In some                                                              
instances  the first  thing  the district  did  was consult  their                                                              
lawyer  and they  received  the  advice that  they  could mount  a                                                              
challenge  to stop  DEED.  That  hasn't happened.  "We've  already                                                              
spent  over $1  million  on one  lawsuit;  we  don't want  another                                                              
one," he said.                                                                                                                  
                                                                                                                                
8:12:37 AM                                                                                                                    
SENATOR  HUGGINS   asked  if  districts  are  still   required  to                                                              
allocate 70  percent of  their funding to  classrooms and  if that                                                              
figure is tracked.                                                                                                              
                                                                                                                                
MR. JEANS  replied it  is tracked  and 22  or 23 school  districts                                                              
didn't meet the 70 percent requirement this year.                                                                               
                                                                                                                                
SENATOR HUGGINS  asked where  the schools  that had  interventions                                                              
fell on the scale.                                                                                                              
                                                                                                                                
MR. JEANS replied he would get the answer.                                                                                      
                                                                                                                                
SENATOR HUGGINS described it as a fundamental question.                                                                         
                                                                                                                                
MR.  JEANS relayed  that  he has  a problem  with  the 70  percent                                                              
requirement  because   it's  based  on  statewide   averages.  For                                                              
example,  the Lower Kuskokwim  School District  has operation  and                                                              
maintenance  expenses that are  over 25  percent of their  budget.                                                              
They'll  never  be  able  to spend  70  percent  on  instructional                                                              
programs  unless a  tremendous  amount of  money  is infused  into                                                              
that district  to offset  those  costs. In Alaska  the system  for                                                              
accountability is  the assessment system. He doesn't  consider the                                                              
70/30 allocation to be an accountability system.                                                                                
                                                                                                                                
SENATOR HUGGINS  said he  agrees and  perhaps the 70/30  provision                                                              
should  be reviewed.  With  regard to  assessments,  he said  that                                                              
some  say they're  helpful and  others say  they're a  distracting                                                              
waste of time. It  appears that you ran into one  of those schools                                                              
of thought, he said.                                                                                                            
                                                                                                                                
MR.  JEANS replied  he  finds the  entire  concept of  assessments                                                              
very interesting.  Even people  who disagree with  standards-based                                                              
assessments use some  sort of assessment tool in  their individual                                                              
classrooms.                                                                                                                     
                                                                                                                                
8:16:30 AM                                                                                                                    
SENATOR  HUGGINS  said  part  of  the problem  may  be  that  some                                                              
teachers set  the list  of indicators aside.  "Then we  never take                                                              
the next  step of how  we address  those individual  indicators we                                                              
have on kids in classrooms."                                                                                                    
                                                                                                                                
MR.  JEANS agreed  partially. When  DEED intervenes  it goes  into                                                              
schools  to help  teachers understand  the  assessment system  and                                                              
how it's  aligned with grade-level  expectations. DEED  has online                                                              
assessments  to  ensure that  teachers  are doing  weekly  student                                                              
assessments  and that's available  to every  teacher who  wants to                                                              
use it.  But when DEED  intervenes, the  teachers are  required to                                                              
use  the  online  assessment.  "We  believe  that  there's  better                                                              
instruction  going on and  we can  actually see increased  student                                                              
achievement because of it," he said.                                                                                            
                                                                                                                                
SENATOR  HUGGINS  suggested  a   stepped  process  so  people  are                                                              
informed  about  what  actions  may be  coming  about.  Also,  the                                                              
legislature  has  to  be  informed since  it  is  responsible.  He                                                              
acknowledged that he had been unaware of the interventions.                                                                     
                                                                                                                                
