Legislature(2015 - 2016)BUTROVICH 205
04/12/2016 06:00 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 156 | TELECONFERENCED | |
HB 156-SCHOOL ACCOUNTABILITY MEASURES; FED. LAW
6:04:47 PM
CHAIR DUNLEAVY announced the consideration of HB 156.
6:04:51 PM
REPRESENTATIVE WES KELLER, Alaska State Legislature, sponsor of
HB 156, introduced the bill.
JIM POUND, Staff, Representative Wes Keller, Alaska State
Legislature, presented information on HB 156.
6:05:30 PM
REPRESENTATIVE KELLER explained that the bill takes advantage of
the action in Washington, DC, to rewrite education in America.
It follows the premise that the needs of the kids are better met
under the local control of school districts. The bill allows the
Department of Education and Early Development (DEED) to stop the
test-based education system that is currently in place. During
this break, state educators will work with local schools and
districts, along with concerned parents, to develop an
assessment plan for the state that considers specific district
needs.
He said the bill also gives DEED the opportunity to work with
the university for guidance regarding college bound students and
with local businesses and unions. The bill changes the reporting
provisions that compare Alaska with other states and it makes
for an education system that meets or exceeds federal standards.
He noted an amendment made on the House Floor that removes one
reference to a requirement for crisis intervention training.
6:07:38 PM
SENATOR GARDNER noted Section 1, page 2, line 6, where it speaks
to a report due by, or after, January 15 received by each public
school and by the state public school system. She asked for an
explanation.
REPRESENTATIVE KELLER understood the confusion. He clarified
that AS 14.03.123(a) was not changed; it states that DEED will
give a designation to the education system along with school
districts. The "state public school system" is a means of
comparing Alaska's schools to other states. The designation is
determined by the state school board.
6:09:50 PM
SENATOR GARDNER asked if it is conforming language that adds
proposed aspects as to how the state would compare with other
states.
REPRESENTATIVE KELLER clarified that it is conforming language,
but Section 1 requires that the information goes into the state
report card.
6:10:38 PM
SENATOR GARDNER inquired about the state's temporarily
suspending assessments for four years and how it would compare
itself with other states.
REPRESENTATIVE KELLER suggested that the state use the National
Assessment of Educational Progress (NAPE).
6:11:51 PM
At ease
6:13:57 PM
CHAIR DUNLEAVY brought the meeting back to order.
6:14:14 PM
SENATOR GARDNER referred to page 3, lines 7 - 10, and asked how
local control would be increased. Alaska is already a state that
in statute and in practice supports local control of education;
that includes a system of electing school board members that set
policy. She understood the resistance against federal efforts,
but maintained that there are also state efforts that are
interfering with local control. She asked if this provision in
the bill is aimed at the state, federal government, or other
entities. Also, she questioned what is meant by increasing
parental choice - choice of schools or of participation or
other.
6:15:32 PM
REPRESENTATIVE KELLER responded that he is thinking about the
perspective of the local school districts being the closest to
the parents. If a school is having problems, the solutions
should be worked out with the parents and teachers involved. He
said consistent with that, in Section 8 it asks for a review of
Title 14 assessment accountability laws with the idea that they
will report back to the legislature in order to reduce undue
state control.
6:16:59 PM
CHAIR DUNLEAVY took up the amendments.
6:17:31 PM
SENATOR HUGGINS moved Amendment 1 to HB 156, labeled 29-
LS0566\X.A.1:
Page 1, line 1, following "Act":
Insert "relating to a parent's right to direct
the education of a child;"
Page 1, following line 7:
Insert a new bill section to read:
"* Section 1. AS 14.03 is amended by adding a new
section to read:
Sec. 14.03.016. A parent's right to direct the
education of the parent's child. (a) A local school
board shall, in consultation with parents, teachers,
and school administrators, adopt policies to promote
the involvement of parents in the school district's
education program. The policies must include
procedures
(1) recognizing the authority of a parent
and allowing a parent to object to and withdraw the
child from a standards-based assessment or test
required by the state;
(2) recognizing the authority of a parent
and allowing a parent to object to and withdraw the
child from an activity, class, or program;
(3) providing for parent notification not
less than two weeks before any activity, class, or
program that includes content involving human
reproduction or sexual matters is provided to a child;
(4) recognizing the authority of a parent
and allowing a parent to withdraw the child from an
activity, class, program, or standards-based
assessment or test required by the state for a
religious holiday, as defined by the parent;
(5) providing a parent with an opportunity
to review the content of an activity, class,
performance standard, or program;
(6) ensuring that, when a child is absent
from an activity, class, program, or standards-based
assessment or test required by the state under this
section, the absence is not considered an unlawful
absence under AS 14.30.020 if the child's parent
withdrew the child from the activity, class, program,
or standards-based assessment or test or gave
permission for the child's absence.
