Legislature(2015 - 2016)CAPITOL 106
04/13/2015 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 102 | TELECONFERENCED | |
| += | HB 156 | TELECONFERENCED | |
| += | HB 85 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 85-STUDENT DATA & ASSESSMENTS
8:11:45 AM
CHAIR KELLER announced that the final 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."
8:12:07 AM
REPRESENTATIVE VAZQUEZ moved CSHB 85, labeled 29-LS0301\L as the
working document. There being no objection, Version L was
before the committee.
8:13:39 AM
REPRESENTATIVE LORA REINBOLD, Alaska State Legislature, offered
an apology for the different versions, and advised the reason
for the last version was that it contained a minor technicality
with regard to criminal and delinquency records. The sponsor's
intent is that people are able to access those records but,
unfortunately, Legislative Legal and Research Services was
working off of a previous version. She explained that the
reason for Version L is that another technical error was found
in the version that Legislative Legal and Research Services ...
they were trying to repeal an annual report so it was in Sec. 8,
and she did not want that the annual report repealed and that
there was never a discussion to have it repealed, so
consequently, Version L is before the committee.
CHAIR KELLER confirmed that the only difference between Version
L and the previous version [Version F] is Sec. 8.
REPRESENTATIVE REINBOLD said that is the main change and there
is one other technical word to comply with federal law.
8:16:27 AM
CHAIR KELLER offered that while the sponsor is looking to
respond, to refer to page 8, line 14, where he discovered one of
the repealors taken out, and the repealors in the old version,
and it is AS 14.03.078(a) that is no longer repealed - the
report.
REPRESENTATIVE REINBOLD said "That's correct. We never had any
intention of that ... (indisc.) repeal annual report to the
committee. There is one other technical change on page 7, line
9-10, which read:
(iii) authorize agencies as provided in
state or federal law;
REPRESENTATIVE REINBOLD said it was to authorize agencies as
provided in state or federal law.
8:18:02 AM
REPRESENTATIVE SEATON asked that changes be brought to the
committee in the form of amendments in order to clearly see
them.
CHAIR KELLER pointed out that is procedural.
REPRESENTATIVE SEATON reminded Chair Keller that Conceptual
Amendment 2, Version F, is still on the table and asked whether
that amendment has now been cancelled, or should it be re-
offered.
8:18:38 AM
The committee took a brief at-ease.
8:19:39 AM
CHAIR KELLER pointed out that the committee adopted Version L,
but that will not take away Representative Seaton's choice to
offer a new amendment to Version L.
REPRESENTATIVE REINBOLD reiterated there is a technical change
on page 7, line 9-10, which read:
(iii) authorize agencies as provided in
state or federal law;
REPRESENTATIVE REINBOLD said it was to authorize agencies as
provided in state or federal law.
CHAIR KELLER referred to the previous version [Version F], on
page 6, lines 24-25, which read:
(iii) authorized agencies as provided
in state or federal law or by an interagency
agreement;
REPRESENTATIVE REINBOLD assured Chair Keller those were the only
two changes.
8:21:03 AM
The committee took an at-ease from 8:21 to 8:23 a.m.
8:23:05 AM
CHAIR KELLER said the differences between Version L and Version
F were confirmed.
REPRESENTATIVE SEATON referred to page 7, line 3, subsection
(A)(iii), and lines 9-10, which read:
(A) limit access to individual and redacted
student data to
(iii) authorized agencies as provided
in state or federal law;
REPRESENTATIVE SEATON said the legislation is removing the
section "or by inter-agency agreement." He advised he was
unsure what effect that is on the functioning of the department
and of Alaska's statewide longitudinal data base. He would like
to know both perspectives of the sponsor and the department as
to the consequences of removing that language.
REPRESENTATIVE REINBOLD responded that they are concerned about
data being transferred between different states and thought it
was important because the Alaska State Constitution says the
"right to privacy, the right of the people's privacy to be
recognized and shall not be infringed. The legislature shall
implement this section." She point out that it is the state
legislature's responsibility, and if data is being sent
everywhere the legislature doesn't have control. She said it is
very important to comply with federal and state laws and thought
it was strong language by putting a period after "(iii)
authorized agencies as provided in state or federal law."
