Legislature(2023 - 2024)DAVIS 106

04/19/2023 08:00 AM House EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 144 REPEAL EDUCATION TAX CREDITS SUNSET TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 139 CORRESPONDENCE STUDY PROGRAM FUNDING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 148 AK PERFORMANCE SCHOLARSHIP; ELIGIBILITY TELECONFERENCED
Moved CSHB 148(EDC) Out of Committee
**Streamed live on AKL.tv**
          HB 139-CORRESPONDENCE STUDY PROGRAM FUNDING                                                                       
                                                                                                                                
8:59:07 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE announced  that  the next  order of  business                                                               
would be  HOUSE BILL  NO. 139,  "An Act  relating to  funding for                                                               
correspondence study programs."                                                                                                 
                                                                                                                                
CO-CHAIR RUFFRIDGE entertained amendments.                                                                                      
                                                                                                                                
8:59:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY indicated that Amendment 1, [included in                                                                   
the committee packet, would not be offered].                                                                                    
                                                                                                                                
8:59:48 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:59 a.m. to 9:01 a.m.                                                                       
                                                                                                                                
9:01:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 2 to HB 139,                                                                  
labeled 33-LS0582\B.1/Marx 4/12/23, which read as follows:                                                                      
                                                                                                                                
     Page 1, lines 8 - 9:                                                                                                       
          Delete "multiplying the ADM of the correspondence                                                                     
     program    by    the    special   needs    factor    in                                                                
     AS 14.17.420(a)(1) [90 PERCENT]"                                                                                       
          Insert "(1)  multiplying the ADM of the                                                                           
     correspondence program by 90 percent; and                                                                              
               (2)  except as provided in (b) of this                                                                       
     section, multiplying  the number obtained under  (1) of                                                                
     this  subsection   by  the  special  needs   factor  in                                                                
     AS 14.17.420(a)(1)"                                                                                                    
                                                                                                                                
     Page 1, following line 9:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "*  Sec. 2.  AS 14.17.430 is  amended by  adding new                                                                
     subsections to read:                                                                                                       
          (b)  A correspondence program described in (a) of                                                                     
     this  section must  maintain  a correspondence  program                                                                    
     student assessment  participation rate  of at  least 96                                                                    
     percent  or  the  average  participation  rate  of  all                                                                    
     district student assessment  participation rates in the                                                                    
     state,  whichever   is  less.  If   the  correspondence                                                                    
     program   fails   to   meet  the   student   assessment                                                                    
     participation   requirement    for   more    than   two                                                                    
     consecutive    fiscal    years,   funding    for    the                                                                    
     correspondence program in a  subsequent fiscal year may                                                                    
     not  include   the  special  needs   factor  adjustment                                                                    
     described in  (a)(2) of this section.  A correspondence                                                                    
     program    that    meets   the    student    assessment                                                                    
     participation  requirement after  losing funding  under                                                                    
     this  subsection is  eligible  to  receive the  special                                                                    
     needs  factor adjustment  described in  (a)(2) of  this                                                                    
     section in the following fiscal year.                                                                                      
          (c)  In this section,                                                                                                 
               (1)       "correspondence   program   student                                                                    
     assessment  participation  rate" means  the  percentage                                                                    
     obtained by dividing the number of students enrolled in                                                                    
     a correspondence  program who took a  statewide student                                                                    
     assessment administered  by the  correspondence program                                                                    
     by the number of students  enrolled in a grade in which                                                                    
     the correspondence  program administers  the assessment                                                                    
     on  the  first  day  that  the  correspondence  program                                                                    
     begins administering the assessment;                                                                                       
               (2)        "district    student    assessment                                                                    
     participation  rate" means  the percentage  obtained by                                                                    
     dividing the number of students  enrolled in a district                                                                    
     who  took a  statewide student  assessment administered                                                                    
     by the district  by the number of  students enrolled in                                                                    
     a  grade   in  which   the  district   administers  the                                                                    
     assessment on  the first day  that the  district begins                                                                    
     administering the assessment;                                                                                              
               (3)  "statewide student assessment" means a                                                                      
     standards-based  test  or  assessment required  by  the                                                                    
     department under AS 14.03.123(f)."                                                                                         
                                                                                                                                
CO-CHAIR RUFFRIDGE objected.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  said  Amendment   2  did  two  things.                                                               
Firstly,  it  would  implement  the  superintendents  request  to                                                               
multiply  the correspondence  program's average  daily membership                                                               
(ADM) by 90  percent and provide a multiplier of  1.2.  She added                                                               
that she took  the legislature's role as the "middle  man for the                                                               
public dollar" very  seriously, opining that the  money should be                                                               
spent  wisely.   The  second  part  of  the amendment  would  set                                                               
accountability  standards  for  correspondence programs  to  show                                                               
performance measures for the investment of public dollars.                                                                      
                                                                                                                                