(b) The policies adopted under this section may
not allow a parent categorically to object or withdraw
a child from all activities, classes, programs, or
standards-based assessments or tests required by the
state. The policies must require a parent to object
each time the parent wishes to withdraw the child from
an activity, class, program, or standards-based
assessment or test required by the state.
(c) Nothing in this section prohibits a school
employee or volunteer from answering a question from a
child about any topic.
(d) In this section,
(1) "child" means an un-emancipated minor
under 18 years of age;
(2) "local school board" has the meaning
given in AS 14.03.290;
(3) "parent" means the natural or adoptive
parent of a child or a child's legal guardian;
(4) "school district" has the meaning given
in AS 14.30.350.
* Sec. 2. AS 14.03.016(d), enacted by sec. 1 of
this Act, is amended by adding a new paragraph to
read:
(5) "human reproduction or sexual matters"
does not include curricula or materials for
(A) sexual abuse and sexual assault
awareness and prevention training required under
AS 14.30.355; or
(B) dating violence and abuse awareness and
prevention training required under AS 14.30.356."
Page 1, line 8:
Delete "Section 1"
Insert "Sec. 3"
Renumber the following bill sections accordingly.
Page 14, line 12:
Delete "Section 16"
Insert "Section 18"
Page 14, line 13:
Delete "Sections 10, 12, and 14"
Insert "Sections 12, 14, and 16"
Page 14, following line 14:
Insert a new bill section to read:
"* Sec. 21. Section 2 of this Act takes effect
June 30, 2017."
Renumber the following bill sections accordingly.
Page 14, line 15:
Delete "secs. 17 and 18"
Insert "secs. 19 - 21"
CHAIR DUNLEAVY objected.
6:17:53 PM
CHRISTA MCDONALD, Staff, Senator Mike Dunleavy, Alaska State
Legislature, presented information on HB 156. She explained that
Amendment 1 takes components of SB 89 regarding parental rights,
(excluding the abortion services provider piece) and would allow
parents to opt out of standards based assessments, activities,
or programs. It would also provide a notice to parents two weeks
before sex education takes place, but it would not require
written permission. It creates an opt-out for sex education.
CHAIR DUNLEAVY said SB 89 was thoroughly vetted. He thanked the
Association of Alaska School Boards for helping with [Amendment
3].
6:20:46 PM
At ease
CHAIR DUNLEAVY returned to Amendment 1.
He removed his objection and Amendment 1 was adopted.
6:21:46 PM
SENATOR HUGGINS moved to adopt Amendment 2 to HB 156, labeled
29-LS0566\X.A.2:
Page 1, line 5, following "regulations;":
Insert "relating to physical examinations for
teachers;"
Page 14, following line 4:
Insert a new bill section to read:
"* Sec. 15. AS 14.30 is amended by adding a new
section to read:
Sec. 14.30.075. Physical examinations for
teachers. (a) A school district may require physical
examinations of teachers as a condition of employment.
A school district may not pay the cost of physical
examinations for teachers. This section does not
affect the coverage of any health insurance benefits
that a school district provides to teachers.
(b) In this section, "school district" has the
meaning given in AS 14.30.350."
Page 14, line 12:
Delete "Section 16"
Insert "Section 17"
Page 14, line 15:
Delete "secs. 17 and 18"
Insert "secs. 18 and 19"
CHAIR DUNLEAVY objected for discussion.