8:25:14 AM
CHAIR KELLER offered to bring a representative from the
department to testify at a later time so Representative Seaton
could ask his question.
REPRESENTATIVE SEATON explained that his question is whether the
language means EED can't have an inter-agency agreement with any
agency in the state unless the legislature names every state
agency in statute.
REPRESENTATIVE REINBOLD pointed to [page 7,] line [9], which
read "authorized agencies as provided in state [or] federal
law."
REPRESENTATIVE SEATON said "as provided in state [or] federal
law" means it has to be in federal law or state statute ...
every agency that is able to access that data, whether the
Alaska Commission on Postsecondary Education (ACPE) or ...
CHAIR KELLER advised that the current discussion is confirming
the sponsor's intent and the committee could get into the debate
of that issue later.
REPRESENTATIVE REINBOLD responded that "use data" needs to be
recognized [and referred to page 7, line 1], which read:
(5) policies and procedures consistent with
relevant state and federal privacy laws that
REPRESENTATIVE REINBOLD said it lists the provisions, including
page 7, lines 9-10, which read:
(iii) authorized agencies as provided
in state or federal law;
REPRESENTATIVE REINBOLD stated "if they are authorized agencies
clearly right there."
8:27:07 AM
CHAIR KELLER confirmed that it is whether it is an authorized
agency by law, not an authorized release of data by law.
REPRESENTATIVE REINBOLD agreed, and said that the legislature's
responsibility is to protect the data and this bill protects
political or religious information which is personal information
and should not be collected and sent all over the world.
CHAIR KELLER said the response from the sponsor and the question
is on the record and the committee will receive a further
response from the department, and can debate it at a later time.
He noted there were no further questions regarding the changes
from Version F to Version L.
8:28:02 AM
REPRESENTATIVE REINBOLD presented an overview of Version L and
stated that, in general, the bill protects the privacy of
Alaska's students, parents and teachers. This bill, from a
previous version, helps protect the data mining occurring on
staff, teachers, and schools. She offered that the intent is to
provide protections, while supporting the constitution and the
legislature's responsibility. She read, "The right of the
privacy ... the right of the people's privacy is recognized and
shall not be infringed." She stated she believes it is being
infringed upon, which is a serious constitutional issue because
"The legislature shall implement this section of the
constitution."
8:29:24 AM
REPRESENTATIVE SEATON asked whether the first section is added
into the bill, or was it new language.
REPRESENTATIVE REINBOLD disagreed, and added this is her second
year of carrying this bill and one of earlier versions allowed
protection for the teachers and parents as well.
REPRESENTATIVE SEATON referred to Version F, page 1, lines 5-6,
which read:
Sec. 14.03.079. Data security report. The
department shall provide by electronic means, not
later than 10 days ....
REPRESENTATIVE SEATON continued to [Version L], page 1, line 5,
which read:
(a) The department shall provide to the
legislature by February 15 of each year by electronic
means an annual report regarding the progress of each
school ...
REPRESENTATIVE SEATON noted the language differed and was
confused in trying to review both versions quickly and determine
what changes have been made.
8:31:05 AM
REPRESENTATIVE REINBOLD responded that on [Version F] the annual
report was unintentionally repealed, and she does not want that
report repealed.
CHAIR KELLER interjected that the committee is trying to
understand the changes, so her response is that there was a
language change on page 1, which relates to the repealors
removed in Sec. 8.
REPRESENTATIVE REINBOLD responded "correct," as the repealed
section was put back in "just to make absolutely sure that we
get that report from the legislature."
REPRESENTATIVE REINBOLD, in response to Chair Keller, advised
there were no other language changes, other than putting the
report back into the bill itself.
8:31:54 AM
REPRESENTATIVE DRUMMOND referred to the sponsor's comment
regarding protecting religious and political data, and stated
she was uncertain what school districts collect political and
religious data.
REPRESENTATIVE REINBOLD replied that the bill is a proactive
move to prohibit the possibility of that happening, a protection
of privacy for the students, parents, and teachers.