9:03:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  requested   to  hear  from  Superintendent                                                               
Reitan  on the  letter  submitted by  the  superintendents.   She                                                               
shared her belief  that the 96 percentile would be  too high of a                                                               
dump as  a growth measure  and asked Representative  Himschoot to                                                               
speak to that.                                                                                                                  
                                                                                                                                
9:04:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT highlighted lines  14-15 of Amendment 2.                                                               
She explained  that if the  building-based programs  are reaching                                                               
80 percent, the correspondence programs  would also have to reach                                                               
80  percent.   She added  that  the programs  would have  several                                                               
years to reach and maintain that standard.                                                                                      
                                                                                                                                
9:05:28 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE   reiterated  that  the  question   posed  by                                                               
Representative Story is in reference  to the letter signed by Mr.                                                               
Reitan, who is available for discussion.                                                                                        
                                                                                                                                
9:05:55 AM                                                                                                                    
                                                                                                                                
CHRIS REITAN, Superintendent, Craig  City School District, joined                                                               
the  discussion on  Amendment 2.   He  offered his  understanding                                                               
that all the  districts who operate homeschool  programs would be                                                               
pleased in regard to what the  amendment is doing with 90 percent                                                               
of  the base  student  allocation (BSA)  plus  the special  needs                                                               
factor.   He stressed the  importance of having a  "level playing                                                               
field"  with  brick-and-mortar  schools.   The  second  piece  of                                                               
Amendment  2, he  said, would  make it  difficult for  all school                                                               
districts,  especially  correspondence   schools,  to  meet  that                                                               
standard.   He related  hearing from parents  who said  they know                                                               
their children the best in  reference to developing an individual                                                               
plan,  consultations  with  the school  district,  or  contacting                                                               
teacher about  which plan most appropriately  meets the student's                                                               
needs.   He  opined that  the second  piece of  Amendment 2  puts                                                               
district in an  awkward place in regard to  providing all parents                                                               
a  right to  direct education.   He  said no  school district  is                                                               
trying to  shy away from  accountability; instead,  districts are                                                               
trying their  best to fit  into state statutes that  have already                                                               
been put in place.                                                                                                              
                                                                                                                                
9:10:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  asked  Mr.  Reitan  what  the  federal                                                               
assessment requirement was.                                                                                                     
                                                                                                                                
MR. REITAN replied it is 95 percent.                                                                                            
                                                                                                                                
REPRESENTATIVE HIMSCHOOT referred to  lines 12-15 in Amendment 2,                                                               
and stated that she was hesitant  to invest the public's money in                                                               
a  program  that  does  not  meet the  same  standards  as  other                                                               
programs.                                                                                                                       
                                                                                                                                
MR.   REITAN  replied   that   he  could   only   speak  to   the                                                               
correspondence  programs  he  works, explaining  that  there  are                                                               
other  assessment items  in place  for families  to utilize  with                                                               
their  students  in  consultation  with  their  contact  teacher.                                                               
Another item his  organization tracks, he said, is  the number of                                                               
students  accessing college  university  classes,  which was  not                                                               
addressed in the bill.                                                                                                          
                                                                                                                                
9:13:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRAX  observed  there  were  two  pieces  to  the                                                               
amendment: the money, and the assessment.   He stated that he was                                                               
most  concerned about  the  assessment  piece being  logistically                                                               
difficult for  the statewide  correspondence programs  to arrange                                                               
for the  tests, in addition  to getting everyone together  in the                                                               
same  place  to take  the  tests  when  the results  "don't  mean                                                               
anything."   He said he  questioned the  value of the  tests, and                                                               
asked why districts  would be asked to spend more  money on tests                                                               
that "we don't care about."                                                                                                     
                                                                                                                                
9:16:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  asked  Mr. Reitan  whether  brick  and                                                               
mortar  programs also  produce similar  measures of  success with                                                               
their students not related to testing.                                                                                          
                                                                                                                                
MR. REITAN  responded absolutely.   Statewide, he  said, district                                                               
assessments  are  a  "snapshot,"  of   a  particular  time  in  a                                                               
student's life.   He defined success as when  a student graduates                                                               
from their system with every  option available to them regardless                                                               
of what they want to do moving forward.                                                                                         
                                                                                                                                
9:18:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY   considered  a   scenario  in   which  the                                                               
correspondence  school   was  not  meeting  the   intent  of  the                                                               
individual  education  plan  (IEP) and  asked  whether  liability                                                               
would fall to the district or the correspondence school.                                                                        
                                                                                                                                
MR.  REITAN  clarified that  the  individual  education plan  for                                                               
students  with disabilities  was based  on where  the student  is                                                               
most  enrolled.   He provided  an example  of students  partially                                                               
enrolled  in both  brick-and-mortar and  correspondence programs,                                                               
and  based on  the percentage  of where  they are  most enrolled,                                                               
that school would be responsible for  managing the IEP as well as                                                               
working with the parents.                                                                                                       
                                                                                                                                