MS. MCDONALD explained Amendment 2 would eliminate the
district's responsibility to pay for mandatory health exams for
teachers. It was requested by the Alaska Council of School
Administrators (ACSA) and the Alaska Association of School
Boards (AASB).
CHAIR DUNLEAVY requested she read Section AS 14.30.075.
MS. MCDONALD read: "A school district may require physical
examinations of teachers as a condition of employment. A school
district may not pay the cost of physical examinations for
teachers."
CHAIR DUNLEAVY moved to adopt Conceptual Amendment 1 to
Amendment 2 - to change "may not pay" to "is not required to
pay."
SENATOR GARDNER objected.
She asked what the difference is between saying a school
district "is not required to pay" and "may not pay."
LISA SKILES PARADY, Executive Director, Alaska Council of School
Administrators (ACSA), explained that Amendment 3 is from a
joint effort with AASB and ACSC to eliminate the district's
responsibility to pay for physicals as a cost-saving measure.
The change to "is not required to pay" is that in different
negotiated agreements it is agreed by the parties to pay for
physicals. In those cases, ACSA will support the agreements.
6:25:14 PM
SENATOR GARDNER suggested that it is more direct to say "a
school district may pay the cost of physical examinations."
SENATOR HUGGINS commented that "not required" allows them to
pay, but it does not imply that they will pay.
CHAIR DUNLEAVY asked if she is requesting the original language.
SENATOR GARDNER clarified, in keeping with the language in the
previous sentence, "they may require it," she is suggesting
"they may pay."
MS. PARADY appreciated the simpler language, but said it has the
connotation that they won't pay unless there is an agreement
that they do. She wanted the schools to pay when there are
agreements to do so.
SENATOR GARDNER withdrew her objection to Conceptual Amendment 1
to Amendment 2.
CHAIR DUNLEAVY withdrew his objection to Amendment 2. Seeing no
further objection, Amendment 2 was adopted.
6:26:55 PM
SENATOR HUGGINS moved to adopt Amendment 3, labeled 29-
LS0566\X.A.3:
Page 1, line 1, following "Act":
Insert "relating to questionnaires and surveys
administered in public schools;"
Page 14, following line 5:
Insert a new bill section to read:
"* Sec. 16. Section 4, ch. 2, SSSLA 2015 is
repealed."
Renumber the following bill sections accordingly.
Page 14, line 12:
Delete "Section 16"
Insert "Section 17"
Page 14, line 15:
Delete "secs. 17 and 18"
Insert "secs. 18 and 19"
CHAIR DUNLEAVY objected for discussion.
MS. MCDONALD read Amendment 3.
NORM WOOTEN, Executive Director, Association Alaska of School
Boards (AASB), presented information on Amendment 3. He said
that AASB administers the School Climate and Connectedness
Survey (SCCS) that is given to about 35 districts throughout
Alaska each year. He clarified that the surveys do not ask for
private student information, but are to improve school climate
and eliminate destructive behaviors. The information is used to
teach healthy behaviors. The survey is available for parents to
look at and parents are allowed to opt out, but very few do.
6:29:58 PM
CHAIR DUNLEAVY withdrew his objection and Amendment 3 was
adopted.
SENATOR HUGGINS moved to adopt Amendment 4, labeled 29-
LS0566\X.A.4:
Page 1, line 5, following "regulation;":
Insert "relating to suicide awareness and
prevention training;"
Page 8, line 12:
Delete "at a school receives"
Insert "by the district receive [AT A SCHOOL
RECEIVES]"
Page 8, line 13:
Delete "at each school receives"
Insert "by the district receive [AT EACH SCHOOL
RECEIVES]"
Page 9, line 19:
Delete "at a school receives"
Insert "by the district receive [AT A SCHOOL
RECEIVES]"
Page 9, line 21:
Delete "at each school receives"
Insert "by the district receive [AT EACH SCHOOL
RECEIVES]"
Page 11, line 1:
Delete "at a school receives"
Insert "by the district receive [AT A SCHOOL
RECEIVES]"
Page 11, line 2:
Delete "at each school receives"
Insert "by the district receive [AT EACH SCHOOL
RECEIVES]"
Page 12, line 14:
Delete "at a school receives"
Insert "by the district receive [AT A SCHOOL
RECEIVES]"
Page 12, line 16:
Delete "at each school receives"
Insert "by the district receive [AT EACH SCHOOL
RECEIVES]"
Page 13, line 8:
Delete "at a school receives"
Insert "by the district receive [AT A SCHOOL
RECEIVES]"
Page 13, line 9:
Delete "at each school receives"
Insert "by the district receive [AT EACH SCHOOL
RECEIVES]"
Page 14, line 2:
Delete "at a school receives"
Insert "by the district receive [AT A SCHOOL
RECEIVES]"
Page 14, line 3:
Delete "at each school receives"
Insert "by the district receive [AT EACH SCHOOL
RECEIVES]"
Page 14, following line 4:
Insert a new bill section to read:
"* Sec. 15. AS 14.30.362(a), added by sec. 15, ch.
