Legislature(2015 - 2016)CAPITOL 106
04/08/2015 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB156 | |
| HB85 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 156 | TELECONFERENCED | |
| += | HB 102 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 85 | TELECONFERENCED | |
HB 85-STUDENT DATA & ASSESSMENTS
9:04:58 AM
CHAIR KELLER announced that next order of business would be
HOUSE BILL NO. 85, "An Act relating to college and career
readiness assessments for secondary students; and relating to
restrictions on the collection, storage, and handling of student
data."
9:05:30 AM
REPRESENTATIVE VAZQUEZ moved to adopt CSHB 85, 29-LS0301\S as
the working document. There being no objection Version S was
before the committee.
9:06:07 AM
The committee took a brief at ease.
9:06:47 AM
REPRESENTATIVE LORA REINBOLD, Alaska State Legislature, referred
to Article I, Section 22, of the Alaska State Constitution,
which reads:
The right of the people to privacy is recognized and
shall not be infringed. The legislature shall
implement this section.
REPRESENTATIVE REINBOLD stated that Alaska's education is the
most treasured resource; thus a parent's right to decide what is
best for their child's education is necessary for the success of
Alaskan students, and this bill allows students to opt out of
statewide assessments. As the educational system merges into
the Digital Age it includes assessments, and it is the
legislature's duty to protect the privacy, security, and
confidentiality of Alaska citizens, including student data, she
remarked. She indicated that throughout the nation there has
been growing public concerns regarding the collection of
personal data and the breach of that data. She conveyed that HB
85 addresses the concerns by strengthening digital privacy laws
and enhancing data collection transparency to parents and
guardians. It also requires the State Board of Education and
Early Development to make publically available an inventory and
index of data elements with definitions of individual student
data fields currently in the statewide longitudinal data system.
She explained this legislation will require the establishment of
a data security plan, ensuring compliance with federal and state
privacy laws and policies, and will prohibit the sharing of
personally identified information for commercial purposes. She
referred to the Family Educational Rights and Privacy Act
(FERPA), 20 U.S.C. § 1232g, and stated that FERPA defines
educational records personal identifiable information (PII) if
it directly relates to a student, maintained by an agency or
party acting for the agency. She advised the indirect
identifiable information is the date of birth, mother's maiden
name, et cetera, but the student's name or the name of a family
member is PII.
9:10:11 AM
REPRESENTATIVE REINBOLD proceeded with a brief sectional summary
of HB 85, and said Section 1, requires the Department of
Education and Early Development (EED) to provide an annual
security report to the legislature. Also, she said, it is
critical to assist in preventing lawsuits and ensure that a data
policy is in place to reduce liability to the state as the
legislature does not want Alaska's children exposed. She
referred to Section 2, and offered that it allows school
districts to provide either written or electronic copies of
student records to parents, foster parents, or guardians. She
explained that Section 3, prohibits the use of student data
containing personally identifiable information (PII), or data
pertaining to parents, teachers, or staff, for commercial
purposes; and this section prohibits the release of student data
to consortiums or interstate educational organizational
organizations without prior consent, and prohibits schools,
school districts, and the department from requesting students'
social media passwords. She commented that a stay was put in
place on a lawsuit in Missouri as it was making interstate
compacts and found it had not been approved through Congress.
Section 4, she related, adds requirements for school districts
related to data security and the school districts must provide
plans. She added that Section 5, defines "student data," and
Section 6, requires the department to adopt procedures allowing
parents to opt their children out of statewide student
assessments. She said there is an opportunity for parents to
opt out, on page 112 in the district's manual, using code 999,
and it is called "Refuse the Test," but many parents are using
the word "opt out" and the district will not accept it. She
referred to Section 7, which requires the State Board of
Education and Early Development to adopt policies and procedures
related to data privacy. She stated that Section 8, repeals AS
14.03075(a),(b),(c), (e)(1), and AS 14.03.078(a), which relate
to college and career readiness assessments, SAT and ACT, and to
annual reports by the department. She noted there a $525,000
figure, included in Governor Bill Walker's FY2016 request,
depicted on the fiscal note, but opined it has always been the
parents' responsibility to pay for those tests.
9:15:42 AM
CHAIR KELLER referred to Sec. 3, "prohibits release of student
data to consortiums here in the state ... educational
organization without prior consent, and asked the consent of
what."
REPRESENTATIVE REINBOLD advised the person identified in the
personal identifiable information would have to offer a release.
9:16:13 AM
REPRESENTATIVE SEATON referred to Sec. 8, repealing SAT and ACT
and asked whether it is also repealing the WorkKeys requirement
in grade 11.
REPRESENTATIVE REINBOLD responded that the bill is not intended
to repeal WorkKeys and if it does, it should be amended.
9:16:43 AM
REPRESENTATIVE DRUMMOND referred to an undated letter from Dr.