8:19:09 AM                                                                                                                    
MR. JEANS  explained  that No Child  Left Behind  (NCLB) lays  out                                                              
the process  the department must  go through in  evaluating school                                                              
districts.  Similar  steps  are   used  in  evaluating  individual                                                              
schools, he  said. "It shouldn't  be new to school  districts." He                                                              
encouraged the committee  to review the PowerPoint  that Les Morse                                                              
delivered  to  the to  the  NCLB  winter conference.  Through  the                                                              
lawsuit   the  judge   made  it   very  clear   that  it   is  the                                                              
legislature's responsibility  to operate  and maintain; it  is not                                                              
the  responsibility of  the local  school  board. "Where  students                                                              
are  not  being  afforded  an  opportunity  to  learn,  the  state                                                              
absolutely has an obligation to step in," he said.                                                                              
                                                                                                                                
SENATOR  HUGGINS said  he hopes  that this will  be a  cooperative                                                              
process so that districts can take some ownership going forward.                                                                
                                                                                                                                
MR. JEANS  responded the intent  is to work cooperatively  through                                                              
local school  district administrations  to develop an  improvement                                                              
plan that  will lead  to increased  student achievement.  There is                                                              
no intention  for DEED  to step  into the  local school  and start                                                              
directing the principal on how to run his or her school.                                                                        
                                                                                                                                
SENATOR HUGGINS  said he hopes there  will be feedback  from the 6                                                              
school  districts  that  had  interventions   and  the  16  school                                                              
districts that DEED is looking at closely.                                                                                      
                                                                                                                                
8:21:35 AM                                                                                                                    
CHAIR STEVENS  observed that  when he  was school board  president                                                              
he assumed that  local school boards control their  districts, but                                                              
he isn't  sure where  that notion came  from. He questioned  where                                                              
that rule abides in law and how pervasive it is.                                                                                
                                                                                                                                
MR.  SLOTNICK  replied   the  court  has  always   recognized  the                                                              
overriding  concept of local  control. State  legislatures  put it                                                              
into statute  and courts recognize  that local control  results in                                                              
a tremendous  buy-in  into education  on the  local level.  That's                                                              
ingrained in  this country's educational  system, but it's  not in                                                              
the  constitution.  Prior  to  1977  Alaska  experimented  with  a                                                              
state-run  system  in rural  areas  but  it wasn't  successful.  A                                                              
study  indicated  that  after  going to  local  control  in  rural                                                              
districts  there was significant  improvement  over 20 years.  Now                                                              
we're  seeing that  some of those  school districts  need  help to                                                              
progress to the next level, he said.                                                                                            
                                                                                                                                
8:24:11 AM                                                                                                                    
CHAIR STEVENS  asked what repercussions  might be expected  if the                                                              
legislature doesn't comply with Judge Gleason's recommendations.                                                                
                                                                                                                                
MR. SLOTNICK replied  he would defend the current  system as being                                                              
consistent  with the  constitution,  but if  the legislature  does                                                              
nothing  the judge  might very  well take  action in  the area  of                                                              
finances.  That could  be an  expansion of  the 70/30  rule or  it                                                              
could entail more  accounting rules. It would be  well-meaning but                                                              
not  necessarily  effective.  "What  we're  advocating  is  actual                                                              
intervention   in  the   classroom  with   professionals  with   …                                                              
something  that  gets  directly  to the  students  as  opposed  to                                                              
working through  the accountants  and the business  managers." The                                                              
judge also spoke  of a statewide curriculum, which  is a different                                                              
direction than  facilitating local control  so it can do  a better                                                              
job.                                                                                                                            
                                                                                                                                
MR. SLOTNICK said  he also worries about the exit  exam. The judge                                                              
made  a  finding  that  in  school   districts  that  are  out  of                                                              
compliance  with the  Education  Clause, the  exit  exam can't  be                                                              
implemented. But those  are the districts that need  the exit exam                                                              
more than any others, he said.                                                                                                  
                                                                                                                                