2, SSSLA 2015, is amended to read:
Sec. 14.30.362. Suicide awareness and prevention
training. (a) A school district and the department
shall provide youth suicide awareness and prevention
training approved by the commissioner to each teacher,
administrator, counselor, and specialist who is
employed by the district or department to provide
services to students [IN GRADES SEVEN THROUGH 12] in a
public school in the state at no cost to the teacher,
administrator, counselor, or specialist."
Renumber the following bill sections accordingly.
Page 14, line 12:
Delete "Section 16"
Insert "Section 17"
Page 14, following line 14:
Insert a new bill section to read:
"* Sec. 20. Section 15 of this Act takes effect on
the effective date of sec. 15, ch. 2, SSSLA 2015."
Renumber the following bill section accordingly.
Page 14, line 15:
Delete "secs. 17 and 18"
Insert "secs. 18 - 20"
CHAIR DUNLEAVY objected for discussion. He said that Amendment 4
is an effort by several agencies.
MS. MCDONALD explained Amendment 4 makes technical corrections
to HB 44 trainings. It replaces "school" with "district" and
removes "in grades seven through 12."
6:31:23 PM
SUSAN MCCAULEY, Interim Commissioner, Department of Education
and Early Development (DEED), explained the change in wording
from "school" to "district" is in response to a belief in
districts that quantifying data at the school level may be
overly burdensome. When a school or district is held to a
certain percentage of its educators who need to have received
training, and the tracking of meeting that percentage is at the
school level, it can vary widely year to year. She gave an
example. Amendment 4 deals with accountability at the district
level, which is far easier to track, rather than at the school
level.
6:33:25 PM
CHAIR DUNLEAVY withdrew his objection and Amendment 4 was
adopted.
SENATOR HUGGINS moved to adopt Amendment 5, labeled 29-
LS0566\X.A.5:
Page 1, line 5, following "regulations;":
Insert "relating to contracts for student
assessments;"
Page 14, following line 4:
Insert a new bill section to read:
"* Sec. 15. AS 36.30.850(b) is amended by adding a
new paragraph to read:
(47) contracts of the Department of
Education and Early Development for student
assessments required under AS 14.03.123 and
AS 14.07.020."
Renumber the following bill sections accordingly.
Page 14, line 12:
Delete "Section 16"
Insert "Section 17"
Page 14, line 15:
Delete "secs. 17 and 18"
Insert "secs. 18 and 19"
CHAIR DUNLEAVY objected for discussion.
6:33:56 PM
MS. MCDONALD explained Amendment 5 would exempt DEED from
procurement exemption for the purposes of a standardized
assessment.
DR. MCCAULEY clarified that Amendment 5 is in a statute related
to the state's procurement code. It adds to the list of
exemptions in the state mandated procurement code for the
purposes of standardized assessments. The state would still need
to go through a process for selecting an assessment, but it
would not hold the state to expectations of the procurement code
and process which requires a formal RFP, bids or proposals to be
submitted, a committee to be formed, scoring criteria to be
considered, and time constraints. It may or may not result in
putting the state in the best position to negotiate,
financially, for an assessment; is not a speedy or efficient
process. She gave an example of states that have this exemption
and more flexibility in selecting a vendor. The state would be
freer using an RFI and could negotiate directly with vendors.