Susan Henrichs, Provost and Executive Vice Chancellor for
Academic Affairs, University of Alaska Fairbanks contained
within committee packets, and said it expresses concerns that
"the University teacher education programs demonstrate that the
teachers they have prepared are effective. That must be done by
measuring student learning in the classes that the graduates
teach. If no data about K-12 student learning are available to
UA, that will be impossible."
REPRESENTATIVE REINBOLD advised she has another letter regarding
concerns about the accreditation issues with the UAF in order to
have this information. She indicated the letter is from Steve
Chepko, Senior Vice President, Council for Accreditation of
School Educators (CAEP) specifically addressing the concerns of
Provost Henrichs, and advised the letter will be made available
to the committee. She said, "they assured that the digital
privacy for K-12 data didn't [sic] any way jeopardize UA's
accreditation. She indicated that only high level data would be
used and it never requires the release of individual student
data. In fact, they don't even want that data, they stated.
Furthermore, the state ... the states that did not allow for
aggregated data to be released still were able to show efficacy
of students' performance without the aggregated data." She
related that she specifically requested information regarding
Section 4.1 from Provost Henrichs, and Steve Chepko stated that
"actually the K-12 data in individual [indisc.] data in
individual, each candidate is required for accreditation at all.
And they said they would be ... from Tiffany Erickson ... that
they're willing to do an official statement in regards to this
issue."
CHAIR KELLER opened public testimony.
9:19:44 AM
LANCE ROBERTS said he is on the Fairbanks Borough Assembly, is
representing himself, and also reporting various viewpoints from
the public. He offered support for protecting the privacy of
the data and allowing parents to opt out. Parents have advised
him that they may put their children into private home schooling
as opposed to the public school system so they don't have to
deal with the information they are required to offer. He
remarked that federal overreach is fought on many levels, such
as land and resources, and it is "sad" to see Alaska "bow down"
to federal overreach in the area of education. He described the
federal government as performing poorly in the area of education
and since the federal government has gotten involved, education
has gotten worse. He said, "EED, and I want you guys to
remember this, that last year you told them not to do anything
implementing costs for which is what our state standards are."
He advised that Fairbanks has a textbook that reads "Common
Core" on its face. He pointed out that EED has not been acting
in the best interest of the parents who are primarily
responsible for the education of their children. Protecting
parental rights is a primary responsibility, he related, and the
constitutional right to privacy, "the legislature is the one
that implements that right to privacy." He indicated it is
important legislators support CSHB 85, and other measures
designed to protect the privacy of the students and parents, and
their ability to direct the education and assessment of their
children.
9:22:41 AM
MARGRET MULLINS [Technical difficulties] stressed that privacy
issues have come to the fore based upon the invasive common core
practices, and opined that the thrust of the common core testing
includes unlawful questions. Therefore, she related, the
students' ability to learn results in an empty skill set, while
providing data that supports/clarifies lack of response to
specific curriculum. She said that in the event a student
disregards the indoctrination information that is presented, the
teachers are held responsible and acquainted this to Nazi
Germany methods of funneling information through teachers. She
noted that Bill Gates has funded the Common Core movement, but
his children are not subject to the same standard as they attend
a private school. She conveyed that the indoctrination program
is serious and eliminates critical and independent thinking, and
the commonality is the low denominator used, and privacy is
important to protect.
9:32:16 AM
BARBARA HANEY said that the data on Alaska's students is at an
indeterminate state. Although, she remarked, EED has assured
everyone that the data is not shared, except the testimony of
the Alaska Commission on Postsecondary Education (ACPE) of
2/9/15 indicated it obtains the information it needs and retains
it in a personally identifiable form, even though it is separate
from the [indisc.] system, it does retain it so it can link the
information in future years. She described a problem in that
Alaskans do not know what is included in that data as there is
not a clear policy. During the 2/20/15 hearing, ACPE said it
has policy in progress, but no policy has been established. She
remarked ACPE also indicated there was an opportunity for them
to join the Western Interstate Commission for Higher Education
(WICHE) P-20W of which five states currently participate, and
WICHE was heavily involved in the grant for Alaska's P-20W
system. Also, a State Authorization Reciprocity Agreement
(SARA) exists which is a portal of concern for data mining. She
said that in addition to the WICHE P-20W, the state is involved
in SARA and apparently there was a WICHE and a Midwest Higher
Education Commission P-20W with 16 states, and ACPE in Alaska is
listed as a portal. She is unsure whether any of Alaska's data
has been entered into it currently, but Alaska is on their map
as a participating state and whether any House Education
Standing Committee member is aware of its existence. She
referred to Provost Henrichs' concerns about the data privacy
bill and assured the committee that the accreditation agency
will not deny accreditation. She advised that Kansas, with a
tougher bill than CSHB 85, doesn't allow sharing of aggregated
data, and yet its schools have accreditation from CAEP.
CHAIR KELLER asked whether the SARA agreement can be researched
through the Alaska Commission on Postsecondary Education (ACPE).
MS. HANEY opined that the House Education Standing Committee
should ask ACPE to testify or submit written questions. In
addition, she remarked, the committee may want to consider
testimony from David Bodnick from WICHE, as apparently the Gates
Foundation is funding "a good chunk of this stuff."