REPRESENTATIVE  STORY   asked  whether  the   responsibility  for                                                               
correspondence programs was the  reason superintendents wanted to                                                               
keep it at .9 instead of 1.                                                                                                     
                                                                                                                                
MR. REITAN  replied that increasing special  education enrollment                                                               
in correspondence programs  has been going on a  number of years.                                                               
Without addressing the entire BSA  formula, he reasoned that [.9]                                                               
seemed equitable  in regard  to receiving  the 1.0  special needs                                                               
factor.                                                                                                                         
                                                                                                                                
9:21:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRAX  commented on  the "secret sauce"  that seems                                                               
to  make the  correspondence programs  work, and  the ability  to                                                               
structure  the curriculum  to  the individual.    He stated  that                                                               
there is much less need  for standardized testing and centralized                                                               
accountability,  and  reiterated  that  he wished  to  vote  down                                                               
Amendment 2 and focus on Amendment 3.                                                                                           
                                                                                                                                
9:24:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT   asked  Mr.  Reitan  whether   it  was                                                               
possible to meet federal  mandates surrounding special education.                                                               
Additionally, she asked what the  ratio was for special education                                                               
teachers to IEP students.                                                                                                       
                                                                                                                                
9:25:38 AM                                                                                                                    
                                                                                                                                
MR. REITAN  explained that when  he was in Galena,  Alaska, staff                                                               
looked at a ratio  of 1 to 60 max for  IDEA students with special                                                               
needs.    Special  education  teachers   didn't  have  the  daily                                                               
responsibility  of also  doing the  instruction for  the students                                                               
since they work through the parents,  he said.  He stated that if                                                               
HB 139 passed,  there would be difficulties  finding high quality                                                               
special education teachers.                                                                                                     
                                                                                                                                
9:27:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY opined that 1  to 15 was an excellent ratio.                                                               
She  highlighted  the  difficulty of  finding  special  education                                                               
teachers, noting  that many  in the  Juneau School  District were                                                               
hired by contract, which was more expensive.                                                                                    
                                                                                                                                
9:28:15 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE  agreed with Representative Prax  about taking                                                               
up  Amendment 3  to  discuss the  funding  component.   Regarding                                                               
Amendment 2, he opined that the  proposal would add a burden that                                                               
contradicts current  statute regarding the  right of a  parent to                                                               
choose to  participate in a  test or not.   He affirmed  he would                                                               
not support Amendment 2 and maintained his objection.                                                                           
                                                                                                                                
9:29:12 AM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  McCormick  and                                                               
Himschoot voted  in favor of the  motion to adopt Amendment  2 to                                                               
HB 139.  Representatives McKay,  Story, Prax, and Ruffridge voted                                                               
against it.  Therefore, Amendment 2 failed by a vote of 2-4.                                                                    
                                                                                                                                
9:29:50 AM                                                                                                                    
                                                                                                                                
CO-CHAIR RUFFRIDGE announced that HB 139 was held over.                                                                         

Document Name Date/Time Subjects
HB 139 Fiscal Note DEED_K12 Aid to Schools as of 3.29.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 presentation.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 Fiscal Note_Fund Capitalization as of 3.29.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 Sectional Analysis.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 Sponsor Statement.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB0139 ver B.PDF HEDC 4/19/2023 8:00:00 AM
HB 139
HB 148 ACPE_APS_Program_Review_and_Recs_2021 (1).pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148- Amendments 1-4 with conceptual.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 APS_At-A-Glance_2023-Final.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 APS_OutcomesReport_2023.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 Fiscal note DEED _Student Financial aid prog as of 3.31.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 fiscal note DEED_ACPE as of 3.31.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 Fiscal Note DEED_Ed suport and Admin Services as of 3.31.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 presentation.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 Sectional Analysis.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 Sponsor Statement.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 verB.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 139 Conceptual amendment 8.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 Conceptual amendment 7.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 amendments 1-6 as of 4.17.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 139 Fiscal Note DEED_K12 Aid to Schools as of 3.29.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 144- 2011-2022 Summary Ed Tax Credits.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144- Alaska Stat. _ 43.20.014.PDF HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144- Dept of Revenue Ed Tax credit FAQ.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144- ETC Brochure v2 (PRINT).pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144- Fiscal note DOR as of 4.3.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144 Presentation.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144 Sectional Analysis.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144 Sponsor Statement.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 144- University of Alaska preentation.pdf HEDC 4/19/2023 8:00:00 AM
HB 144
HB 148 Conceptual amendment 5.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 Public Testimony_Opposition_Redacted as of 4.18.23.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 148 Support_Redacted As of 4-18-23.pdf HEDC 4/19/2023 8:00:00 AM
HB 148
HB 139 Support_Redacted As of 4-18-23.pdf HEDC 4/19/2023 8:00:00 AM
HB 139
HB 148- Amendment 6.pdf HEDC 4/19/2023 8:00:00 AM
HB 148