MR. SLOTNICK  stressed that  it's important  that the  legislature                                                              
clearly articulate  what it  wants from  the education  system. If                                                              
it  determines  that  an  approach  other than  SB  285  would  be                                                              
consistent with the  constitution, then DOL will  defend that; but                                                              
this  bill does  follow from  the accountability  system that  the                                                              
legislature adopted in  1998. "It seems clear to me  that in order                                                              
to fully  implement that  system, we do  need more authority.  But                                                              
it  made sense  to hold  off  giving us  more  authority until  we                                                              
showed that we're able to do what you asked us to do in '98."                                                                   
                                                                                                                                
8:28:15 AM                                                                                                                    
SENATOR  HUGGINS  asked  what  the  reaction  would  be  if  Chair                                                              
Stevens were  to send the judge  a letter saying that  she has the                                                              
legislature's attention  and the  districts will receive  an extra                                                              
$2 million.                                                                                                                     
                                                                                                                                
MR.  JEANS replied  he  doesn't  believe that  would  do any  good                                                              
because  the judge  found that  the system  is adequately  funded.                                                              
What she  said is that  based on  the accountability  system, some                                                              
schools  have  very  low  performing students  and  the  state  is                                                              
obliged  to  put forth  its  best  effort  to help  those  schools                                                              
increase student achievement.                                                                                                   
                                                                                                                                
SENATOR HUGGINS  asked if  schools in  the Bush  offer as  good an                                                              
education as those in urban areas.                                                                                              
                                                                                                                                
MR. JEANS  offered his  belief that  regardless of where  children                                                              
reside, if  they believe in the  educational system and  it's what                                                              
they want,  then it is  theirs to take.  What a student  gets from                                                              
the school  depends on  the individuals,  their families,  and the                                                              
support they get as they move through the system.                                                                               
                                                                                                                                
8:31:05 AM                                                                                                                    
SENATOR HUGGINS said  his point is that cultural  standards differ                                                              
depending on the area.                                                                                                          
                                                                                                                                
MR.  JEANS  agreed  that  cultural  differences  do  impact  where                                                              
students end up at the end of their educational career.                                                                         
                                                                                                                                
8:32:28 AM                                                                                                                    
SENATOR  HUGGINS  said he  isn't  looking  for  an answer  but  he                                                              
wonders  whether that  ought  to be  a factor  in  what the  state                                                              
does.                                                                                                                           
                                                                                                                                
CHAIR STEVENS  related a story about  a boy who went  through high                                                              
school in  Old Harbor  on Kodiak  Island and went  on the  get his                                                              
PhD  in  anthropology.   Recently  he  received   the  $1  million                                                              
McArthur  Foundation  award, which  shows  that some  people  will                                                              
rise  through whatever  system  they  are part  of  and become  an                                                              
enormous success.  He asked  if there was  anything else  to bring                                                              
before the committee.                                                                                                           
                                                                                                                                
MR.  JEANS said  that the  following statement  from the  decision                                                              
drives home why SB 285 is before the committee.                                                                                 
                                                                                                                                
     If a  school, despite  adequate funding,  is failing  to                                                                   
     accord   a  child  with   a  constitutionally   adequate                                                                   
     education  -  such  as  failing to  give  that  child  a                                                                   
     meaningful  opportunity to  acquire  proficiency in  the                                                                   
     State's  own performance  standards -  then the  concept                                                                   
     of local  control must give  way because that  school is                                                                   
     not  being  maintained  as  required  by  the  Education                                                                   
     Clause.                                                                                                                    
                                                                                                                                
At ease from 8:34:09 AM to 8:36:37 AM.                                                                                      
                                                                                                                                
CHAIR STEVENS  thanked Mr.  Jeans and Mr.  Slotnick. He  said that                                                              
the school  board association  and individual  school boards  will                                                              
have an  opportunity to speak to  this legislation on  Saturday at                                                              
9:00 am. At that  time there will be a committee  substitute (CS).                                                              
SB 285 was held in committee.                                                                                                   
                                                                                                                                
There  being no  further business  to come  before the  committee,                                                              
Chair Stevens adjourned the meeting at 8:37:51 AM.                                                                            
                                                                                                                                

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