9:37:59 AM
TANYA HALLIDAY testified in support of CSHB 85 and stated that
one of her children took the AMP test even though she sent a
"request for him that specifically said I refuse testing for my
child in all four sections of the Alaska Measures of Progress
and they still made him take that test." She related that on
the Alaska Measures of Progress (AMP) website they're intending
to use the AMP scores used in educator evaluations, and she has
concerns regarding her family's right to privacy. She suggested
the committee review last year's testimony from the Kansas State
Legislature, Representative Ron Highland. She mentioned an on-
line article citing national issues with OASIS metadata and the
P-20W. She advised she has an issue with EED in that it has a
student data reporting manual and is concerned with all the
advances in technology required being updated.
MS. HALLIDAY, in response to Chair Keller, advised the "Data
Reporting Manual, a Handbook for the State of Alaska," found
online.
9:42:00 AM
TARYN LUSKLEET said she is testifying for herself with children
in the Interior Distance Education of Alaska (IDEA) program and
is concerned about the advent of data bases being connected to
the test results. She conveyed that data security issues abound
greatly, especially in light of ACPE's testimony, on 2/9/15 and
2/20/15, regarding its plans for student data. According to
that testimony, she related, it plans to track the student from
Pre-K continuing throughout their workforce years, during their
adult life as it will check in on an individuals to track their
success and progress at regular, ongoing intervals throughout
adulthood. She said ACPE's also stated that the Alaska P-20W
database will include the standards-based tests mandated by
ESEA, the AMP in Alaska, as well as home school data, and that
data will go across state lines. She referred to page 96, of
the "SSSS (indisc.) Report for Phase 2, lists the project
entitled "Data Mart," and questioned who the stakeholders were.
She related that parents are concerned, in light of the Family
Educational Rights and Privacy Act (FERPA) having been gutted by
U.S. Secretary of Education Arne Duncan in December 2011,
effective January 2012. The Electronic Privacy Information
Center (EPIC) sued the U.S. Department of Education over that
very issue. The constant reassurance she sees in grant
documents in various state websites reference FERPA as some kind
of reassurance are no reassurance any more. It doesn't require
parental or student consent for sharing personally identifiable
information as it only recommends it as a best practice and that
is not enforceable. She advised that the date coincides with
when the federal government approached the states about setting
up the Statewide Longitudinal Data System (SLDS) and their own
(indisc.) initiative for the granddaddy of all those databases.
9:45:20 AM
MS. LUSKLEET continued that given ACPE's testimony and her
review of the grant, she is completely uncomfortable with her
children participating in that system and many parents question
whether enrollment in a public school system is a good idea.
Alaska Standards are coded with exactly the same electronic
codes as the Common Core Standards. Ms. Luskleet referred to
Commissioner Mike Hanley's correspondence with DigitalChalk
Single Sign-on (DCSSO), and with Patrick Rooney, United States
Department of Education, which confirms that the final edition
of the Alaska Standards "align very closely to the Common Core."
She noted she has seen the list of exactly where they differ, it
is 10 pages long where Alaska Standards and Common Core
Standards is where the electronic codes differ. She explained
that these codes garner information regarding exactly how a
student performed on each standard. She offered a web site
regarding the globally unique made for the use of computers by
the federal government.
CHAIR KELLER commented that testing is an important part of the
common core initiative.
MS. LUSKLEET reiterated that it all ties together because the
AMP standards have the same electronic core and the information
going into the databases is not just the overall test score as
in the past. She said her concern is who has access to the
databases knowing precisely how Alaska's children are thinking
about each one of the verbs inside the standards which allows a
person to access to a huge glimpse into a student's brain.
9:49:37 AM
ANN BILLS said she is representing her family in asking the
committee to support CSHB 85. She echoed the sentiments of the
previous witnesses.
CHAIR KELLER announced CSHB 85 was held in committee.
9:51:27 AM
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB156 Workdraft I.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 156 |
| HB156A.PDF |
HEDC 4/8/2015 8:00:00 AM |
HB 156 |
| HB156 Sponsor Statment.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 156 |
| CSHB156Fiscal Note.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 156 |
| HB156 Research Report.pdf |
HEDC 4/8/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 156 |
| HB156 FY 16 proposed ed budget.pdf |
HEDC 4/8/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 156 |
| CSHB85 Work Draft Version S.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |
| HB156 FED LAW REVISE.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 156 |
| HB156 Ed Week stories.pdf |
HEDC 4/8/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 156 |
| HB85 Draft Proposal CS v P.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |
| HB85 Sectional Analysis.pdf |
HEDC 4/8/2015 8:00:00 AM |
|
| CSHB85 Sectional version P.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |
| HB85 Sponsor Statement.docx |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |
| HB85 ver N.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |
| HB85 Oppose UAF.pdf |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |
| HB85 Support Written Testimony Sisson.doc |
HEDC 4/8/2015 8:00:00 AM |
HB 85 |