8:33:23 AM
LES MORSE, Deputy Commissioner, Office of the Commissioner,
Department of Education and Early Development (EED), recalled
Representative Seaton's question regarding the change on page 7,
line 9-10, which read:
(iii) authorized agencies as provided
in state or federal laws;
MR. MORSE said with regard to removing an inter-agency agreement
and the impact on any data systems, he stated, it may not have
any influence as the agency works within the scope of state and
federal laws. Federal law under the Family Educational Rights
and Privacy Act (FERPA) allows the sharing of data if it meets
certain conditions. He added that, currently, any sharing the
department does with data meets the detailed conditions of
FERPA, but he would like additional time to analysis the
question. He opined that the language appears to simply remove
inter-agency agreements, but within federal law there is a
process for how data is shared through inter-agency agreements.
He advised more analysis is required for the question regarding
whether [page 7, lines 3-10] section (A) is at all limited by
section (B) [page 7, lines 11-14]. He advised he will work with
[the Department of Law (DOL)] to determine whether there are
restrictions in how they interact together causing concerns
regarding sharing data.
8:35:17 AM
REPRESENTATIVE VAZQUEZ opined that the provisions on the
committee substitute have been there for quite a while.
MR. MORSE responded that she is correct, but this is the first
time the department has spoken on this legislation.
REPRESENTATIVE VAZQUEZ remarked that like anyone in the public,
the department is not restricted from submitting an opinion.
She mentioned she had noticed that Mr. Morse attended most of
the committee's meetings and she expressed puzzlement at why, at
the last minute, he is asking for additional time since that
provision was in the original bill submitted to the House
Education Standing Committee.
8:36:23 AM
MR. MORSE answered that this is the first time he has been
invited to the table to speak.
CHAIR KELLER asked whether he had spoken with the sponsor or
anyone regarding his concerns.
MR. MORSE advised that he met with the sponsor's staff, on
4/10/15, regarding the fiscal note but did not perform a full
review of the bill.
CHAIR KELLER closed public testimony.
8:37:27 AM
REPRESENTATIVE REINBOLD pointed to the letters of support from
several individuals submitted to the committee.
8:38:16 AM
The committee took a brief at-ease.
8:39:00 AM
REPRESENTATIVE DRUMMOND referred to Version L, which the
committee received this morning without much review, and stated
she is not comfortable passing it out of committee.
REPRESENTATIVE SEATON indicated concern for the new language
authorizing what data may be released and "redacted student
data" is either individual and redacted data. He opined he was
not certain how far the legislature should restrict the ability
to even discuss students, or a student's progress, when redacted
student data can't be released. He referred to an amendment he
offered on [Version F] to take out some of the issues Chair
Keller's memo from EED brought up, but he needs more time. He
opined that the sponsor's initiative on this bill is the opting
out provision. He said, "If that's the case I don't want to be
changing the bill so much from the sponsor that it becomes a
bill that doesn't fulfill what she wants to have come forward."
He stated he is not in support of the bill and referred to
previously submitted information regarding Kentucky in not
allowing students to opt out because it would destroy the system
of evaluations.
8:41:33 AM
The committee took a brief at-ease.
8:42:30 AM
CHAIR KELLER (technical difficulties), open to either one.
REPRESENTATIVE TALERICO commented that this is not a new topic
and he does not have any issue with the way it currently sits.
He opined that the changes were not significant, but he does
appreciate the department discussing the FERPA rules and laws it
abides by. He offered support for the proposed committee
substitute.
REPRESENTATIVE VAZQUEZ stated "I am good for it too" for the
same reason of minor changes, and certainly the EED
representative has attended all of the House Education Standing
Committee meetings. She reiterated that it is puzzling why it
is now coming forth and stating it needs more time.
8:43:40 AM
REPRESENTATIVE VAZQUEZ moved to report CSHB 85, labeled 29-
LS0301\L, Glover, 4/11/15, out of committee with individual
recommendations and the accompanying fiscal notes.
REPRESENTATIVE SEATON objected, stating that accountability for
the education system needs to be considered. He expressed
concern that limiting the use of the longitudinal data bases,
which were incorporated in the past legislature specifically to
determine whether endeavors to have K-12 operate more
effectively were successful. In that regard, he said, limiting
the use of the data with multiple opting out causes the
accountability systems to be ineffective. He opined that this
legislation would be a step backward, not an advance towards
understanding student success. He said he is opposing this
bill.
