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HCS CSSB 133(EDU): "An Act relating to a two-year transition for implementation of the public high school competency examination and to establishing a secondary student competency examination as a high school graduation requirement; relating to certain reports regarding academic performance of schools; and providing for an effective date."

00 HOUSE CS FOR CS FOR SENATE BILL NO. 133(EDU) 01 "An Act relating to a two-year transition for implementation of the public high school 02 competency examination and to establishing a secondary student competency 03 examination as a high school graduation requirement; relating to certain reports 04 regarding academic performance of schools; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 PURPOSE AND INTENT. (a) As part of the state's quality schools initiative, the 09 purpose of this Act is to maximize the opportunity for the success of all public school students 10 by (1) continuing to measure student performance through appropriate testing based on 11 specific standards; (2) allowing the Department of Education and Early Development to 12 continue to develop and perfect the competency examination to allow measurement of 13 minimum competency and to perfect the testing method; (3) ensuring that school districts and 14 families receive performance data from standards-based assessments of students; and (4)

01 encouraging schools and school districts to develop and promote endorsements and awards 02 that document high levels of academic, artistic, and vocational achievement by graduating 03 students. The performance data is to be used to better determine appropriate academic 04 intervention and support for students. 05 (b) The purpose of the change of date made by sec. 7 of this Act is to 06 (1) allow for specific high standards to be set and maintained for public 07 schools in the state; and 08 (2) ensure maximum opportunity for all students to learn and for school 09 districts to improve. 10 (c) It is the intent of sec. 2 of this Act to establish a secondary student competency 11 examination that focuses on the minimum competencies in the areas of reading, English, and 12 mathematics that a student should have to know in order to function in our society. 13 * Sec. 2. AS 14.03.075, enacted by sec. 1, ch. 58, SLA 1997, is amended to read: 14 Sec. 14.03.075. Secondary student [PUPIL] competency testing. (a) A 15 student [PUPIL] may not be issued a secondary school diploma unless the student 16 [PUPIL] passes a competency examination in the areas of reading, English, and 17 mathematics or receives a waiver from the governing body. A governing body 18 may not grant a waiver to a student before the student's final semester of 19 attendance. The department shall determine the form and contents of the examination 20 and shall score completed examinations. [A PUPIL WHO FAILS TO PASS THE 21 EXAMINATION REQUIRED UNDER THIS SUBSECTION AND WHO IS NO 22 LONGER IN ATTENDANCE SHALL RECEIVE A CERTIFICATE OF 23 ATTENDANCE FROM THE SCHOOL DISTRICT INDICATING THE YEARS OF 24 ATTENDANCE AND THAT THE PUPIL HAS NOT PASSED A COMPETENCY 25 EXAMINATION OR RECEIVED A DIPLOMA.] 26 (b) A student [PUPIL] who fails the examination required under this section 27 shall be retested at least once during a school year on those portions of the 28 examination that the student has not passed. A student who passes any portion 29 of the test may not retake that portion of the test [MAY BE REEXAMINED. A 30 REEXAMINATION MAY NOT BE OFFERED MORE OFTEN THAN ONCE 31 EVERY THREE MONTHS AND MUST OCCUR WITHIN THREE YEARS AFTER

01 THE DATE THE PUPIL IS NO LONGER IN ATTENDANCE]. A student [PUPIL] 02 who, when retested, passes the portions of the test not previously passed 03 [REEXAMINATION] and who meets any other graduation requirements shall receive 04 a diploma from the school district. This subsection does not apply to a student who 05 is a child with a disability if the student's individualized education program team 06 recommends that the student not be retested. 07 * Sec. 3. AS 14.03.075, enacted by sec. 1, ch. 58, SLA 1997, is amended by adding new 08 subsections to read: 09 (c) Notwithstanding (a) of this section, 10 (1) a child with a disability who is receiving educational services 11 through an individualized educational program under AS 14.30.278 may qualify for 12 the issuance of a secondary school diploma by 13 (A) passing all portions of the examination described under (a) 14 of this section; 15 (B) passing all portions of the examination described under (a) 16 of this section with the accommodations approved by the student's 17 individualized education program team; or 18 (C) demonstrating, through a portfolio of work, mastery of 19 state performance standards established by the board; and 20 (2) a student who transfers into a public high school in this state shall 21 receive a diploma if the student 22 (A) meets graduation requirements imposed by the governing 23 body and the state; and 24 (B) has passed a competency examination in the state from 25 which the student transferred. 26 (d) A student who fails to qualify for the issuance of a diploma under (a) of 27 this section or a retest under (b) of this section by the end of the student's final 28 semester of attendance, but who has met all other graduation requirements of a 29 governing body and the state, shall be awarded a certificate of achievement. A 30 certificate of achievement may include the following information: 31 (1) the portions of the examination described under (a) of this section

01 that were passed; 02 (2) the student's attendance record; and 03 (3) other information indicating the qualifications of the student that 04 the governing body determines appropriate. 05 (e) The department shall by regulation establish uniform standards for 06 (1) pre-examination study materials; and 07 (2) procedures to be followed during administration of an examination. 08 (f) In this section, 09 (1) "child with a disability" has the meaning given "children with 10 disabilities" in AS 14.30.350; 11 (2) "individualized education program team" has the meaning given in 12 AS 14.30.350. 13 * Sec. 4. AS 14.03 is amended by adding a new section to read: 14 Sec. 14.03.078. Report. The department shall provide to the legislature by 15 January 15 of each year an annual report regarding the progress of each school and 16 school district toward high academic performance by all students. The report required 17 under this section must include 18 (1) information described under AS 14.03.120(d); 19 (2) the number and percentage of students in each school who pass the 20 examination required under AS 14.03.075, and the number who pass each section of 21 the examination; 22 (3) progress of the department 23 (A) toward implementing the school accountability provisions 24 of AS 14.03.123; and 25 (B) in assisting high schools to become accredited; 26 (4) a description of the resources provided to each school and school 27 district for coordinated school improvement activities and staff training in each school 28 and school district; 29 (5) each school district's and each school's progress in aligning 30 curriculum with state education performance standards; 31 (6) a description of the efforts by the department to assist a public