6:37:27 PM
SENATOR GARDNER noted there is an RFP process that is supposed
to safeguard state purchasing, but cost more in some ways. She
asked if the amendment provides flexibility and makes things
faster and cheaper.
DR. MCCAULEY said there are current circumstances that make this
amendment necessary, but she thought it would also be applicable
in the future. Current circumstances include a short timeline.
The previous process did not result in a satisfactory result.
She gave examples of similar exemptions within the procurement
code.
She commented on the high level of engagement by the working
group of superintendents. The procurement process is limiting
and closely governed. She opined that it is possible, if not
probable, that a better process is needed in order to have a
better outcome.
6:40:43 PM
SENATOR GARDNER agreed that if the process limits engagement to
the extent that there are 47 waivers there might be a different
problem than Amendment 5 fixes.
CHAIR DUNLEAVY removed his objection and Amendment 5 was
adopted.
6:41:05 PM
SENATOR HUGGINS moved Amendment 6, labeled 29-LS0566\X.A.6:
Page 1, line 5, following "regulations;":
Insert "repealing the minimum expenditure for
instruction for school districts;"
Page 14, following line 4:
Insert a new bill section to read:
"* Sec. 15. AS 14.17.520 is repealed."
Renumber the following bill sections accordingly.
Page 14, line 12:
Delete "Section 16"
Insert "Section 17"
Page 14, line 15:
Delete "secs. 17 and 18"
Insert "secs. 18 and 19"
CHAIR DUNLEAVY objected for discussion.
MS. MCDONALD explained Amendment 6 repeals the 70 percent rule.
This repeal has been requested by the AASB Resolution 2.20 and
the Alaska State Board of Education. They feel the rule itself
applies an arbitrary percentage to a complex system.
6:41:34 PM
DR. PARADY spoke in support of Amendment 6, to repeal the
minimum expenditure for instruction for school districts. Last
year there were 24 school districts that had to request a
waiver. She noted that historically up to half of school
districts require a waiver each year. She maintained the 70/30
percent requirement was arbitrary to begin with. She said
numerous rural districts are structurally unable to meet the
requirement. She described the two patterns of waivers rural
sites are requesting - districts with budgets of $3 million or
less and districts with operations and maintenance over 20
percent of the operating fund budget.
She said there already is a mechanism in place to monitor
district spending. Budget reviews will continue to take place
without the 70/30 rule. The State Board of Education also
supports Amendment 6.
6:44:51 PM
SENATOR GARDNER asked Dr. McCauley if there is any value in
retaining the 70/30 language.
DR. MCCAULEY said the school board felt that due to all the
waivers there was something wrong with the 70 percent rule.
Also, the time it takes to justify those numbers is no longer
justified. She said the original intent was valuable, to
prioritize that money be spent on instruction, however, there
are other methods that account for spending.
6:47:04 PM
SENATOR GARDNER asked whether, with passage of Amendment 6, a
smaller portion of school funds is going to go into instruction.
DR. MCCAULEY did not assume that. She opined that schools would
continue to spend as much, or more, on instruction.
CHAIR DUNLEAVY recalled the history of the rule. He said over
time it has become more of an exercise. Once it is determined
what schools should be measuring, resources will be allocated to
support outcomes.
6:48:50 PM
CHAIR DUNLEAVY removed his objection and Amendment 6 was
adopted.
6:48:58 PM
CHAIR DUNLEAVY opened public testimony.
6:49:34 PM
DAVID NEES, representing himself, testified in opposition to HB
156. He spoke in opposition to Amendment 6. He opined that the
bill will eliminate accountability at the local and district
levels, and the responsibility will fall to the legislature if
there is an issue. ESSA is required by the federal government
and has a fine if it is not used. He said he is also concerned
with other aspects of the bill.
CHAIR DUNLEAVY noted the bill will be held over.
6:53:20 PM
JACK WALSH, Superintendent, Craig School District, testified in
support of HB 156. He spoke of the accommodations that will make
it easier for districts to meet the intent of the law. He
commented on Amendment 6 and described the difficulties of
smaller districts. He agreed the 70 percent rule is not the only
measure of accountability and that schools will continue to put
resources into the classrooms.
