HJR 13-FEDERAL EDUCATION LAW OF 2001  CHAIR DYSON announced HJR 13 to be up for consideration. REPRESENTATIVE CARL GATTO, sponsor, said the state needs some considerations in implementing the No Child Left Behind (NCLB) mandate. A federal government official said there would be no waivers, but Alaska has situations that do not exist in any other place in the nation. Alaska has one-room school houses that are not on a road system and if the NCLB were applied to the strictest limit, low-performing students would have to be moved to the next available school, a plane ride away. That would take those students out of their homes. This resolution asks for the widest possible consideration for Alaska only because it is truly unique. SENATOR WILKEN asked for a description of the Alaska consolidated state application accountability workbook, mentioned on page 2, line 16. MR. CODY RICE, staff to Representative Gatto, explained that the state consolidated workbook is the state's application to the federal officials for how we are planning on meeting the NCLB requirements. SENATOR WILKEN asked if every state has a workbook like that. MR. RICE answered yes. SENATOR GREEN arrived at 2:20 p.m. SENATOR WILKEN asked if endorsing this resolution means they are condoning the fact that some school districts don't teach English as a first language. REPRESENTATIVE GATTO responded that Anchorage has immersion programs, but unfortunately some children from villages will be taught by a Yupik teacher and won't know English. Those students would be tested in their native language through the third grade and then the requirement would shift to English. SENATOR WILKEN asked who would test them. REPRESENTATIVE GATTO said he thought the schoolteacher would prepare the test. Some accommodations would be made so that the teacher would read the questions and have the student write the answers down, until the student reaches the fourth grade. That is required in the standards and to meet the NCLB. SENATOR WILKEN said he wanted it on the record that he is troubled that we endorse it in some school districts. REPRESENTATIVE GATTO responded that philosophically, when dealing with rural communities, if there are children who have no intention of ever leaving their villages, that's an issue; but most of those children will some day want to move to another city, get a job, make a change, understand English, etc. They need to be prepared long before they graduate. And, if they don't want to move, having the knowledge base to be able to move will not hurt them. He doesn't want to condemn them to be in that village forever, like it or not. CHAIR DYSON referred to the language on page 1, line 14, and asked what he meant by "39 school districts each enroll less than 1 percent of the student body." REPRESENTATIVE GATTO replied if you take the student body of the state as whole, the schools are so small that only 1 percent of the student body is spread over 39 districts. CHAIR DYSON said that could be stated clearer. SENATOR WILKEN moved to adopt a conceptual amendment to page 1, line 13, to delete "the" and on line 14 to delete "student body" and insert "Alaska's students." There were no objections and Amendment 1 was adopted. TAPE 03-21, SIDE B  SENATOR WILKEN moved to pass SCSHJR 13(HES) from committee with individual recommendations. There were no objections and it was so ordered.