01 school that receives a designation of deficient or in crisis; 02 (7) a description of intervention efforts by each school district and 03 school for students who are not meeting state performance standards; 04 (8) the number and percentage of turnover in certificated personnel and 05 superintendents; 06 (9) the number of teachers by district and by school who are teaching 07 outside the teacher's area of endorsement but in areas tested by the high school 08 competency examination. 09 * Sec. 5. AS 14.03.120(d) is amended to read: 10 (d) Annually, before the date set by the district under (e) of this section, each 11 public school shall provide, in a public meeting of parents, students, and community 12 members, a report on the school's performance and the performance of the school's 13 students. The report shall be prepared on a form prescribed by the department and 14 must include 15 (1) information on accreditation; 16 (2) results of norm-referenced achievement tests; 17 (3) results of state standards-based assessments in reading, writing, and 18 mathematics; 19 (4) a description, including quantitative and qualitative measures, of 20 student, parent, community, and business involvement in student learning; 21 (5) a description of the school's attendance, retention, dropout, and 22 graduation rates, including the number and percentage of students who received a 23 diploma under a waiver from the competency examination required under 24 AS 14.03.075(a), as specified by the state board; 25 (6) the annual percent of enrollment change, regardless of reason, and 26 the annual percent of enrollment change due to student transfers into and out of the 27 school district; and 28 (7) if Native language education is provided, a summary and 29 evaluation of the curriculum described in AS 14.30.420. 30 * Sec. 6. AS 14.07.165 is amended to read: 31 Sec. 14.07.165. Duties. The board shall adopt

01 (1) statewide goals and require each governing body to adopt written 02 goals that are consistent with local needs; 03 (2) regulations regarding the application for and award of grants under 04 AS 14.03.125; 05 (3) regulations implementing provisions of AS 14.11.014(b); 06 (4) regulations requiring approval by the board before a charter school, 07 state boarding school, or a public school may provide domiciliary services; 08 (5) regulations implementing the secondary school student 09 competency examination provisions of AS 14.03.075, including the criteria and 10 procedure under which a governing body uses a waiver to grant a diploma to a 11 student; criteria regarding granting a waiver must include provisions that a 12 waiver may only be granted for students who enter the system late or have rare 13 or unusual circumstances meriting a waiver and must require that a student 14 satisfy the performance standards developed under AS 14.07.020(b) to the 15 maximum extent possible. 16 * Sec. 7. Section 3, ch. 58, SLA 1997, is amended to read: 17 Sec. 3. Section 1 of this Act takes effect February 1, 2004 [JANUARY 1, 18 2002]. 19 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 INTERIM STUDENT COMPETENCY TESTING. (a) Beginning February 1, 2002, 22 and ending January 31, 2004, and as directed by the state Board of Education and Early 23 Development, the governing body of each school district in the state shall give the 24 competency examination described in sec. 1, ch. 58, SLA 1997, at least twice each school 25 year. The results of the examination of a student under this section shall be reflected (1) in 26 that student's transcript in a manner that indicates which sections of the examination were 27 passed; and (2) as endorsements on the student's diploma that reflect the sections of the 28 examination that were passed, as directed by the state Board of Education and Early 29 Development. 30 (b) A student shall be retested at least once during a school year on those portions of 31 the competency examination described in sec. 1, ch. 58, SLA 1997, that the student has not

01 passed. This subsection does not apply to a student who is a child with a disability if the 02 student's individualized education program team recommends that the student not be retested. 03 In this subsection, 04 (1) "child with a disability" has the meaning given "children with disabilities" 05 in AS 14.30.350; 06 (2) "individualized education program team" has the meaning given in 07 AS 14.30.350. 08 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 REQUIRED REPORT. The Department of Education and Early Development shall, 11 by January 14, 2002, report back to the Alaska State Legislature with recommendations for 12 (1) a competency examination waiver process for students who enter the 13 school system late and for other students with rare or unusual circumstances that merit a 14 waiver; 15 (2) an appeals process for a student who is denied a high school diploma; 16 (3) establishing a process that allows issuance of a high school diploma to a 17 child with a disability based on a portfolio of work, as described under 18 AS 14.03.075(c)(1)(C), enacted in sec. 3 of this Act; and 19 (4) evaluating the process described under (3) of this section. 20 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 REPORT. The Department of Education and Early Development shall, by 23 February 15, 2002, deliver a report to the Alaska State Legislature that describes the proposed 24 criteria and procedure under which a school district could use a waiver to grant a diploma to a 25 student and that recommends statutory changes to the competency examination waiver 26 requirements that the department determines are necessary to maintain the school 27 accountability provisions of AS 14.03.123. 28 * Sec. 11. Section 3 of this Act takes effect on the effective date of sec. 1, ch. 58, SLA 29 1997, as amended by this Act. 30 * Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect immediately under 31 AS 01.10.070(c).