6:56:25 PM
BARBARA HANEY, representing herself, testified in general
support of HB 156. She had some concerns with the waiver of the
procurement process for assessments. She suggested including
parent input more.
6:57:37 PM
SENATOR GARDNER asked about her concerns with the procurement
code waiver.
DR. HANEY believed that all state resources should go through
the procurement process. She said other states have had issues
when they did not follow procurement processes. She suggested to
have a streamlined process.
6:59:09 PM
ED GRAY, representing himself, testified in support of HB 156.
He spoke about parental rights. He said there was no partnership
with the state by the federal government and federal law was
imposed on schools. He encouraged parents to be a part of the
conversation.
CHAIR DUNLEAVY commented that many are concerned with imposition
by the state and the federal government leading to discontent.
He concurred with Mr. Gray and others regarding parent rights.
7:03:33 PM
MS. PARADY spoke as the ASSA executive director and said ASSA
has concerns about having a robust accountability system and an
on-going working group involved in the process. She voiced
appreciation for the sponsor saying he wants to "do this right,
not fast." She noted the indeterminate fiscal note causes
concern regarding federal funding because districts cannot
survive without Title funds.
CHAIR DUNLEAVY appreciated the sponsor bringing the bill
forward. He discussed his discontent with the federal
government. In 2001 this component was put into NCLB because the
federal government thought that schools would try to mask low-
performing sub groups. He said this bill is close to calling the
federal government's bluff and he is willing to find out what
the consequences are. He did not see the sponsor or the body
putting Alaska on a suicide mission with the federal government.
7:07:51 PM
SENATOR GARDNER commented that the bill requires a hiatus from
assessments and emphasizes local control. She asked whether the
bill prohibits districts from offering assessments.
MS. PARADY opined that it does not.
7:08:49 PM
DR. MCCAULEY addressed Senator Gardner's question saying the
language does not prohibit a district from administering a state
assessment; it says the state may not require a school district
or a school to administer a statewide standards-based
assessment. The problem Dr. Parady spoke to is that federal
language requires DEED to assess all students in grades 3-8 and
once in high school. The concern is if that is the federal
requirement, it is possible, and quite likely, that the state
will be out of compliance with federal law.
The indeterminate fiscal note reflects that concern. The bill
speaks to a two-year hiatus, and within that time period a new
state plan must be offered to comply with ESSA. It is not known
what the ramifications may be. Title funding might be at risk
for the amount of $99 million, which is why the fiscal note is
indeterminate up to $99 million.
7:11:54 PM
CHAIR DUNLEAVY concluded that the ship has already sailed and
the department has already suspended the AMP assessments. No one
wants to endanger Alaska, but the state needs to find out the
consequences, in light of lack of response by the federal
government.
7:12:55 PM
SENATOR GARDNER agreed they are important considerations. She
asked if a district wants to assess their students, is there a
path to do so, a test to use, and a cost.
DR. MCCAULEY said the assessment mentioned in the bill is not
relevant to what districts might choose should they want to test
locally. It is speaking specifically to the state mandated
assessment, not the ones districts could use. The bill does not
pertain to assessments in general. Districts could choose to
administer the state mandated assessment, but they are not
required to do so.
SENATOR GARDNER asked, if a district wanted to do an assessment,
could they use the NAPE test.
7:15:13 PM
DR. MCCAULEY said it would not meet federal requirements in many
ways.
SENATOR GARDNER asked if it could be adapted to meet federal
requirements.
DR. MCCAULY did not believe so.
7:17:54 PM
CHAIR DUNLEAVY held HB 156 in committee with public testimony
open.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Current Version - HB 156 X.A.PDF |
SEDC 4/12/2016 6:00:00 PM |
HB 156 |
| CSHB 156 - Fiscal Note.pdf |
SEDC 4/12/2016 6:00:00 PM |
HB 156 |
| CSHB 156 Floor Amendment Summary.pdf |
SEDC 4/12/2016 6:00:00 PM |
HB 156 |