8:45:44 AM
A roll call vote was taken. Representatives Vazquez, Colver,
Talerico, and Keller voted in favor of CSHB 85, labeled 29-
LS0301\L. Representatives Seaton and Drummond voted against it.
Therefore, CSHB 85(EDC) was reported out of the House Education
Standing Committee by a vote of 4-2.
8:46:28 AM
CHAIR KELLER referred to Representative Seaton's objection
statement and advised that he agrees, that the legislature is
reviewing where Alaska has been. He expressed there is
accountability on one side, and constitutional concerns on the
other which he sees as a primary issue the committee will have
to face in upcoming meetings.
REPRESENTATIVE VAZQUEZ commented there has been more data mining
through the years that is "less and less good performance," and
opined there is not necessarily a correlation between better
data mining and better student performance. In fact, she
expressed, she sees the reverse in more data mining and less
student performance, and offered that there are other things to
be done to improve the educational system, but not data mining.
REPRESENTATIVE SEATON objected to Representative Vazquez's broad
statement and argued that the graduation rates have improved as
has everything else the legislature asked for in moving forward
in education. He stated education is improving, unfortunately,
not fast enough but when students' progress through schools
education knows it must focus on third grade reading because
longitudinal data indicates that is a critical time. Going back
to the previous system is not progress, he related, and nothing
is coming forth to replace the reforms made that have increased
education performance.
REPRESENTATIVE COLVER noted that systemic issues are evident and
the data portion of the bill is important. He referred to the
bill he sponsored to repeal the federal free financial aid form
as a requirement in being considered for the Governor's
Performance Scholarship and, he said, the fiscal note came back
with $400,000 because the students' addresses were required. He
remarked he was advised by principals that when they submit the
names, the addresses are given to the department. There are a
number of these same types of bills and asked, "what do we have
to do, what do we need to do" which, he opined, is a clash of
issues with federal mandates, the Alaska State Constitution, the
rights of parents, and whether it affects student learning. The
question is, "is it making a difference in a classroom to help
students learn," which is so complicated that every side of the
issue can be argued.
[The above additional discussion followed the reporting of CSHB
85(EDC) out of committee at 8:45 a.m.]
8:52:00 AM
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB102.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| CSHB102.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Sponsor.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Fiscal Note EED-SS 3-13-15.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Support KANA.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Support Providence-Kodiak Counseling Center.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Support JYS.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Support North Star 1.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Support North Star 1.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 North Star 2.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 Support Kodiak Area Native Association.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102 ASD Letter.pdf |
HEDC 3/20/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| CSHB102 draft version P.pdf |
HEDC 4/10/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| HB102.pdf |
HEDC 4/10/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| CSHB102 draft version P.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| CSHB102 draft version P.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| CSHB102 Changes from version W to P.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 102 |
| CSHB85 Work Draft Version L.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| CSHB85 Sectional VersionL.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| CSHB85 Work Draft Version F.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| CSHB85 Sectional Version F.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| CSHB85 Sectional version P.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| HB85 Fisca lNote.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| HB85 Draft Proposal CS v P.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| HB85 Support Documents.pdf |
HEDC 4/13/2015 8:00:00 AM |
HB 85 |
| HB156A.PDF |
HEDC 3/30/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM HEDC 3/14/2016 8:00:00 AM |
HB 156 |
| HB156 Sponsor Statment.pdf |
HEDC 3/30/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM HEDC 3/14/2016 8:00:00 AM |
HB 156 |
| HB156 FED LAW REVISE.pdf |
HEDC 3/30/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM HEDC 3/14/2016 8:00:00 AM |
HB 156 |
| HB156 Ed Week stories.pdf |
HEDC 3/30/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM HEDC 3/14/2016 8:00:00 AM |
HB 156 |
| CSHB156 Workdraft I.pdf |
HEDC 3/30/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM HEDC 3/14/2016 8:00:00 AM |
HB 156 |
| CSHB156Fiscal Note.pdf |
HEDC 3/30/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM HEDC 3/14/2016 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 |
| HB156 Ed Week stories.pdf |
HEDC 4/8/2015 8:00:00 AM HEDC 4/13/2015 8:00:00 AM |
HB 156 |